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  • WFGC2006
    02-15 10:53 AM
    has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

    2/10/2009

    When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

    Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

    The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.





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  • mvinayam
    08-12 11:07 PM
    On 2nd July, what time was your i-485 application received at NSC?

    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV





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  • drirshad
    10-12 08:09 PM
    This vaccination is for ladies only and in age group 11 to 26, that really means only 5% of Indians will be effected with the wait times we have been looking at.





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  • prasadn
    02-04 02:08 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.

    Thanks,
    Prasad



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  • krishnam70
    05-01 04:23 PM
    Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..


    Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.

    They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).

    goodluck and keep the forum posted on your progress so others may benefit

    - cheers
    kris





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  • barun1978
    10-29 09:19 PM
    I had my stamping this week in chennai for H1-B (7th year). I work for a reputed company and direct employee with no clients etc... This was my second stamping at this consulate, they asked for I-129 (which was perfect with all the docs provided to USCIS by the attorney) , W2 and employee verification letter. The consular was specifically trying to determine whether there was any vendor or client ,once she determined there was not any the visa was approved and got my passport in 3 days. But i noticed a lot of ppl had tough time if they were working as contractors.

    PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.



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  • vallabhu
    06-15 09:06 AM
    Hi Guys lets count number of people getting temporary benefit of filing 485 at this time, after we get our our EAD's how much are we ready to spend for lobbying to get our GC's soon.

    How much are you going to contribute to IV.





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  • Gigantic697
    10-13 04:08 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?



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  • krishna.ahd
    06-18 06:47 PM
    Gurus,

    Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.

    Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized

    What are pros and cons..

    Please help..
    As per my understanding , as long as you file for renew your EAD before the expiry you are in status , so why do you want to go back to H1??





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  • Anders �stberg
    January 17th, 2005, 05:03 AM
    From last nights local game. Some pictures from the seats, some from the penalty box area. ISO1600, 1/500s and f/2 or f/2.8 in manual mode. Sports really is a challenge, I still don't get many keepers - I noticed this time I tend to rush things and probably cause a lot of bluriness through camera shake, and don't follow the players well enough for the AF to lock on reliably. Practice, practice...

    Comments are very welcome! :)

    http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0568.jpg

    http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0596.jpg

    http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0605.jpg

    http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0621.jpg

    http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0609.jpg



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  • bobby
    05-17 07:33 PM
    Contact the USCIS Ombudsman's office directly. http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
    If you search online you should be able to find the telephone number for the main switchboard at DHS in Washington and then ask for the ombudsmna's office. You will probably need to submit your problem in writing with supporting documentation. Weve had a problem where USCIS made an error and have been dealing with the ombudsman's office for over a year. Patience is needed and followup on a regular basis. Eventually the problem will be escalated to senir USCIS staff in Washington for resolution. Be tenacious!





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  • milind70
    06-25 09:39 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.

    you dont require to file I 539 since she is out of the country ,so currently she has no status .



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  • sent4dc
    06-19 12:07 PM
    Wow! Thank you everyone for your input!

    So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?





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  • iwantmygcnow
    11-09 10:22 AM
    This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.



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  • Ann Ruben
    02-23 10:58 PM
    There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.





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  • gc_on_demand
    05-28 02:58 PM
    I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.



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  • BharatPremi
    03-17 03:57 PM
    did anyone get reimbursed for the medical exams - physicals and vaccinations?
    i am having a hard time getting my provider submit the claims to the insurance company.

    If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.





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  • pappu
    09-23 01:32 AM
    http://video.google.com/videoplay?docid=-1999333595666035699&hl=en

    Voice of America coverage. (in Hindi)





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  • chanduv23
    10-19 03:04 PM
    ^^^^^^^^^





    alanoconnor
    04-10 07:29 PM
    http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3

    REFILING

    Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
    Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.

    NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.

    NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.





    bindas74
    02-05 10:49 PM
    You will have to pay again and again and again.
    But you have a chance to get 2 year EAD. Thanks to IV for the effort.

    Hi needhelp!,

    How is that someone who applies in August 07 with a fee of $340 doesnt have to pay for their renewal while I have to pay even though I had applied in 2008 and with the same fee of $340??
    It really beats me...well I guess that's USCIS::(((

    Can you please point me to any documentation on this?

    Thanks



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