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Sunday, June 26, 2011

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  • Suva
    10-02 02:25 PM
    What was the reason behind the RFE?

    I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
    here is the case history.
    I-140 filled march 2007
    I-485/EAD filled July-2007
    EAD approved/EAD card arrived 15 Sep 2007
    I-140 RFE August 2007(A2P)
    I-140 denied 27th Sep 2007.
    my question is,
    what are the options do I have?
    my employer is talking about appeal.
    since the original I-140 is denied will the 485/EAD will get cancelled too?
    is there any way to port the LC date?
    what are the chances of appeal/approval?
    employer is in good standing(financially).
    any suggestions,input will be highly appreciated.

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  • Joey Foley
    May 18th, 2005, 03:23 PM
    I also took this one around the same time and it has it too.
    You guys think I should take this camera to the shop and get it looked at?
    I have other cameras to use (20D,10D, and digital rebel) while I'm waiting.

    If so, where is the best place to get it looked at?

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  • bazuka6
    10-20 09:14 PM
    I seriously think IV should take specific instances of past delays due to FBI checks and USCIS delays and highlight these.. A letter campaign supporting Mayorkas should be sent to senatiors.

    Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays

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  • vladdrac
    06-11 06:01 PM
    the question may be, why did 'someone' do it


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  • ras
    01-18 01:03 PM
    This is going to bump up the no of letters...

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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.


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  • suratvoice
    12-17 11:59 AM
    What does career progression mean ?

    Moving from Senior Programmer Analyst > program manager.

    This is a very gray area.

    Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.

    but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...

    so the question remains... is career progression
    programmer/ software engineer/ software developer/ programmer analyst

    project manager/ program manager/ product manager


    We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.

    experts/attorneys/experienced people.. your opinion??

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  • Leo07
    07-21 10:02 AM
    Taking the emotional quotient and any other 'angles' out of the issue. Fragomen is correct and so is your manager.

    If it comes to that, it's not worth the risk for you, your manager and your company to do anything other than what's suggested by your attorney.(Fragomen)

    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.


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  • vivache
    09-21 04:47 PM
    Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.

    I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.

    Wouldn't it make sense to lobby for an interim EAD in following cases:
    1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
    2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?

    Not sure if this issue has been debated before.

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  • glus
    12-16 09:36 AM
    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me? submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?

    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.


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  • ilovestirfries
    07-06 10:28 AM
    I thought that Kaiser was only for Western States. Is it there for other places also?

    A little peek into Kaiser's website will help you a long way in answering your basic questions...

    Here is the info. about their locations,

    Here is their website, where you can do "SEARCH" before you ask any kind of basic questions,

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    04-19 11:27 PM


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  • Euclid
    02-11 02:11 PM

    My OPT was approved and I received the approval notice. But the card itself
    has been lost in mail. I have applied for a replacement card.

    I am aware of something called the "I-9 receipt rule" wherein the receipt for
    the replacement of a lost document can be used in place of the document itself
    for a period of 90 days.

    Does this apply to my case? In other words, can I use the receipt of the replacement
    request to work for upto 90 days?

    Thanks in advance!

    PS: I am aware that I cannot start working based on the approval notice itself.

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  • srgadi
    07-20 08:02 PM
    Hi All,
    Is having paystubs absolutely essential or will w2's suffice ?

    As far as I know paystubs are not part of the required documents for AOS, tax returns are.


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  • django.stone
    01-25 07:49 PM
    Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

    More... (

    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(

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  • raysaikat
    10-10 11:37 AM
    Thank you very much for all your support.

    Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
    This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
    If I leave without informing him, then what he can do on me ?

    Legally, nothing.


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  • sandy_anand
    01-24 09:38 AM
    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.

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  • cal_dood
    07-20 10:17 AM
    in Mexico and Canada - though there may be a catch - they may not process a B1/B2 to H4. You'll have to find that out. Getting a appointment/emergency appointment in ur home country is the best bet.

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  • NNReddy
    04-01 04:42 PM
    Did you port it thru same employer or a different employer?

    08-04 04:05 PM
    Dude whats the consulting company name? If you want to land your employer in soup send his details to Dept of labor at ""

    hey ,
    Thanks for your response. Actually I dont want to do that as long as my previuos employer doesn't proceed legally against me. But anyways I'll not hesitate to reveal all the details and will definitly mail everything to DOL. I am feeling much better now.

    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?

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