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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • mambarg
    07-20 04:44 PM
    Receipt notice not sure how long. I have not yet got it.
    Approval notice has already come via mail in 7 days precise after status approved.

    Again this is PP. So may be for PP it is only e-receipt and not actual receipt.
    I am not sure.

    This is exactly same case for another colleauge.





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  • srkamath
    08-06 04:52 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
    You might want to research this. Good luck.





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  • baburob2
    05-25 05:59 PM
    genearlly you could have it renewed 1 year before.



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  • Kitiara
    10-08 08:22 AM
    All of them are very well done, but BBatPA's just appeal to me the most. :)





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  • SeanDell
    05-29 05:26 PM
    Thanks for your reply Morchu. I want to have some further clarification here:

    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?

    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
    How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?


    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.



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  • pmlboy
    05-01 04:16 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)





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  • Robert Kumar
    03-08 11:47 AM
    my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry

    any ideas whats next for him.
    does he need to apply for a new H1B or can any lawyer help him convince.

    Why do u think his H1B got cancelled. Pls share.



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  • Rsamuga
    07-24 04:31 PM
    Hi -

    Thank you guys ...I really appreciate your prompt response for this query...

    Answer for Punjabi's question-
    My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.

    Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.

    I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...

    Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.

    With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.

    Once again thanks for your responses.....





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  • smuggymba
    02-12 11:39 PM
    Just don't use immigration expert chandler sharma from Atlanta because this immigration expert doesn't handle immigration matters once you pay a 100 dollar fee at the reception.

    If you call to ask for an immigration expert to schedule an appointment, Mr Chandler sharma from Atlanta is the first and foremost person. When you go into this office, he says he deals in civil and business law....hahahhaha.

    My worst 100 dollars spent ever.



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  • meridiani.planum
    03-14 02:04 PM
    Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

    What are my options? I am in status?

    Thanks for your advice.

    u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
    If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.





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  • centrum
    10-28 10:23 AM
    Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)

    Is the statement under passport true? I still shouldn't have any problem right?

    Can someone answer this please?



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  • h1b_slave
    07-07 01:51 PM
    Does anyone know some good lawyer/CPA who can provide guidance on such matters.
    Also what if indian citizen residing in india wants to sell online to US customers ?





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  • nonimmi
    06-11 12:17 PM
    pappu,

    Can you please stop each such individual starting a new thread and misguide members. We have serious things to do and this guys are making it too annoying. I believe allowing all such people to start a new new thread is not a good idea.

    thanks.



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  • reno_john
    06-11 12:01 PM
    Asked Core Iv A Question And They Deleted The Thread

    --------------------------------------------------------------------------------

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.





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  • h1b_forever
    10-06 02:07 PM
    This is great news. Hope we see some names from the Congress on the list



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  • fatjoe
    03-17 11:33 AM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.





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  • bkam
    03-17 11:53 AM
    I am not sure how successful the effort of IV would be. I am not sure if all the work done by the core memberts and volunteers will help us to get quick of the mud we are in. I have a "plan B" and do not rely much on this mirage called Green Card. If it comes in a reasonable time - OK, if not - then I am gone. World is a wide interesting place and if one is a hard worker and a honest person, there is always opportunities.

    But I contributed, I supported the IV effort and I am sure that I have done the right thing. Today is St. Patrick's day and that reminded me a saying of an old Irish friend: - "We better die standing instead on our knees". In our case it means that even if we do not achieve anything with this money and loose it, at least we prove that we are not just silly turkeys :p

    Keep fighting for the right cause !





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  • unseenguy
    06-18 06:51 PM
    It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

    I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .

    Before answering something like this, you should know what you are answering.





    acecupid
    06-12 04:27 PM
    Currently there is lot of political pressure on the administration from hispanic groups to take up immigration reform issue. So postponing the meeting is only going to make these groups more impatient. This news should get more media attention. I hope the push for immigration reform does not subside with this delay in meeting.





    aviv
    09-25 11:34 AM
    before the new quota begins..
    Any ideas how many visas are left? I still see a few approvals in ...
    Could we see more approvals coming starting Oct 1 st?
    I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...

    my last resort will be AC-21 Jan 2008


    Mr LouDobbs!!

    What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything

    EB2/India/PD - July 2003
    I140 approved - Dec 2006 at TSC
    I485 mailed on 29th June to TSC
    RD for 485, 131 and 765 is 8/15
    recd EAD with Country of birth USA!! - 8/23
    FP done on 9/14 - Got LUD after FP
    Recd I 765 on 9/19



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