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  • This is also key for people having questions about travel on AP:


    AILA requests that USCIS confirm in a policy memorandum that an individual whose application for adjustment of status remains pending is lawfully present in the United States regardless of the fact that the individuals advance parole related Form I-94 may have expired.

    Response: No unlawful presence begins to accrue upon the expiration of an I-94 where the subject of the I-94 has an I-485 properly pending before USCIS.
    We will review whether your concerns warrant clarification in the form of a policy memorandum.





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  • No, it is wrong, as you can see from the link, this is the correct address effetive July 30, 2007.

    I do not think it is wrong. Download instructions for filing I 765 and see the filing address. If you are in NJ, you need to send to Texas service center.





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  • When we use AC-21 and change jobs, and when we travel out of the country on using AP while coming back , at the POE if the immigration officer asks if you are working for the same employer, and you say no, then what are the risks involved?





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  • Where's the link to this story





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  • I do not think this is standard. I worked for a consultant company for 7 years and never saw an agreement like that!!

    Yes !!!Also to me, it feels very fishy. The topic of this document is very misleading too..."Time Sheet Agreement" and they have included all the 'bonded labor' clauses in it...Thats why I have posted it here in this forum to get some feedback from experienced people who might have come across these nonsense.





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  • kpchal2 & seekerofpeace - I have run out of ideas now.

    While we wait for October 1st (assuming visa numbers are over), what can be done in the next 13 days?

    I am checking with different attorneys, and might change from my current attorney as he is totally useless. He opened a SR for me, and everytime I call him, he tells me to wait for 30 days.

    I have taken Infopass, met the local senator, opened SR and nothing worked. Any ideas on what can be done next?

    I went through this last year in August and September. Nothing happened, instead I got a reply in October (by that time my PD was not current), telling me that my PD was not current. They entirely ignored what I had expressed. Nothing can be done to bring results in 13 days. In any case, visas may have already exhausted, however, new visas will be available in October, so there is some hope.

    Why cases seemingly work in random?

    (i) Work is given out in lots. For example cases 1-100 are given to A, and 101-200 to B. Both begin to work at the same time. Cases 101 gets processed much earlier than case 100. It is possible that by the time case 90 is touched, all visas are gone, so cases 91-100 are left high and dry.
    (ii) Receipt date is controvercial. Centers don't care when USCIS got your case. Each center cares when they (the centers) got the case. So for them, receive date is when the center received (which means opened and entered) your case. That's why true receive date is close to ND.
    (iii) IO working on a lot suddenly falls sick, and goes away leaving his lot at his desk. Visas are used by other IO's
    (iv) A file slipped out to behind the desk, and the case remains pending for a very long time.
    (v)...





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  • I got FP notice on 8/14 with appointment date on AUG 31. My application received on 7/2 and notice date of 8/2.

    NSC sent the notice to me and to my attorney.

    Hope this helps.





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  • Latest Update - We have reached our target of 400 faxes. No need to send this fax any longer. We have turned it off now.





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  • It is known that many employers and their attorneys do not provide their employees with the 485 receipt number. To avoid unnecessary trauma and strain on the employer-employee relationship, we should request USCIS to send a copy to the applicant whether 485 was filed with or without G28.





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  • I-94 on current I797 expires 4/30/2007
    Am expecting H1B approval 4/30/2007-4/30/2010 soon.

    Plan to travel in February 2007.

    One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).

    ^^^^





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  • TSC - I was stunned to see it in the mail today..We got our receipt no's just last week..





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  • My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.

    After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.

    What could be the reason for this RFE? Is it common?

    Did you move to a different state?





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  • I got an update via CRIS

    UPDATE: On August 5, 2008, we transferred this case to our NORFOLK, VA location for additional processing.

    My current status: My case was filed as EB2 and the PD is Mar2006, so I am current for another 6 days (Oct 2006 is retrogressing to 2003).

    I have talked to several of my friends and they said this update means an interview is in the works.

    Do you guys agree?

    If so, I had questions based on that. Me and my wife were planning to travel to India this December.

    1) Will I still be getting an interview since my case is not going to be current starting OCT 2008?

    2) In case we should expect an interview, should we wait till we finish the interview?

    Any input would be appreciated.

    -Raj





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  • But marriage certificate from Indian Consulates can not be used for this purpose.Same case with birth certificates.

    My sympathies to you.
    However I don't understand how your wife and kids got depedendant visa. I don' think one can get a H4 or L2 visas with out marriage certificate first place, unless your wife came here on F1 visa here.
    Anyway, You can apply marriage certificate with Indian Consulate. You may want to visit there with wedding pictures and passport there to get your certificate





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  • http://www.washingtontimes.com/national/20070222-121742-6247r.htm

    ...I don't mean to sound skeptical, but it is my firm belief (after watching the series of events over the last 8 months), that nothing is final till it's final.

    Though, this kind of encouraging news pops up every now and then in the media - we have to (as part of the IV group), work toward getting our provisions passed in whichever Immigration Bill that is on the floor for discussion.

    It's surprising that IV is the only group representing the "highly skilled group" and though 100s' of thousands have been affected by the "retrogression" phenomena, we have just about 9000 members...

    Let's hope something concrete gets done, this year!

    Hope 2007 is the year which puts to rest all the uncertainties we face...





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  • Thank you guys for the good wishes :)

    Here is what we learned from my case, please feel wordsmith it and put it on wiki -

    Some History:
    My PD - Feb 2003 EB3 (140 was marked for CP)
    May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
    June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.

    We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)

    My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays

    Her Lawyers advice: We have not come across such situation, we think we should file anyways.

    Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)

    Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.

    So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.

    Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).

    Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.

    Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval

    Hope this helps!





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  • Maybe someone can forward the update here: goivgaiv@googlegroups.com ?

    Thanks.





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  • Roseball, your 2 cents is the correct advice in any other job market. take it from a person going through PERM advertising phase now. its really bad out there and big corporations are not taking any chances.. they are simply asking us to wait, even if it means leaving the country for us.

    for OP, if you can keep your EB3 intact and try EB2 as an option (not sure if it is possible) by all means, try it. but don't jeopardize your EB3 application in this market. right now, I may have to leave the country next year when my 6th year is complete because i couldn't apply for GC before 365 days.

    P.S: I am in mechanical engineering field, may be the market is bad for cases like me. I don't know your case. all the best with your decision either way.

    ..You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.





    It's important to have the goal clear. Trouble with "Truth based Stories" is that they deviate very soon from the truth & start focussing more on the aspect of entertainment (American Gangster as a recent example). I don't like the idea of diluting the subject to make it more entertaining.

    Entertainment means different things to different people. There has to be a target audience in mind before making a movie. The larger the target audience you focus on, the lower the common denominator becomes. This is the reason Lou Dobbs has a bigger audience than Bill Maher.

    I think the idea of documentary is more true to our purpose even if it may reach fewer people.





    In fairness to the OP, he/she said that "...while TSC filer are getting ead adn AP as SOON AS THEY GET RECEIPT...." (emphasis mine).

    He/she didn't mean to say that NOT GETTING any receipt is good as long as you get your EAD.

    No Hard Feelings...as some body said earlier Grass Is Green on Other Side..
    You can't say "In-Justice" because of diff priority..NSC thought to let every body get receipt first then work on EAD's and AP's. So they are issuing those faster.
    TSC is working on both parallel.

    Same people they would have been on other side of situation wud have said that It's better to receive the receipt first than EAD.



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