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  • MCQ
    11-12 12:18 PM
    For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
    gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
    I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
    I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
    How wrong we were.
    I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.

    The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.

    That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
    They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
    As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.

    Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
    We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.

    The things for anyone to take away from my experience are.
    1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001

    2. Document everything - to prove that you acted in Good Faith throughout the process.
    Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)

    3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.

    4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.

    Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.

    GOOD LUCK





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  • as_rudra
    01-22 08:19 AM
    I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.

    G

    Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.





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  • reddymjm
    08-21 10:10 AM
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  • mayitbesoon
    10-23 04:59 PM
    My husband's EB2 Dec 2003 I-485 is at NSC and has been pending. Called customer service using POJ method and got an answer that the application is assigned to IO.

    We have replied to RFE two months ago.

    Can anyone guess how long it usually takes for IO to actually look at it and approve.
    Does it help to file DHS form 7001 or contacting congressman at this point.

    Thanks



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  • jonty_11
    09-11 03:38 PM
    the Oct VB was expected gaffe by USCIS/DOS...they dont know what the hell they are doing..so continue this effort andmake more VISAS available which will make them work rather than just sit on their u know what...


    Keep calling....





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  • Hunter
    05-09 05:35 AM
    This guy doesn't have a clue. He is deviating so much from the core US policy, I don't know where it might end. I wonder whether we are better off with the last one????

    Then why do you bother to desparately stay in US? Vote with your feet.



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  • krishnam70
    06-18 06:06 PM
    FORMAT FOR EMPLOYER'S LETTER :




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


    Hi everyone ,

    i have three question please please anyone answer ....

    1 - i have previously applied but was returned due to pd not current , what to file in the form where it say if u have appllied before ? ( i am filing on my own this time )

    2 - should the salary be there on employment letter . if so the present day salary or the one with labour approve ?

    3 - i have an A# when my file was returned should i use that or leave it blank wherever it is asked also my wife have TIN number is that what i am supposed to write where it ask her to give her SSN

    i will appreciate anyone answering any question please

    thank you

    pranju


    Hi all

    I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise

    thanks
    krishna





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  • nitkad
    06-18 01:25 PM
    Hi,

    Both, me and my wife have approved I-140 through two seperate consulting companies.

    Can we apply for I-485 individually and add the other as dependant at the same time?

    Thanks
    Nitin



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  • chanduv23
    11-06 01:46 PM
    Folks,

    I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Withdrawal Acknowledgment Notice Sent

    On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

    I am not sure if this means that my 485 will be denied shortly...

    This could be a new status message by USCIS when 140 is withdrawn by employer. If I am not worng, the notice that they mailed out, will gop to employer and not you.

    Call customer service to know about ur 485. I am hoping it will be fine as you filed for ac21





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  • gc28262
    09-04 03:26 PM
    Here is the taxes for Lingo service for VA.

    Federal Taxes & Fees: 0.36
    Universal Services: 4.64
    State Taxes & Surcharges: 3.37
    County/Local Taxes: 0.00
    Presubscribed Inter-exchange Carrier Chrg: 0.00
    Regulatory Recovery Fee for XXXXX 1.99
    Emergency Services Fee for XXXXXX 1.99
    ---------------------------------------------------
    Total Fees, Taxes & Surcharges: 12.35

    Talked to lingo Customer Service now.
    When existing customers change to the new Max plan, they have to sign up for a new 2 year contract.
    Also have to wait till the next billing cycle for the plan to take effect.



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  • javadeveloper
    01-09 04:06 PM
    We have it in about us page if you scroll down
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47

    Immigration Voice Achievements

    1. September 18, 2007
    1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
    2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
    3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
    4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
    5.
    2. July 2007 Visa bulletin reversal
    1. IV breaks the good news!
    2. Flower campaign

    i. USCIS takes note of the flower campaign

    ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage

    3. San Jose Rally

    i. Media coverage: Business Week

    3. CIR 2006: Manager's amendment
    1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
    2. The amendment was PASSED, although the bill itself did not survive
    4. Access to lawmakers
    1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
    2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
    5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
    6. IV Spokesperson invited to conference at top US University
    7. Only organization FOR high-skilled immigrants BY high skilled immigrants
    1. Most visited site by high-skilled immigrants in the
    2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:

    i. 1/2006: 60

    ii. 2/2006: 600

    iii. 7/2006: 4500

    iv. 1/2007: 7500

    v. 7/2007: 15000

    vi. 8/2007: 20000

    vii. 11/2007: 25000

    I may be wrong but we should have achieved more than this ... Let us know what we have to do to make this happen





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  • waitnwatch
    08-21 12:11 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........



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  • gandu_no1
    07-13 10:56 AM
    Good idea kumar1, once this rollercoaster ride is over and settled.. we should start an anti-Lou Dobbs Youtube session. I will definately contribute in whatever way I can.. uploading videos, editing etc.


    Lou Dobbs and CNN runs an hour long "Hate Immigrants" Program every night Monday to Friday. He repeatedly calls US immigration as a failed system, H1-B and L1...as cheap labor and stealing American jobs, he has big problem with China and China's developing economy, He blames foreigners for bad economic condition of California. He proudly uses the word "Illegal Alien". His program "Lou Dobbs Tonight" is nothing less that someone in Iran running a hate show against America. Lou Dobb always called CIR as "So Called Grand Amnesy"! Once this July visa bulletin fiasco settles down, we need to get together and attack this guy, every night so that he can stop his hate propoganda.





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  • s_r_e_e
    08-21 10:46 AM
    i support any action.. but writing to Uscis will help only if your interpretation of law (or lack of law) on spill over is correct. Shouldnt this be confirmed first?



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  • ksvreg
    09-23 11:32 PM
    Just curious, how come there are some pending aplications in the year 2008 and 2009 where there were no VISA BULLETIN with those years. How they filed without Bulleting entries? Got point? or Am I missing some thing?





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  • vgc
    06-29 03:56 PM
    Update on July Visa Availability (http://www.aila.org/content/default.aspx?docid=12666)

    We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. AILA Doc. No. 07062973.



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  • skynet2500
    10-15 10:20 AM
    I was able to contact NSC using POJ today. Got same response- File is with IO for review.

    I could reach IO yesterday. representative said that me and my wife's cases are preadjudicated. Not sure if I could believe this...





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  • qasleuth
    09-23 09:22 PM
    No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(

    huh ? You cannot google ? Let us know if you need help with the math.

    Employment-Based Visas (http://travel.state.gov/visa/immigrants/types/types_1323.html#third)

    7 % country limit.





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  • punjabi
    11-18 03:57 PM
    Hi guys,

    I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.

    I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.

    Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.

    It does not seem like the letter reached the person to whom it was directed to.





    walking_dude
    01-10 10:44 AM
    Writing a letter to the President urging him to implement reforms to help our community will not have any consequences in a Free, democratic country which guarantees freedom of expression to everyone, including citizens.

    If writing a mere letter puts you in trouble in any country, then that country is not worth living in.

    I alreay sent mine and my wifes. 2 for President and 2 for IV.





    pop
    01-20 08:40 AM
    Because you still need a visa to enter the USA (though you have an H-1B approval) and application for the visa abroad is not always easy.



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