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  • GCcomesoon
    09-26 12:44 PM
    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    Hi

    I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?

    Let everyone know

    Thanks
    GCcomesoon





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  • das0
    06-22 02:09 AM
    any thoughts?





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  • gomirage
    05-29 01:56 PM
    Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.

    lol, please read what is written before jumping on your keyboard. I never said all jobs qualify for that. I specifically said he needs to check the requirements as not all jobs qualify.



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  • lostinbeta
    10-02 12:52 PM
    That is great eilsoe! You have much talent with Photoshop=)





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  • hoosier07
    07-18 02:59 PM
    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!



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  • dhirajs98
    08-18 01:47 PM
    Need help ....

    Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says

    "On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."

    What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.





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  • Lisap
    08-27 05:27 PM
    Hello all,

    My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.



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  • pappu
    03-27 12:08 PM
    IV can contact this organization since they have contact with media and have done research on immigration

    http://www.epic.org/epic/board/burnham/

    http://trac.syr.edu/tracdhs/index.html





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  • thomachan72
    05-19 02:12 PM
    Most of us might not be working for contractors / body shoppers like this but it is definitely for our own good to investigate these incidents in detail. We have to somehow find out the grounds on which these individuals were deported.
    If these are the result of FEAR or "imagining" that their entry will result in US job losses then it is "utter ludicrous and idiotic". In fact the opposite is true. The pseudorecovery that we are seeing now is not genuine. The basic thing that has to happen is reduction of wages and increased availability of qualified people here.
    Again we have a saying in "malu", "There is no point in chanting vedas into the ear of a buffalo that is taken to be slaughtered". If only they realize that admitting more qualified people will stabilize the wages and prevent offshoring.
    I am upset not at these deportation but at the "idiotic" thought behind them; "keep them out and we can have more jobs and better pay"



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  • gcformeornot
    10-12 02:16 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....





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  • lonedesi
    01-15 04:54 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

    You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.



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  • gsc999
    09-05 06:13 PM
    Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.

    Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.

    As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.

    Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.

    So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.





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  • RNGC
    04-26 08:42 AM
    Thanks...This is very helpful!....Feeling a lot better now!



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  • Ramba
    06-18 06:15 PM
    485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.

    Here is the list I sent long time back.

    I-485 form
    Attachements:

    1. 140 approval notice
    2. Offer letter.
    3. Fee
    These three are very important.
    3. 4 biographic pages
    4.Medical cover.
    5. Latest I-94
    6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
    7. Bio-graphic and visa pages of old and new passport.
    8. Birht certificate.


    Dependent and Child.

    All the 3 to 8.
    1.I-134 (sponsership)
    2. Bank statemnet (no tax or w2 forms, not needed)
    3. Marrage certificate.

    Thats all.

    got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.





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  • immi_2006
    02-13 10:35 AM
    My 485 receipt Date is July 5, 2007. Today i got a mail saying they have sent an RFE on my 485 App. It could be for Original Employment Letter as i sent a copy of the letter.

    FYI my PD is Sep, 2006 EB2 India



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  • krishna_brc
    12-12 04:39 PM
    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .

    I left US while under AOS with an expired I-94 and came back with out any problems.





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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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  • WaitingForMyGC
    09-26 11:16 AM
    Congratulations..would you change ur IV handle now to GC_ROCKS or something :-)





    stucklabor
    03-22 04:01 PM
    All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.

    Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.

    Sec 202(a)(3):
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    Our analysis:
    This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.

    Sec 202(a)(5):
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Our analysis:
    Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.





    aubGC
    02-06 09:01 AM
    All EAD renewals for the applicants whose I 485 was filed before August 17, 2007 have to pay $340 as renewal fee.. No exception.. no consfusion.

    If you dont send check and pay incorrect fee, more delay or chances of rejection...Hope it helps..



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