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  • lazycis
    02-14 04:42 PM
    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.

    Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.





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  • Munna Bhai
    01-08 01:56 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,





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  • GIDOC
    07-13 10:53 PM
    I would recommend sending a letter of thanks for support on this issue. I do not know if flowers a great idea.





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  • godspeed
    01-15 09:03 AM
    I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
    There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.



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  • Jaime
    09-14 05:25 PM
    To attend the rally:

    1- I canceled a business meeting - employer didn't like it
    2- I moved business travel around the rally, my boss also had to reschedule
    3- I am flying in from Texas

    Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!

    WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!





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  • coolblues
    08-25 10:55 PM
    HHi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
    Now yesterday I got this email from CRIS
    ================================================== ===
    The last processing action taken on your case
    Receipt Number: XXXXXXXXXXXXX
    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
    *Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message
    Sincerely,
    The U.S. Citizenship and Immigration Services (USCIS)
    ================================================== ===
    My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)

    Your comments are appreciated..!



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  • EndlessWait
    07-05 03:11 PM
    Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

    75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

    Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

    I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

    just my 2 cents.
    pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.





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  • sidd
    06-19 04:50 PM
    Hi.,

    My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.

    My questions here is:
    1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?

    Note:
    Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.

    Thanks

    It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.

    I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?



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  • boreal
    09-02 04:39 PM
    Below is the response I got today in email. For the "additional review" part should I be concerned

    The status of this service request is:

    Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.

    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    How long did it take them to send the SR response? When did u open the SR? Thanks in advance...





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  • snhn
    12-13 09:13 AM
    From Austin. In for whatever. Let me know How can I be helpful



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  • GCHope2011
    09-14 05:57 AM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.
    I certainly hope that my interpretation is wrong and that you are not in violation.





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  • Vijh1
    04-29 11:09 AM
    Can we work for Indian company and receive salary get deposited in India for the work. My spouse is in H4 Visa here and recently got the H1B approved. For the new H1B transfer could we show the Indian employer experience while you are physically present in US for last 3 years.

    Do we have to give Updated resume every time when we file H1B transfer?

    Any help is appreciated.:confused:



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  • va_labor2002
    09-25 12:36 PM
    Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !

    I think it is better to contact him.

    Guys...Any comments ?





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  • GCVivek
    01-28 05:57 PM
    Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)



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  • bkam
    05-18 10:34 PM
    :) Welcome to our news member Selvaela..
    You guys are cunning :) :) :)





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  • sparky_jones
    09-30 07:49 PM
    Thanks for your response. I guess option 1 would be preferable. However, the fact that there is no straightforward way of confirming if USCIS took action on the request to remove the attorney is a little unnerving.

    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?



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  • rcauvery
    10-02 10:50 AM
    We just applied for a student loan and got approved. Here are a few things we found out during the course of applying for the loan.

    The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.

    If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.

    You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]

    PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/

    Hope this helps and good luck with school.





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  • chanduv23
    09-10 06:47 AM
    Post mortem would reveal a lot of information - but I doubt if the officials would ever do that - the very fact that they reversed the bulletin fearing investigation and media publicity is that something "not very good" has been happening and they covering it up by saying backlogs, retrogression, process must be improved, etc...





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  • mbartosik
    03-12 03:33 PM
    I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.

    My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.

    Even on EB3 my PD is now current.
    When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.

    So here is my plan...
    On Thursday call again. Raise another service request?
    Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
    On Thursday go see Congressman's office.
    Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.

    When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.

    Any comments please?





    LostInGCProcess
    10-24 12:58 PM
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?

    This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)





    sk.aggarwal
    03-25 03:17 PM
    You need to go before filing labor in order to be eligible for one year extension.

    I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.



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