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  • seahawks
    09-12 11:41 PM
    28 members and counting! yippee...

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  • abhijitp
    08-21 07:33 PM
    My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.

    She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.

    This is exactly why a successor in interest I-140 cannot be premium processed.

    Original poster, as long as you have one I-140 receipted/approved with original LC, you should be able to send that receipt/approval notice copy and ask that they honor your new I-140 with copy of LC

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  • rkumar18
    11-21 11:45 AM
    Well contextually speaking...immigration benefits are for Cubans living in Cuba and for those who are already living here (BTW 75% of the total Cuban population in the US live in Fla so no surprises on the "vote bank" politics here) they are already US citizens.

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  • krishnam70
    07-09 12:45 PM
    I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.


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  • indianabacklog
    10-31 07:20 AM
    My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:

    I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.

    If you want to try to speed this up, go online, make an infopass appointment at your local office and have them send an email or fax on your behalf.

    I am not excusing the IO's right now but can you imagine the amount of calls they have had to endure since the July fiasco and the mounds of applications that they are having to deal with through no fault of their own.

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  • deepakjain
    01-21 03:25 PM
    I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.

    I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.

    I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
    submitting my passport I got it back with visa stamped on it.

    Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.



    I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:

    1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
    2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification

    I also read somewhere that there is a way to get PIMS verification done while in US.

    I will appreciate your responses.


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  • goodiespan
    11-30 01:42 PM
    Hi everyone

    My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.

    Our experience:
    Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
    Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
    Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
    Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
    Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
    Which employer?
    How long on H1B?
    What do you do?
    Has immigration petition been filed? (Yes)
    Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
    Why stamping in Canada?
    Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
    Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
    Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
    We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!

    Please feel free to ask any question! Good luck!

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  • logiclife
    03-24 04:55 PM
    Please dont waste time in engaging into a duel with numbersusa, FAIR, immigrationwatchdog, zazona.com or anyone like that.

    As it is, we are short on people who can work with us. I am not against fighting them in principle, but you are fighting an enemy who is not entirely just in our battle but overall immigration battle(legal and illegal).

    We have been trying to separete ourselves from illegals, so if we choose to fight an enemy choose someone who is exclusively against legal employment based immigration. Otherwise you are joining a fight that you do not want to be a part of ie the fight of pro or anti Illegal immigration.

    MY 2 cents. I think you are choosing an enemy that will make us look like sympathizers of illegals and open borders.


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  • ImmiLosers
    09-25 05:22 PM
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.

    I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
    I think you can still ask them even after 09/30. You may want to keep record of your dispatches.

    BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.

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  • austingc
    12-24 10:25 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

    Sorry to hear about your I-140 denial. Can you tell us why it was denied?

    1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
    2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
    3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.


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  • manderson
    04-23 10:12 AM
    Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..

    u will get a copy of the approval notice directly from USCIS though.

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  • sathyaraj
    11-02 10:38 AM
    I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?

    No. It will not help.
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

    Do you think there are only 61K nurses waiting in line?
    Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.


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  • frostrated
    10-08 05:38 PM
    Comp A sponsored you in good faith that you will join them after getting the GC. So, you will need to be willing to join CompA now. But if CompA is not able to hire you, you need to get documentary evidence that Comp A is unable to hire you at the moment due to the circumstances which need to be specified in the letter. And then, you can go about your employment with Comp C.

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  • swede
    08-23 11:41 AM
    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.

    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.


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  • meridiani.planum
    04-17 02:11 AM

    I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.

    I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.

    my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.

    I will appreciate advise from any one who has gone through this similar situation.

    AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.

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  • eb2green
    05-01 12:15 PM
    I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.


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  • dbevis
    October 16th, 2005, 06:53 PM
    There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.

    Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.

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  • p_kumar
    04-08 03:44 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006

    I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?.

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  • perm2gc
    01-07 03:17 AM


    another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.

    02-26 10:13 PM
    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.

    10-03 11:26 AM
    gctoget, I have sent you an email.

    paskal, thanks for your efforts to activate all state chapters. We really appreciate it.

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