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  • teddy the dog
    09-23 01:28 AM
    :mad:
    DHS was looking for someone with deportation order of Walawala's place, which the person wasn't there, never lived there, never existed there. Walawala and his wife have valid H1 and H4 status. They looked at their document and with face that look cynical said that Walawala and his wife are 'ONLY' worker that come to this country and threathened they could have done something to harm their status. 'ONLY' Worker that come to this country, what do you guys think?


    Contribution:
    Join the Rally at San Jose
    but couldn't make it to DC :(





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  • laborchic
    10-06 11:39 AM
    Its an honor to have such prestigious members on IV Advisory boards..

    Great to know that we are in good hands..





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  • WeShallOvercome
    09-11 01:03 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.


    Stay calm!!!

    It's already about 2 months since you filed your AOS application.
    Now you THINK that you might be laid off - Are you sure ?
    But in any case, it's good to be prepared for the worst.

    Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
    Attn: Mail room
    This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
    Lastname
    Firstname
    DoB
    Country
    EB category
    PD
    "

    After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.

    If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.

    Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..

    You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?





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  • saint_2010
    09-10 06:43 AM
    yes...really what might have happened that day?..



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  • seaken75
    07-17 10:24 PM
    Do you have the link? Thanks! :)

    If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.





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  • eblues
    09-09 07:44 PM
    Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.

    I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).

    On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.

    My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.

    If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.

    Thank you everyone,
    Pierluigi



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  • tigerlibra
    09-29 05:52 PM
    Hello,
    Does anyone have any suggestions ?
    Thank you...





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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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  • reddog
    04-24 10:36 AM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.





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  • telekinesis
    09-06 03:50 PM
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  • anilsal
    07-11 11:26 PM
    this is the next best idea.

    In just week, the flower campaign was a success from idea inception.

    Guys, make this Arnie campaign a grand success.

    Please ask him to "Terminate" Retrogression!





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  • saileshdude
    12-03 02:26 PM
    Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.

    I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.

    I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.



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  • bskrishna
    10-13 01:26 PM
    we should all write to USCIS about this discriminatory thing. This is almost like making Guinea pigs out of immigrants.





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  • ramus
    06-11 12:08 PM
    Man,

    Get some education.. We call ourself highly educated...

    If you have urgent question then you can just PM core team.. Oh well but you won't know how to PM either.




    Asked Core Iv A Question And They Deleted The Thread

    --------------------------------------------------------------------------------

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.



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  • quizzer
    08-18 01:49 PM
    Need help ....

    Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says

    "On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."

    What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.

    whats your receipt date and service/center (NSC/TCS)?





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  • bluekayal
    10-20 06:06 PM
    Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140!



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  • Libra
    07-15 04:10 PM
    Its very simple, they are anti-immigrant channels, dont you know lou dobbs, o'rielly anti-immigrant shows have more ratings, so there is no way they want their viewer change their mind on immigration system. they are surviving on anti-immigrant programs.

    All we can do is exposing their lies, and make atleast few of them know most trusted new channels are not so trustable.

    I have the same question. If somebody knows please let us know





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  • kosu
    05-11 11:25 PM
    At last, I received my approval on May 8th 2008. What a relief. I have learned a lot from this fourm. Thanks a lot guys.





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  • sundarpn
    08-01 11:44 PM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)





    2003doc
    07-17 06:01 PM
    the best thing he could do is get married ASAP may be tomorrow and file I 485 for him and his wife together otherwise he will be in very bad situation. If in OCt his PD is current he will get stuck as he can not sponsor wife for a long time. and if there is severe retrogession than he will not be able to bring his wife to US unless hisnon-immigrant visa is still valid( still his wife would be in danger of being out of status)....So act NOW
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !





    gc_kaavaali
    06-18 05:25 PM
    You are fine!!! just be prepared for the Visa. Collect all the documents needed for VISA. Don't forget Tax returns.


    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help



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