Tuesday, June 14, 2011

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  • nixstor
    08-23 11:08 AM
    First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).

    In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.

    How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?





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  • chanduv23
    05-04 04:49 PM
    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.

    Depends on what is in the denial letter. Usually such things need an experienced Attorney to handle MTR.

    MTR has few choices and Attorneys pick the choice based what they want to do to open up ur case. Remember, if u check the wrong box, your MTR may go to appeals office.

    The first step however is to get the denial letter in hand, and then talk to an experienced Attorney to handle ur case.





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  • gopinathan
    03-29 05:02 PM
    your case seems to be completed before Jan 29th 2010 deadline. from my understanding, all new applications after that date should go through a central (federal) PWD and that system is taking its sweet time..

    my application from a big company was filed recently. same process issues but they completed the prevailing wage issue just before the deadline.

    ksvreg - if you are looking for the new timelines, I don't know about those either..

    ...My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, ..





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  • belmontboy
    05-22 07:05 PM
    As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.

    Its more then two months now i did not have any update from my HR inturn from attorney.
    At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.

    My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
    I am not sure if it should be filed in that way ....
    Let me know if i am heading in right direction ...

    Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.

    Recent trends for PERM processing are around 60-90 days.



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  • nihar
    11-21 04:08 PM
    if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess





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  • Domino
    04-25 06:46 PM
    Thanks man, appreciate your quick response.
    Glad to hear you got your visa :) was it hard and strenious?
    I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.

    Best,
    Ilan

    Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
    Was approved very soon after submitting..
    So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!



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  • glus
    12-16 09:09 AM
    I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.

    I work in an immigration law office, so I know the general procedure.

    Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.

    Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.





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  • srisra
    07-13 09:21 PM
    i am also in the same situ.
    my lawyer asked me & my wife to sign a document before he proceeds. I was supposed to sign it today. but i am scarred.
    the other thing is if uscis rejects it, i have to pay my lawyer add'l $250 for re-filing.
    i just spent $650 for medicals taking time off..
    not worth...
    i am getting frustrated... and can t control....



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  • whoever
    07-19 10:49 AM
    anyone help!





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  • little_willy
    12-14 01:49 AM
    Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.



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  • Dhundhun
    06-03 03:19 PM
    I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

    I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

    J Thoams

    Thanks Thomas.





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  • reverendflash
    10-28 10:04 PM
    I know how you feel...

    I just had a $5k client "crawfish" on me...

    It wasn't totally his fault, he went out of business... :*(

    I didn't do a lot up front, just becuase I was concerned about getting paid... I still lost money... :*(

    Oh well, back to the streets to drum up more clients...

    ::holds up a sign that says "will make web site for food" ::

    Rev:elderly:



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  • njboy
    07-26 11:22 AM
    sky..definetly wait..they are going to introduce i140 premium processing for eb3 next month, and for eb2 maybe a month later. then for 1000 bucks you can have your i140 cleared ..(there is a good possibility it will clear by itself before that)





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  • purgan
    01-14 04:41 PM
    Now, that's a good idea. How about Cutting Permanent Residency Delays.

    18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.


    ===

    http://www.nytimes.com/2008/01/12/us/12citizen.html

    Agency Acts to Cut Delay in Gaining Citizenship

    By JULIA PRESTON
    Published: January 12, 2008
    Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.

    Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.

    The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.

    The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.

    According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.

    �It�s a problem of their own making,� William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. �We kept telling them, there is going to be a surge.�

    In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.

    The agency also received a deluge of other immigration petitions.

    Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.

    Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.

    Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.

    The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.



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  • maddipati1
    01-13 01:31 AM
    see below next to ur Qs.

    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?
    NO. ur status is AOS. u can here until a decision is made on ur 485 app

    2) Can they cancel my approved i 140?
    They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
    Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
    normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.


    Thanks so much for all your help, Thanks ...



    All my input is based on what i read on forums. i highly recommend to consult an attorney.

    This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.

    The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.

    also imp is getting an offer letter even for future employment with matching job.





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  • desidude
    12-22 10:12 AM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.


    Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.



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  • reddymjm
    05-28 12:56 PM
    Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.



    Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.

    My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.

    I second this. Do not lose your postion in the Q.





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  • bobzibub
    04-28 10:04 AM
    ...Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders....
    ...

    This statement is utter nonsense.





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  • ramaonline
    09-25 06:09 PM
    if u stay outside the US for 366 days, the h1 clock is reset - then u can re-enter in h1 status for a new 6 year term - u must have an approved h1b petition, the new petition is subject to cap. (which gets exhausted really soon) -





    alkg
    10-09 07:09 PM
    I filed I485/EAD/AP on 2nd July but no result till date.I Called USCIS Today also and my information is still not in their database.

    It is really frustrating ..........................
    :(:mad:





    GCAmigo
    07-16 08:59 AM
    Just curious, where did you get the 1000 number?
    Our website shows 18,000 members and growing.

    OK.. may be less than a 1000 (contributing) members!



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