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  • hebbar77
    05-18 07:07 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?

    You made my day!





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  • kondur_007
    08-11 09:32 PM
    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK

    I believe that this is a bit more complex issue and depends a lot on several specific details of your case. At times this is very safe to do and at other times it is "no no". At times it is advisable to inform USCIS and at other times not. It all depends on several specific factors (specifics of your case: details of LC, job title, duties, classification, salary, location etc etc).

    Bottom line: Can't get/give answer on the forum. Definitely worth consulting a VERY GOOD attorney.

    Good Luck.





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  • sledge_hammer
    06-26 02:29 PM
    The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...

    What are considered bad photos?

    I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.

    Cheers..





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  • lazycis
    02-28 01:49 PM
    Can you please let us know the URL for the latest name check FAQ posted today.

    http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596


    Questions & Answers
    BACKGROUND CHECK POLICY UPDATE
    Q1. What applications are affected by this policy change?
    A1. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q2. How has USCIS changed its national security requirements?
    A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)

    Q3. How has USCIS changed its adjudications requirements?
    A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
    (more)

    Q4. What happens if USCIS later receives adverse information from an FBI name check?
    A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
    Q5. Why is this policy being implemented?

    A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
    A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.

    Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
    A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.

    Q8. Does this policy change affect naturalization applications?
    A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

    Q9. How long will it take for USCIS to work through the cases affected by the policy change?
    A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
    (more)

    Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
    A10. No.

    Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
    A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)

    Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
    A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
    – USCIS –



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  • mwaikul
    04-01 09:06 PM
    Both faxes sent on behalf of me and my spouse.
    You guys are doing a great job of higlighting our plight. I have also donated 100$. You guys should probably start a seperate thread for fund raising.
    Anyways coming back to creating awarness. I thought somone should create a podcast something like the ones we hear on NPR. The other might take longer and that is to send a documentry to Google current. It a tv station that just airs user created content.
    Yes you guys are right not many people are aware of the issue. Up untill a week back I was under the impression (ignorantly blissfull) that the bill being passed in senate is going to reduce the cap.
    I think the first step to be treated on par with agriculture workers is to be organized like them.
    I have send out personal emails to all my friends and if anyone wants to reuse please feel free.


    Hey Buddy,
    Take a look at this
    http://immigrationvoice.org/forum/showthread.php?t=455
    Please take the time to register and send a efax (its
    quick I did it in less then 5 mins). The five mins
    might save us years :) in gettting our green card.





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  • Ramba
    04-13 05:21 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)

    Few more lessons are..

    1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
    2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.



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  • Sunx_2004
    07-28 03:59 PM
    I have old I 140 approval notice, Is it necessary to send the old I 140 approval while interfiling. What if the old company withdraw old I 140, How can I interfile in that situation.

    to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
    i have read of instances when the PD was successful and few instances when it was not...
    so i am not sure..what the criteria is..
    but if you are in the same industry..PD porting should not be an issue..

    ....
    i have a feeling sooner or later PD porting may be banned by USCIS..;-)





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  • ebizash
    09-30 11:59 AM
    Ken,

    The reason that the USPS is not showing your documents delivered could be many. One of the biggest reasons that I have experienced is "unable to scan the bar code". This is more probable if you had printed the mailing label and affixed it on the envelope with a tape. Sometimes the tape can overlap the bar code making the bar code difficult to be scanned. I frequently use USPS priority mail and in about 10% of the cases this happens. But I never had a lost priority mail piece.

    Additionally the fact that you had a soft LUD on 9/28, I would think that LUD was for the reason that USCIS received the documents. I had applied AP online on the same date as you did, sent docs via priority mail the next day. USPS showed that the documents delivered on 9/25 and had soft LUDs on 9/25 and 9/28.

    Hope this helps!



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  • chumki
    12-18 02:11 PM
    Thanks to paragpujara for giving me the offical AC-21 Q/A memo. Thank you.

    Quick question:

    If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?

    Do i have to show to USCIS that I started my new job after 180 days?





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  • vamsi_poondla
    01-27 04:27 PM
    Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.

    When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.

    Again, this could be a boiler plate clause, but not a clean clause like,

    "If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)



    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



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  • wikipedia_fan
    04-09 03:11 PM
    Does this mean that an MTR filed without the filing fee is automatically considered an appeal?

    I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.

    Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW





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  • casinoroyale
    08-26 02:27 PM
    It is not RFE. Your AP is approved and they mailed it to you.


    We have applied for our AP renewal on 05/09 at NSC. I have noticed online status change to our I131s today with the following message. Is this a RFE? if so, what could be the RFE for AP? Your help and input appreciated.

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
    Current Status: Document mailed to applicant.



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  • shozee
    12-30 07:22 PM
    Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
    Any idea what would this statement mean ?
    I_140 & 485 fild July 5th 2007
    PD curent





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  • chanduv23
    07-08 05:18 PM
    I do agree with your thoughts to some extent.
    1) Unless we get lot more folks involved, it will be a tough task. A small number for a DC rally or a phone campaign will not do much.
    2) Indian community (including GC holders, Citizens and highly placed individuals) would need to be involved if this has to become a visible voice.

    The best way to achieve these objectives is by taking it upon ourselves and reach out to these people. Unless enough awareness is generated, our campiagns will not generate enough heat to power the bills forward.

    People like pappu and the rest of the IV leadership have been intact "without" losing track or scope and have always believed in getting things done and not getting influenced by the negative vibes.

    These are the kind of people who lay a strong foundation and hold the walls intact.

    We need more and more of believers in the community



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  • axp817
    04-09 02:57 PM
    Receipting is not done by VO and the staff who do receipting follow certain procedures.

    USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.

    Files are distributed to different officers and they work on the files.

    Without a receipt number you cannot track your MTR.

    Talk to a very good Attorney on further course of action.

    I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.

    When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"

    Remember MTR = if USCIS makes a mistake - MTR costs $$
    Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.


    Does this mean that an MTR filed without the filing fee is automatically considered an appeal?





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  • pointlesswait
    11-25 04:44 PM
    the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?

    I dont see any news release saying that there will be X number or quaterly spillovers...

    Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??



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  • gsc999
    08-15 02:13 PM
    Guys, please take attorney advise before rushing in to refile. Duplicate applications may create problems for you later on.

    Imagine, given the huge retrogression how many countless times we will be refiling our EADs ad APs if we don't act now.

    Many people are blissfully enjoying the fruits of labor of some very dedicated IV member who selflessly participated in San Jose rally and flower campaign. These efforts were instrumental in the July visa bulletin reversal. Isn't it time we all stood up for our rights and make a strategic impact through a legislative change rather then just be satisfied with a tactical July visa bulletin reversal win?

    I can't talk enough about how vital it is for you to act now. Presidential race will kick in after October/ November time frame. Our window of opportunity is short. Lets help ourselves!





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  • Daisy
    01-07 01:14 AM
    I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.





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  • MeraNaamJoker
    08-12 10:49 AM
    Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?

    You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.

    Now to the original question of this thread.

    It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.

    Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.

    Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.

    My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.

    What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.

    GOOD LUCK!!!





    JunRN
    12-21 10:46 PM
    That's was his/her problem. If the person have not notified the USCIS about the job change, everything would've been fine :) I am not going to argue with you. If one of hundreds thousand cases had an issue, it does not mean we have to rush and file AC21 every time we change a job. That will just create more work for the USCIS and increase our chances for RFE/denials. That's my opinion. You are entitled to yours. BTW, I changed jobs and did not file anything. No problems.

    Goodluck to you, friend! Just hope Murphy's law doesn't strike you!

    I have not used AC21 and am not planning to use it. Although it is easier for me because I am a Registered Nurse and it is easy for me to port from one hospital to another. My strategy is different though. I am not leaving my sponsor and just working for another hospital in my free time.





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