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  • rajmalhotra
    02-08 04:32 PM
    Does anyone else know of other instances of this happening?





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  • saibaba
    10-01 11:28 AM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    Director,
    US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information
    xxx

    Recipient Information
    xxx



    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    NEBRASKA SERVICE CENTER.
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
    Sincerely,


    xxxx
    Human Resources Manager
    xxxxxxx


    hi there:
    why you are sending it to IL?
    Didn't they mention about return address in the returned package?





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  • trueguy
    04-28 12:04 PM
    No issues for me when I came back on H1B on 4/20/2009.

    I had a H1B stamped on my passport from my previous employer and I was carrying new H1B approval notice from my current employer. I got I-94 till the validity of my new H1B approval from my current employer.

    No issues whatsoever, no question asked and it was smooth sail.





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  • nk2006
    06-22 03:02 PM
    Do we have to send our application to one of the centers based on where we reside/work?



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  • boston_gc
    01-20 06:40 PM
    Folks:

    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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  • ganguteli
    04-23 09:18 AM
    Focus on your goal. Emotions may not take you there.

    If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

    It is your choice. And yes you can file legal case against law firm. But then what?

    morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.

    yes you can file a complaint against the lawyer and his license will be revoked. See

    http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER

    Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?



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  • whattodo
    12-26 08:20 PM
    Well said, Kumar1. It seems like you have done PhD on immigration matters. :)

    H1/H4/L1/L2... - Non-Permanent Resident Alien
    F1/F2 - Non-Permanent Non-resident Alien.
    Green Card - Permanent Resident Alien.
    Citizen - Naturalized citizen

    Resident and Non-resident make a difference in taxation.

    Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

    Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

    Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

    Let me know if I am wrong anywhere. Thanks





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  • unseenguy
    02-23 01:34 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.



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  • senthil
    02-06 10:59 PM
    good question. i guess you were thinking we both were on AOS stage.

    only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.

    hope this explains. thanks.





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  • chem2
    08-17 07:07 AM
    The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.

    I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.

    Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.

    good luck. i hope everything works out for you.



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  • sac-r-ten
    02-26 10:20 AM
    Sorry to hear that.

    Plan B can be joining school again on F1 to do Masters.
    Just my 2 cents.





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  • smartboy75
    08-10 05:19 PM
    Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member



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  • rogerdepena
    07-17 10:33 PM
    Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.





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  • snathan
    05-12 07:05 PM
    My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

    Thanks

    Nope...you can not.



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  • chanduv23
    05-11 10:17 AM
    I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.

    You are missing the actual thing here. Backlogs are there in family based too - so this backlog is not "THEIR" problem - backlog is there because supply is more than demand. The Visa cap was congressionally mandated and when politcians question DHS - they only say - we will improve our efficiency and process applications efficiently - now without a visa number DHS really cannot issue you a green card. All they can do is process your application and keep. Visa number is the last thing in the process and they have to obtain visa numbers from DOS.

    Now - the issue for EB applicants being tied up to employer throughout the process is what is creating a difficult situation for us. Over the past 3 years IV has done a lot of lobbying to the effect of doing rallies, admin fixes, grass root lobbying, media drives and helping people in all sorts of issues.

    Look - it is not easy to convince people to change laws - because people on the other side do not see things the way we see it. It is all politics and one has to understand how get things done effectively. When you raise voice - the other side comes back with their POV talking about jjob losses, wage depression, fraud etc..

    I see people crying and cribbing and blaming everything and everyone for their situation.

    What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF





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  • sheelalann
    05-21 09:13 AM
    Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
    Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)

    Congratulations !! Enjoy the freedom



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  • shortchanged
    08-01 05:49 PM
    I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
    NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
    I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
    Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
    So they will bend their rule for illegals, but don't for legals!
    I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.





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  • andy garcia
    02-09 12:47 PM
    I found one of Pappu's post with a list of resources :0 http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8

    Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.

    Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.

    Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)

    With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!

    You guys invented them both. Golf and madcows:)





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  • amslonewolf
    09-22 03:01 PM
    Can or do attorneys provide the service to obtain an Visa appointment?? How effective is this approach? Anyone tried this route??





    lakshman.easwaran
    07-25 11:44 AM
    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?

    If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.





    reddy_h
    08-01 03:30 PM
    Dont worry. You should be fine. Even if they reject, you can open MTR. Good Luck!



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