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  • indianabacklog
    07-31 12:22 PM
    Guys,

    don't worry.

    The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!

    They can't age out children just because they sit on an application for 5 years...

    Relax..
    I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

    Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.





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  • kams
    06-18 01:21 PM
    My colleague was in similar situation. He went to Canada for H1 Visa stamping and while returning, the oficer at the border said I94 on the 797 is sufficient. Our lawer (Fragomen) adviced him to enter border crossing as last port of entry.





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  • mnq1979
    10-23 05:07 PM
    I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.

    hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?





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  • Madhuri
    02-19 04:58 PM
    I came back on Feb 17th from India.
    My visa expiry date: Sept 2009
    PP expires July 2009

    I -94 I got is till July- 99
    The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.



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  • EndlessWait
    05-24 12:51 PM
    we need to be on front page of CNN, FOX, MSNBC etc. if we want to make a difference.

    By the way , i did send several emails to CNN. But looks like we are gonna have to wait till someone covers us in media.





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  • pappu
    08-15 08:41 AM
    what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
    do they have any word to say in this deep visa retrogression for indian origin?

    they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.



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  • EBGreenCard
    07-30 12:40 PM
    True for most of us on this forum.





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  • villamonte6100
    06-27 09:48 AM
    I have I140 approval notice, Where can I see the A#?

    It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.

    Even my lawyer could not remember where my A# came from and I pointed it out to her.

    Some people say, they didn't get it. I'm not really sure.

    Please check your I140 approval.



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  • samswas
    05-05 09:09 AM
    Thank you Krishna!





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  • regacct
    11-23 01:27 PM
    Why the Anti-immigrant Dog Did Not Bark in Illinois (http://www.huffingtonpost.com/robert-creamer/why-the-anti-immigrant-do_b_787368.html)

    In the Sherlock Holmes short story "Silver Blaze" the famous detective focuses his analytic prowess on the "curious incident" of the dog that did not bark in the nighttime.

    In the recent mid-term elections there was a similar "curious incident" in Illinois that is important nationally. No major candidate in Illinois from either the Republican or Democratic Party demagogued the immigration issue. Neither the ultra-conservative Republican candidate for Governor, Bill Brady, nor the supposedly "moderate" candidate for Senate, Mark Kirk, ran ads, did mailers, or used talking points about the supposed scourge of illegal immigrants taking jobs or sponging up our tax money. Nor did any major candidate for Congress.

    It is definitely true that a number of the Republican candidates that were elected to Congressional seats hold anti-immigrant positions. But they did not choose to use those positions as wedge issues in the recent election. Why not?

    A possible explanation is that Republicans in Illinois are a kinder, more reasonable group than Republicans elsewhere. That, I'm afraid, does not pass the laugh test.

    You could argue that it's because Illinois has a large immigrant population in general and a large Latino population in particular. But so do Colorado, Nevada, Arizona and California where Republican Party candidates tried to use "illegal immigration" and "amnesty" as wedge issues to galvanize their base.

    It is true that Illinois has a more immigrant-friendly tradition than some of the states in the Southwest. Much of the Caucasian population in Illinois comes from recent immigrant stock themselves - from Ireland, Poland, Lithuania, Italy, Germany, Croatia and Serbia.

    But there is also a more old-fashioned reason. Demagogues and bullies tend to prey upon those whom they consider too weak to strike back. It turned out that in Nevada, California, and Colorado they made the wrong call, since their demagoguery galvanized turnout among Latino voters that defeated right-wing candidates for the Senate.

    In fact, the Latino vote saved the Senate for the Democrats.

    But in Illinois the right didn't even try their demagogic tactics. That's largely because the immigrant communities in Illinois have worked hard over five election cycles to build a muscular political organizing vehicle that gets out the immigrant vote -- and can bite back fiercely at anti-immigrant demagogues.

    In 2008, Jim Oberweis ran for Congress against Democrat Bill Foster on a heavily anti-immigrant platform and was flattened by the Illinois Coalition for Immigrant and Refugee Rights. That experience sent a lesson through Illinois' right-wing political class. Nothing like watching one of their own get scalded to teach others not to touch the stove.

    The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) no leads The New Americans' Democracy Project . This year, 13 electoral organizers worked for months in both the City of Chicago and the Suburbs. They targeted 133,128 infrequent immigrant voters for a multi-contact phone and door operation, and before the election was done the volunteers they recruited did a total of 549,000 live phone calls to their universe of Latino, Asian and Muslim voters.

    This work has been growing in scale and bite since 2002 when it began with no funding and in only nine precincts. At this point the immigrant vote can no longer be ignored by either party. Here are several key lessons from the Illinois immigrant organizing experience:

    1) Consistency Counts: ICIRR has had between 10 and 20 full-time immigrant election campaign organizers every election since 2004. They begin their work in July and work through November, building a "recent immigrant" field operation. In every single cycle they add new skills to their electoral organizing.

    2) Numbers Count: The immigrant voter program has registered over 90,000 new immigrant voters. They door-knock between 35,000 and 60,000 doors every election cycle.

    3) Diversity is Strength: The Democracy Project works with leaders and organizations in Latino community, but also the Asian, Arab, and Polish immigrant communities.

    4) Mine the "Base" and work the "Swings": The electoral work is done in the immigrant "base" Chicago port of entry neighborhoods to generate numbers, but also in swing suburban political districts where multi-ethnic immigrant organizing multiplies the voting power of Latinos. The activation of new immigrant voters in suburban "swing" communities forces Republican attention to immigrant issues.

    5) Reward Friends, Punish Enemies: ICIRR keeps track of who engages in immigrant bashing -- and stikes back. When Republican anti-immigrant candidate Jim Oberweis polarized voters against "illegal immigrants", ICIRR released to the media a film of undocumented immigrants cleaning his business while being paid only $3.23 an hour. When old-school Democratic Mayor of Waukegan, IL attacked "illegals" with local law enforcement of immigration laws, he went down to defeat in the next election because Latinos in Waukegan mobilized to support his opponent.

    6) Naturalize, Naturalize, Naturalize: ICIRR has one of the most aggressive citizenship programs in the nation. All told, an additional 170,000 immigrants were naturalized in Illinois over the last five years. The coalition itself directly assisted over 48,000 of those legal immigrants to become citizens, and thus voters.

    ICIRR is not a partisan organization. In fact, their most recent fundraiser was headlined by the popular former Republican Governor Jim Edgar. But because of the track record of Republicans across the country, its organizing definitely benefits Democrats. In fact, Democratic Governor Pat Quinn - who won by fewer than 20,000 votes -- would not likely have been re-elected had it not been for their work.
    On the policy side, ICIRR works for immigrant-friendly policies, and by any definition they have succeeded in winning some of the most immigrant-friendly policies in the nation at the state level in Illinois.

    The state of Illinois leans Blue, but it has wide swatches of Red. In the recent elections the Democrats barely lost the Senate race and took some terrible losses in the Congressional delegation. But in addition to electing a Democratic Governor, both the State House and Senate remained in Democratic hands. The immigrant vote was critical to these Democratic victories, but it is also a force that Republicans ignore or abuse at their peril. In this election, at least, Illinois Republicans generally had the good sense not to bait the immigrant community.

    In the current environment of racialized fear and polarization against immigrants across the U.S., the hard work of immigrant advocates in Illinois provides two key lessons:

    * Demagogues go after the weak, not the strong. You don't stop anti-immigrant demagoguery through accommodation, you stop it with strength.

    * Nuts and Bolts Organizing works.



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  • deecha
    08-06 11:17 AM
    I filed my EB3 LC Substitution I-140 with the copy of the labor. It has been pending since June 2006.
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.





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  • pmpforgc
    02-07 06:29 PM
    Hi

    I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:

    I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)

    I want your guidance : For going to India ( and coming back also !!)

    (1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?

    (2) Which AIR LINE OPERATES flights through these cities?

    (3) what are the non-stop flight options available between US and India?

    (4) Non-stop flights are cheap or costly compare to other one stop flights?

    ( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)

    I want to go to AMD ( Direct or through BOMBAY if possible)

    Also let me know any good knowledgable travel agents who knows rule and give good deal for India.

    thanks for your help.



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  • stupendousman11
    01-14 09:36 AM
    Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.

    Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?





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  • snathan
    01-22 07:36 PM
    I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.

    Can you provide more details...?



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  • purplehazea
    05-11 12:50 PM
    800 989 TALK - I confirmed it





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  • belmontboy
    09-06 03:02 AM
    For USCIS all desi's lookalike :p



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  • adusumilli
    10-01 01:32 PM
    I had same message for the I-485 but my EAD is approved. i called NSC about the FP print notice and they said it is issued in error and everything is fine. i have FP appointment on 10/05. So i think you just give a call and check with USCIS.

    1. My EAD application status at USCIS website got changed to,

    Current Status: Approval notice sent.

    this morning. My heartfelt thanks to ImmigrationVoice activists for this.

    My spouse's EAD application status still shows as,

    Current Status: Case received and pending.

    In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

    2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

    Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

    though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

    Any information would be helpful.

    Thanks,





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  • kriskris
    08-22 02:35 PM
    there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.

    dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.

    Thanks for the reply gc_chahiye.
    If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????





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  • va_dude
    06-15 04:15 PM
    With regards to the 485, are these dates the dates our applications were received at the center? (which for almost everyone who filed in the jul 2007 fiasco would be prior to Aug 17, 2007).

    Or is this the notice date?

    My notice date is much later, end of Sep 2007 but the date it was recweived at TSC was around Aug 15.





    krishmunn
    03-25 10:18 PM
    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

    No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
    Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.

    All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.





    The7zen
    05-28 02:58 PM
    I just did....keep it coming guys.....