Wednesday, June 8, 2011

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  • komaragiri
    08-10 11:55 AM
    It's on it's way.




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  • banta4u
    07-13 03:33 PM
    Hee Hee - U think that a lawyer like Greg Siskind - doesn't make sense.....
    I bet - he is on the money....

    The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more

    I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....




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  • Sienna Miller signs autographs


  • sekharan
    10-13 10:47 PM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    4. Are not all greencards created equal?

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.




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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer



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  • Yard Sign Stakes and Frames


  • Lasantha
    03-18 04:10 PM
    Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.

    In the meantime also try these forums.

    http://britishexpats.com/forum/forumdisplay.php?f=34

    http://groups.google.com/group/misc.immigration.usa/topics

    They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.

    Best of luck and congratulations !!!:cool:


    I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!

    We both will be in the US during this process.

    Me > :confused:
    My Wife > :(

    Here is our current situation:

    1. I've been back and forth to Thailand for better part of three years for tsunami relief.

    2. Met my wife doing relief work.

    3. She applied for visitor visa at US Embassy in Bangkok March 2007.

    4. Came first time to US May 2007

    5. Married in California in July 2007 (had not intended to, but we fell in love!)

    6. Returned to Thailand Sept 2007

    7. Returned to US (together) Dec 2007 and are here now (March 2008)

    8. Have filled out forms:


    I-130 Petition for Alien Relative
    I-485 Permanent Res/Adjust Status
    I-325A Bio for each of us
    I-134 Affidavit of Support
    I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?


    I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?

    Please get me going on this and then I can stop pulling my hair out.

    I discoverd this forum today and am so happy I've found it! :D




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  • Looking Without Make Up..


  • Gigantic697
    10-13 04:08 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?



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  • ravi_hyd
    10-26 10:53 PM
    RD Texas: 3rd Aug
    AP - Case pending
    FP- Not Received
    EAD - Card Prod. ordered




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  • miley-cyrus-no-makeup-stunning


  • chandra_mb
    03-10 12:55 PM
    H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
    "NO"

    Nurses come under schedule A which is completely different
    Main point---


    Nurses is completely a different cap and category.

    Thanks for your reply, I do understand the process - sponsor-LCA etc..,
    I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet.
    Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.



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  • Roger Binny
    09-22 06:23 PM
    Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

    Your EB3 applicaiton will not be affected by this new application.

    The whole process upto I-140 may cost $10k-15k

    Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.




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  • acecupid
    05-27 07:20 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.

    Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
    I guess they are trying to nit pick everything !!

    Atleast its an easy RFE to respond :cool:

    Good luck...



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  • No Makeup Look.


  • sdrblr
    02-03 12:26 PM
    Sorry to hear about the issue. I dont think how you can file a legal malpractice against the attorney when he has rights not to give the details of 140.

    140 as we all know is an employer application and the attorney is answerable to the employer who paid for it and who signed for it (forget about whether the beneficiary paid or not).

    I say appeal the denial open an MTR




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  • forgerator
    02-22 01:55 PM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

    isthereawayout, you and I are in exactly the same situation.

    In my case , back in 2007, I was filed under EB3 for a Software Developer position, even though I had MS + 2yr exp. However the job was such that it required Bachelor + 2yr so it was filed under EB3.

    Last year, I got promoted to Senior Software Developer. Employer is filing me under EB2 this time, and will use same experience as the one from EB3 , i.e. MS + 2 yr exp. However this time the job is such that it requires Bachelor + 5 yr.

    The only difference I believe is the Job description of the posting itself. In that, they have requested experience in technologies which are different from the ones listed in my EB3 job description.

    Hope that answers your question.



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  • drirshad
    11-14 03:01 AM
    You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm




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  • nefrateedi
    08-29 12:03 PM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!

    When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.



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  • Eva-Longoria-without-makeup-


  • gcdreamer05
    11-20 01:37 PM
    Great useful service to the immigration folks




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  • kamakya
    05-14 09:48 AM
    Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.



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  • Hilary Duff without make-up


  • shantak
    02-29 04:57 PM
    Same here, not received FP. Raised an SR but no use.
    Hope it will not cause any issues during EAD and AP renewal
    My case is at TSC and July 2007 filer




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  • imm_check
    11-06 06:34 PM
    From what you have mentioned, the answer to your question lies in the notice that USCIS has sent to your attorney....The letter should have exactly the steps needed and the time to respond....Your best bet is to request the attorney to send you a copy of the letter....

    Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....

    All the best....

    Do they send a 797 Notice of action?




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  • dsneyog
    01-14 10:44 AM
    Thanks. there is hope. I paper files too and included self paid return envelope. Was yours renewal or fresh? Mine is fresh.Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.

    Hope that helps.




    nonimmi
    05-30 02:52 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?

    Gotta clear backlog Ma' :D




    Hello_Hello
    01-04 06:52 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..



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