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Friday, July 1, 2011

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  • indyanguy
    01-16 11:12 AM

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)

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  • sk2006
    08-19 01:34 PM

    IV is great..

    There are a few suckers who gave me red dots for this post.
    This was my first post and I dont think I wrote anything offending.

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  • glus
    11-06 09:06 AM

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
    What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?


    Hi PSN,
    Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.

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  • whiteStallion
    05-22 07:40 PM
    My PERM application filed on 10th March 2008 in Chicago, got certified this Monday(05.19.2008). So you should be very close to your approval...may be next week!
    All the best!


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  • Wish_Good
    06-22 06:04 PM
    Hi Attorney's,

    Thanks for this excellent community service. Which will help lot
    of people like me who are stuck with the Immigration/USCIS Issues/Errors.

    My Sincere thanks for responses to my earlier posting.

    Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
    and got RFE regarding my Educational Transcripts Which was
    responded in time and USCIS received on Dec 5, 2007. Then Got EAD
    and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
    due to 3yr degree) then I-485 denied on June 26th 2008. So, First
    applied MTR for I-140 which was denied on Feb,2009. Then applied
    one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
    by USCIS... receipt copy not yet received).

    Suddenly in the recent past month I see that, My I-485 status
    updated saying -Transferred and now pending @ Texas service center
    (got a notice). So, I applied EAD on June 4th 2009 based on this New Status.

    But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.

    Company B: Before I join this company B. They already applied my Labor (GC)
    and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.

    Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.

    Looking into this.

    My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.

    Please help me.

    Thanks a Lot in Advance.

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  • vidyakulkarni
    02-05 06:26 PM
    what is OCI??


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  • sanjay
    09-06 10:42 AM
    Contact Lou Dobbs and tell him to do a story so he knows what we are going through :)

    LOL... This is the best suggestion I had seen so far in this thread.;)

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  • adde72
    07-17 06:10 PM
    Donate so we can continue fighting!


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  • inskrish
    07-16 08:37 PM
    hey inskrish,

    you should be getting a welcome e mail any day now!
    where's the party man?


    Thanks for your words. You will be the first one to get a party from me, when it happens.:p

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  • deecha
    02-26 02:28 PM
    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.

    Not a legal advice.

    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.


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  • Gravitation
    12-19 12:32 AM
    There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

    The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

    Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.

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  • bharmohan
    07-30 10:24 AM
    No, VO returned my passport to me. They said will be sending a mail after review all those documents given by me.


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  • franklin
    06-15 07:30 PM

    I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS

    in G325A,
    should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)

    Good question - I"ll dig around and see if I can find an answer, but you might want to check with lawyer too

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  • aadimanav
    11-02 10:22 AM
    I think since in their case there is not Labor Certification process so their PD is the day they file I-140.

    Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.

    Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.


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  • vinzak
    01-02 12:07 PM
    You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.

    As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.

    However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.

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  • looivy
    02-25 07:40 AM
    Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.


    Can a legal expert provide advice as to whether I can use EAD/AP to get in?


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  • ujayra01
    07-12 10:21 AM
    Most of the EB3 India applicants having received their GC between 2002 and 2005?

    You really got to be kidding us. The 8 people I know of in EB3 during these period is still waiting.

    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.

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  • jthomas
    10-12 11:19 AM
    i filed for i-485, i-765 on July 11th. no receipt yet

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  • ganguteli
    04-23 12:55 PM

    Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.

    Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!
    How did you get your mailing, I140 reciept, approval and RFE date on the same day :D:D:D

    About krithi

    Will you consider attending the advocacy day or rally in DC in 2009.
    Would you like to be a Immigration Voice Volunteer

    Current GC Processing Stage
    Priority Date
    Green Card Category
    Country of Chargeability
    Service Center
    Labor Type
    Perm Center
    Labor Approval Date
    I140-I485 Concurrent Filing
    I140 Mailed Date
    I140 Filing Type
    I140 USCIS Rcvd Date
    I140 Rcpt Notice Date
    I140 RFE Date
    I140 Approval Date
    July 2007 Filer
    Adjustment of Status Application Type
    Adjustment of Status (I-485)
    I485 Mailed Date
    I485 USCIS Rcvd Date
    I485 Rcpt Notice Date
    Finger Print Notice Date
    Application Status
    EAD Mailed Date
    EAD Approval Date
    AP Mailed Date
    AP Approval Date

    06-15 04:21 PM
    Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.

    07-31 07:34 PM
    Good for you...the tracking number and print out should work...

    My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.

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