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Written By muthmmuuuaaanniish on Friday, June 10, 2011 | 6:16 AM

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  • hate_me
    03-17 01:39 PM
    I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.


    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.





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  • sujijag
    08-27 05:50 PM
    We got 2 year EAD too, with 140 pending for more than an year :(

    I don't see any USCIS link pointing what Murthy & Co says. Probably its her own assumption.





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  • sertasheep
    04-03 06:01 PM
    Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")

    While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
    The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.

    The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:

    Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.

    Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.

    The only situation wherein you don't need to go out of the country is:
    X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.

    Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.

    To keep it simple: avoid going out of the country until you get your H1 approval.

    Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.

    See the following link:
    http://tinyurl.com/h8doe





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  • laksmi
    12-12 06:29 PM
    she can go out of country but she can not return to usa, until unless she have valid visa or AP.



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  • kaisersose
    07-17 10:22 AM
    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007

    You can answer this question for yourself if you read . The quick answer is, it does not mean anything. The system is totally random and trying to discern a pattern out of their actions is a futile exercise.





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  • FredG
    January 31st, 2005, 07:05 AM
    Not sure I'd crop solitary much ... the more empty space there is around him, the more it reinforces the illusion that he is in fact alone.



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  • snvlgopal
    06-26 05:49 AM
    I am in the same boat, yesterday talked to the Attorney Murthy, she said there is no need of H4 approval document/extension if they go out of country. If Stamping is needed your extension of H1 Should be approved





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  • h1techSlave
    03-17 01:03 PM
    With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.

    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.



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  • crystal
    10-06 01:03 PM
    --
    c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?

    >>You need to fill new I-9 form

    If any one has info, please share.





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  • Anders �stberg
    March 6th, 2004, 09:03 AM
    Didnt see the edits. The first image you took is the best

    I tend to agree, the first B&W one is the best in terms of composition. The new ones are not as "calm" somehow. I thought getting the railing to go all the way to the top corner would be better, but actually I think it is distracting. Interesting, maybe I learned something here. :p

    B1 Visa - Suggestions [Archive] - Immigration Voice

    View Full Version : B1 Visa - Suggestions




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  • gcwait2007
    12-08 07:18 PM
    USCIS Ombudsman resolves general issues like delay in NSC for I-140 approvals.

    I found the following in DHS website:

    CIS Ombudsman - Send Your Recommendations

    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.


    I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.

    Thanks





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  • shreekhand
    08-05 10:29 AM
    True. I had the same question at a one point but got a verbal reply from CBP that since the I-94 has the same number with a new expiry date (the one given on the I-797), you are safe in the records.

    Frankly, I never understodd why they can't put the valid until on the I-797's I-94. If you are asked to show your proof of legal stay, you would also need to carry your I-797 everytime now !

    Thanks for the reply.

    The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.



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  • kk_123
    09-25 03:07 PM
    hi,

    my brother is also seeing the same status for his case. he too really getting confused.
    if you get your GC , pls update it.so it will help others too.





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  • jingi1234
    08-19 05:58 PM
    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?

    Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...

    Don't know what triggered USCIS for these RFEs..



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  • shana04
    05-18 05:43 PM
    http://chugh.com/

    Thank you very much for your response.





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  • SSNN
    04-16 03:17 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?



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  • ksrk
    02-13 04:36 AM
    Dilip,
    In all your comments, you said nothing of your PD or EB category or your country of birth for that matter. It is difficult for anyone to quell your anxiety without that information. Check with your (or any) immigration attorney for a more substantial answer.

    The bottom line is that a visa number should be available when it comes time to adjudicate your case, meaning that your PD should be current at the time the officer picks up your case AND a visa number available for him/her to assign to you (and your dependents, if you have any).

    Else, the I-485 processing date means nothing, as has been stated by other members earlier. Yes, retrogression sucks!





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  • GC20??
    08-20 09:51 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?
    Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.

    Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?

    "Post Decision Activity

    On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."





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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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    12-15 09:43 AM
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    logiclife
    06-30 06:11 PM
    Do not start new thread to respond back or add to what gc_hoga_re has said. His post was offensive to members and detrimental to the organization.

    That thread is now closed and gc_hoga_re has been banned.

    To those who dont like censorship and moderation of forums:

    Immigration Voice neither promises nor practices "Free speech" and "First amendment rights" claimed by members who dont like moderation and censorship.

    We are an organization for Greencard backlogs advocacy, not civil rights like First amendment rights and free speech. In order to worship civil rights like free speech and first amendment rights, please join the ACLU (www.aclu.org).

    Also, Immigration Voice is in its full rights to censor its own site as the site is owned by organization and it is not a public property. Your first amendment rights to "Say whatever you feel like" are guaranteed by the constitution to protect you from congress passing laws that can take away those rights. The constitutional rights dont guarantee you the right to say whatever you want on other citizen's/organization's property/website/domain. So please do not come back to preach the US constitution to the core group. There are thousands of blogs, sites and discussion forums that practice much higher level of censorship. The only way to guarantee the retention of online material is to start your own website and we encourage members who find Immigration Voice as a "Restrictive" or "Non Democratic" website to do that.

    Immigration Voice will ban users, ban posts, delete posts, close threads and remove material that is detrimental to the organization.

    Also, gc_hoga_re has been banned for posting offensive material.



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