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  • JunRN
    09-12 04:44 PM
    It seems that the delay was cause by the USCIS itself. It should have made known to applicants where to "correctly" send the application such as if your I-140 was approved in TSC, send your application to TSC. What happened was a lot of applicants sent their application to NSC, but was transferred to TSC. This cause a big delay in Receipting.

    My application was sent to the right Service Center. Therefore, I believe, this resulted to my Receipt Notices being received according to the USCIS Receipting Update.




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  • hiUS
    09-09 10:16 AM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    Hi wait4ever,

    Please post your Infopass experience when you are done with it today.




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  • morchu
    05-08 01:51 PM
    Is it still not clear for you? eb-dependents are NOT eligible for F2A.
    We have to follow the regulation when law is not clear and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.

    I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".

    You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).

    You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.

    Guys,

    VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.

    Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.

    I need IV Core help for this.




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  • desi3933
    06-26 02:55 PM
    Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose

    >> you have nothing to loose

    How can you say that? Do you EVEN know what are you saying?

    I suggest you talk to lawyer before losing "something".



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  • njboy
    11-19 05:33 PM
    so from the above post it is obvious Sen Menendez will consider a recapture provision only as part of a comprehensive bill. Atleast you got an email that addresses your expressed concern about backlogs. I just got the standard reply for DREAM Act, even though I had specifically spoken about LEGAL immigrants-

    Dear Mr. xxx:
    Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
    You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had�to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
    Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
    While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
    Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.




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  • dhesha
    08-27 12:05 PM
    Yesterday we got our cards for myself and wife. Good luck to all who are still waiting.



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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.


    [Emphasis added for clarity]



    ______________________
    Not a legal advice.[/QUOTE]




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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?



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  • pvpb
    09-28 01:02 PM
    Quick question...how can we check LUD wihtout receipt notices...is there any way? please suggest.



    Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.




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  • gccovet
    02-09 03:38 PM
    Hi,
    I have sent my contribution of $21 through paypal.

    Payment Sent (Unique Transaction ID #0FB67301XJ308793P)

    Thank you Pachaik,

    With 15 contributors, We are now at $484.00



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  • dtekkedil
    07-03 08:05 AM
    Can we setup a separate payment account for those willing to contribute to this campaign? It becomes difficult to coordinate if every individual goes on to mail the flowers. Instead we should all contribute to the "send a flower" campaign and then the person in charge of the account should send those flowers (with the note) on a pre-selected date.

    It makes things easier for people and they may be more willing to participate!

    The other thing is to raise awareness about this campaign! Mail your friends...




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  • Mahatma
    12-20 03:07 PM
    here's my list. would love to hear others.

    1. listen to music.
    e.g. kishore songs.
    http://www.youtube.com/watch?v=FjjK_37OpNM
    sing !

    2. read a good book.
    e.g. Emerson essay on compensation.
    "For everything you have missed you have gained something else."
    http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
    i think it's a very powerful essay for life.

    3. go to the gym. workout. jog. lift weights. play a game.
    table tennis really helps.
    resolve to be your fittest.
    adversity must make us stronger, not weaker.

    4. travel internationally
    take a trip to some country you've never gone to before.
    observe people's olympic struggles.
    it's part of the human experience.

    5. learn a new skill
    something you've always wanted to do but did'nt get around to.
    public speaking, dancing, singing...your choice.
    take a class at a community college or a university.

    6. go to temple or church or mosque.
    make a deeper spiritual connection with God.
    let him lift some of your burden.
    i listened to Hari Om Sharan after many years and experienced a real sense of joy.

    7. spend time learning about US government.
    get to know more about how government works. why does house vote differently than the senate ?
    get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
    our friends on the other side of the fence have done us a favor by organizing this information
    http://grades.betterimmigration.com/index.php3
    just reverse the grades. consider approaching reps/senators with your situation.

    8. learn from IV efforts of previous years
    many skills were introduced which could have helped us. what can we learn from what failed ?
    e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
    Gandhigiri did work this year. it was a major success story we should celebrate and learn from.

    9. accept and enjoy the present.
    accept the present moment. breathe.
    enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
    experiencing these gifts of life is enough to keep one happy.

    10. write it out.
    record the feelings you are going through in writing.
    capture the details.
    what was your journey, your expectations, your highs and lows ?
    you may see your struggles in a different light 10 years from now.

    This is one of the other best response. Rational, suave and truthful!



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  • eastwest
    04-21 03:50 PM
    Here is what you do,

    1. Do not talk to them on phone
    2. Send them a letter stating keeping your salary is against law. If they think you owe them the money, send you a letter explaining why they think the money is owed and how much, state that filing of labor is a cost to the company and not to the employee as per DOL
    3. Give them a time limit of 30 days.
    4. Ask them to send all the correspondence to your home address.
    5. Send them a letter with some kind signature rcpt.

    Wait and see, If they have a real claim then they will respond to you otherwise they will send your money.




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  • payur
    07-11 10:21 AM
    Way to go !!!!



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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • gccovet
    08-05 11:35 AM
    My priorty date is 17th Jan 2003 Eb3(2)-India.
    485 filed on 31st july 2007.
    I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
    Has anyone else gotten a lud on their I-140 also ?
    Thanks.

    Mahujam,
    I got soft LUD on my I140 (approved in 2006)as well around same date as your. No way I would get GC as I am EB3-I 5/04. I posted this question several places, but have not recd. any answers for anyone.
    GCCovet



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  • user2005
    05-23 04:39 PM
    another reporter contacted me today. so this campaign is working. lets continue this good work.

    A little checklist to encourage other IV members to work on action items.

    1) Funding Drive
    http://immigrationvoice.org/forum/showthread.php?t=4618
    Just made paypal contribution for $100.

    2) Media Drive
    http://immigrationvoice.org/forum/showthread.php?t=4290
    Sent IV press release (http://immigrationvoice.org/forum/showthread.php?p=66341) to major Newspapers/Magazines/Television Networks/News Services using AILA site http://capwiz.com/aila2/dbq/media/

    3) Email to Senators
    http://immigrationvoice.org/forum/showthread.php?t=4619
    Sent to all senators in list by visiting their sites.

    4) IV Fax
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
    Sent.

    Will work on (5) Phone Campaign (http://immigrationvoice.org/forum/showthread.php?t=4581) as soon as I get chance at work.




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  • chanduv23
    07-08 09:56 AM
    There are laws in place, already, for discrimination against applicant having proper work authorization.

    If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.

    Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.

    There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.



    _________________
    Not a legal advice.

    desi - the reason we face all these issues is not because of anyone's fault.
    Reporting an employer is not as easy as it sounds.
    The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
    The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.

    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......




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  • nefrateedi
    09-08 04:34 PM
    WAC is California Service Center.




    ashishgour
    08-28 11:41 AM
    Reached application to NSC on 7/23. No checks cashed yet.

    Anybody else there with 7/23 received date?


    Me toooo




    amitjoey
    07-09 07:37 PM
    We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.



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