Sunday, June 12, 2011

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  • Starring: Ben Barnes, William

  • meridiani.planum
    07-23 05:41 AM

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.


    my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.

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  • morchu
    04-23 01:06 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.

    morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.

    yes you can file a complaint against the lawyer and his license will be revoked. See

    Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?

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  • pappu
    02-24 11:54 AM
    If we force people to fill profile, they start filling fake details.
    How do we make people update their profiles with real details?

    I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.

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  • GCard_Dream
    06-25 01:00 PM
    I have done this successfully couple of times and don't see any problem with it. It does save money and picture quality is great, if you have the proper setup at home.

    Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?


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  • bkam
    02-14 03:19 AM

    That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.

    As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.

    I believe that everyone who reads this forum should move a bit his/her bottom and send a customized letter using the above template. This is the least everyone of us can do to support the efforts of the volunteers of this forum.

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  • ras
    04-03 11:12 AM
    I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

    It might also help to give a reason as to why you were late in responding.

    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.


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

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  • gondalguru
    07-05 01:25 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.

    I disagree. Who ever is able to file AOS gets associated benefits of EAD/AP/AC21 etc and it never hurts to have these benefits available.

    I agree with your last suggestion. I-485 processing should be according to PD.


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  • chanduv23
    11-19 03:36 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?

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  • mihird
    10-25 01:30 PM
    My I-140 doesn't have any "valid until" date on it...I believe, I-140s are pretty much valid indefinitely as long as they are not revoked by the employer...


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  • Ben Barnes:

  • thomachan72
    03-25 02:20 PM
    It seems to be only on economy? I couldn't find anything on immigration.

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  • BMS1
    11-24 01:57 AM
    It is really irritating to read 'i' & mba not getting capitalized, I'm typed as im, etc. Type slowly and capitalize where needed. You may be in a hurry but you are irritating potential helping people.

    From the statements you have made, the following are clear.

    1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
    2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.

    Is that right?

    For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.

    Try to narrate the story step by step (and type slowly and correctly). Some one will help you.


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  • maco
    08-10 11:41 AM
    Emailed my attorney immediately and he said that as long as the checks do not bounce the application is going to be OK.

    It does not matter to the USCIS if the checks do not have the same address as on the I485.

    thats sigh of relief for me.
    My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
    Not sure why attorneys do this

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  • potatoeater
    05-10 02:14 PM
    I think I ran across this problem myself earlier.

    You are using firefox, aren't you? VFS site does not work with firefox. It works well only with IE. So use IE. Simple.

    Hi all,

    I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.

    When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).

    Did anyone get an appointment successfully ?

    The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.

    Can anyone please help me out and guide me through the process.

    Thanks in advance



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  • Tags: Ben Barnes William

  • gc_chahiye
    02-17 09:41 PM
    U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...

    can you post a link to some website to back up that statement?

    From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
    2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?

    If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.

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  • Desertfox
    08-02 12:54 PM
    I ship documents quite frequently to India, and FedEx is the best. I tried all of them, but others dont even come close to FedEx USA-to-India services.


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  • immigrationvoice1
    01-31 09:36 PM
    Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?

    In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?

    I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.

    Please correct me if I am wrong with the above.

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  • nutakksa
    08-20 07:38 PM
    Did any body received FP notices from TSC recently. Looks like TSC has become slow for TSC direct fillings.

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  • tampacoolie
    06-30 05:24 PM
    Nothing make sense here, since USCIS itself preparing for large volume of I485 cases in July. They infact stopped the premium processing effective from July 2nd. So why they have to go back to stone age dates? Moreover, new fee gets effective from July 29 and if anyone files on/after July 29 do not required to shell out AP and EAD renewal fees during endless I-485 approval. If they get everyone filed before july29, then everyone end up with paying AP and EAD renewal fees for next decade. This would generate lots of positive cash flow for USCIS and immigration attorneys. So they must be generating this panic attack to make sure everyone file July first week or second week.

    What a way to make some quick millions here :confused:

    08-01 04:54 PM
    I hope they look at the post mark date. We can not even trust FedEx now. These things do happen. Its very sad to hear this
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..

    09-10 01:33 AM
    It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.

    Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.

    You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.

    Hope this helps.

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