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  • sara_apk
    04-16 07:14 PM
    Hi Sara,

    Could you please post you case details & PD?

    I don't remember all the details of my case.
    Mine is PD: Oct 2002/EB2
    Labor got approved in Mar 2007
    I-140 premium processing and got approved in May 2007
    I-485 got approved on Apr 01, 2008





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  • signin241
    07-24 08:39 PM
    Problem is that Affidavits and the Birth certificate has their names in 1 way and that is different when compared to the passport. That's the problem.





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  • EADchallenged
    07-27 04:17 PM
    CIR is akin to churning the ocean and in an election year highly unlikely. Our best opportunity this year would be to get some retrogression relief in this bill. Filing for 485 gets some extra dollars for the ICE and at the same time does not add a single extra immigrant. Is this being pursued seriously?





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  • raysaikat
    05-31 12:18 AM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

    It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

    In this document, "out of status" is defined as what I am referring to as "unlawful presence".
    212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

    * For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
    [snip...]
    It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

    Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.


    2)How does USCIS actually track who is employed and who is not?

    They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.



    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?


    Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

    I.e., you will have no problem at all.



    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!

    My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.



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  • Aah_GC
    06-17 03:52 PM
    What my Attorney (Prashanti Reddy - who does free sessions on IV) said

    This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.

    On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.





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  • gsc999
    01-08 10:29 AM
    Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!
    ----
    Albaman & gcseeker:
    I am not an expert on this issue but per my understanding Contract law states that minors can't enter into a "valid" contract except for "necessities." Therefore, the need of their guardian's status. Also, these babies will get the $25K bond money when they become adults. I haven't read the Ts&Cs but am pretty sure about that



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  • logiclife
    10-15 02:12 PM
    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.

    But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

    It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.





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  • santa123
    01-23 01:40 PM
    CIS Ombudsman - Send Your Recommendations

    Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225



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  • irrational
    04-04 02:34 PM
    Our company went with a cheapo attorney.

    But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o





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  • AabTuAgaGC
    07-02 05:58 PM
    Please, stop rubbing salt on our wounds:mad:



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  • vkrishn
    08-27 08:13 PM
    There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!





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  • go_guy123
    10-11 10:54 AM
    It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill.

    Senator Menendez in charge of this...looks like Fox guarding the hen house. I suspect he is more interested in hostage taking "employment-based immigrants " for his
    "comprehensive immigration reform". Dream act advocates know this and are openly attacking the "frenemies" or "two-faced" pro-immigrant politicians and Senetor Reid in the democratic party.



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  • immi_enthu
    08-28 09:34 AM
    They might return urs , simple.

    what will happen in case of 140/485 concurrent filing ?





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  • surabhi
    06-02 11:25 AM
    Surabi. thanks a lot. gave a good insight. will contact an attorney.
    but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
    So even if I apply for L1 extn, I dont know which might get approved first !! .
    does that change anything ?

    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.



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  • a_yaja
    04-23 09:08 AM
    I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.

    I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.

    I am novice in this area.
    If there are any other ways to find out, can anyone shed some light on it.

    Thanks.
    Can you please elaborate? When you say "whether the labor was cleared for EB-2 or not" - do you mean that your employer has already filed you I-140 application and you received an approval notice for the I-140? Or did your employer file for Labor Certification under the PERM process and your labor was approved?

    If your I-140 was cleared - look to see under which category the I-140 was approved (more information on that @ http://www.uscis.gov. Search for Employment Based Green Cards).

    If your Labor Certification is cleared and you still need to apply for I-140, then the wording and the requirements determine if the job will qualify for EB2 (Labor Certification itself does not specify the EB category). For example, if the requirements state that a Master's is required or a Bachelor's + 5 yrs of experience is required, then you may qualify for EB2. You should remember that even though the Labor Certification requirements qualify you for EB2, your employer may choose to file under EB3.





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  • njdude26
    07-19 03:57 PM
    My attorney today informed me just a week after he sent an email to them saying that case was closed in error they replied back saying they are reopening the case. wow that was fast...



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  • abhijitp
    11-14 09:19 PM
    Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
    And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!





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  • MatsP
    November 9th, 2004, 09:41 AM
    Sorry to hear about your problem with the D70...

    I don't know anything in detail about D70, as I'm a Canon man myself...

    But some general thoughts and ideas:
    1. From the behaviour, I would think that something has gone wrong with either the RAM or the ROM(flash) in the camera. This would cause a similar thing to a "Blue Screen of Death" that you get on a PC sometimes when something has gone wrong somewher. In a machine like a digital camera, the most sensible thing to do to try to recover is to "reboot", or put another way, reset the camera.

    2. It is possible that it's just a "transient problem". Have you tried removing the battery for a longer period of time (at least half an hour), and also, if there is a small battery for keeping the time when changing batteries etc. (don't know if the D70 has one, the Canon ones does), you may want to remove that too to be sure that the camera is "properly powered off". This may of course reset some of your personal settings and definitely should reset the time/date in the camera, but I'm sure you can live with that.

    3. It may be possible to "reprogram the flash" using the standard procedure for updating the firmware in the camera. *** I would only do this as a "last ditch attempt" ***. I don't know how this is done, but I'm pretty sure there is a way to load a new set of firmware onto the camera some way. But if it's the RAM that is broken, this may cause the firmware update to fail and that may cause even worse scenario than what you've got, so I would only do that if you think that "Things can't get much worse". This is akin to a PC being re-installed from scratch. Like the PC case, it doesn't actually help much if the actual cause of the problem isn't the software/firmware itself. Don't blame ME if this doesn't help, and it makes things worse!

    I hope some of this is of help, if nothing else, to understand what the problem is.

    If it really is the RAM that is busted, it's probably going to be fairly expensive, as I don't expect the repairer will replace the individual parts, but rather just swap the whole PCB, which means "all the guts of the camera".

    If, on the other hand, it's just the flash that's gone crazy, then it's most likely just a question of "factory programming it", which would be a relatively trivial operation, and shouldn't cost much to fix.

    --
    Mats





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  • fres42
    01-27 10:57 AM
    I applied for my H1B extension on Aug 23rd(Vermont). It says they are currently processing Oct 01, but my case is still pending..... Anyone in the same boat?

    Vjkypally, I am in a similar position. I applied for H1 transfer Aug 13th, Vermont Center. Yes, it says they are processing Oct 1, but my case is still pending. For some reason the online status hasn't been updated. It shows old status, pending, the original status of Aug 13 reciept notice date.





    LondonTown
    07-30 02:28 PM
    is this common for all those who have a primary vendor between the employer and the client ? or they are just doing it in random ?

    Though i live in hyd i chose delhi for appointment coz previous stampings from delhi had no issues :(

    I guess it is random.





    gc_on_demand
    05-28 11:39 AM
    If they approved your I485 before you get married then only way left for your wife is H1b or another visa. ( not Student visa ) you cannot apply for her gc if she is on F1 ( F1 is not dual intent visa ) .

    If they approve GC then current family category takes 5-6 years F2A category . OR u can become citizen and file which is also 6-7 year from day u get ur gc.

    BUT given trend it is very riskey to withdraw I 485. People donot get even chance to apply for I 485. You will be back on line in this mess.

    Choise it yours..



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