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  • virtual55
    04-26 06:55 PM
    All,

    I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.

    As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.

    Thank you to them and every member who does his or her part in big and small ways.

    best,
    Berkeleybee

    Berkeleybee : I take your acknowledgement, but still think I am contributing very less when compared to what core team is contributing.

    I am working for Freedom to legal immigrants in US.





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  • needhelp!
    11-07 05:07 PM
    bump..





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  • Singer
    10-21 11:10 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • cessua
    11-07 05:41 PM
    Here is where you will be able to find the best consulting companies and all kinds of information about them:

    http://vault.com/

    Saludos y buena suerte!



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  • sac-r-ten
    01-08 10:46 AM
    I understand this is your first post but..This question looks more demanding than a request for suggestion ...

    totally agree on that. i was about to say the same but thought may be some people cannot communicate properly in english and thats y the "demanding" tone.





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  • desi3933
    07-18 03:31 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    1. Yes.
    2. Yes
    3. Yes


    __________________
    Not a legal advice.



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  • ilikekilo
    09-17 04:04 PM
    u pushed it a bit too mcuh,,,but its ok,....not biggy.who knows some people might have been encouraged





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  • goel_ar
    01-10 02:08 PM
    As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
    In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks



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  • anilsal
    12-18 05:27 PM
    I always call them and tell them that I am not. Based on my car records, they send the jury notice each time.

    I do not think there is a need to send a copy of passport.





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  • pd052009
    04-28 04:11 PM
    One of my friends who applied in Jan, got it in 2 weeks. I haven't heard of any delays.



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  • HOPE_GC_SOON
    07-19 04:35 PM
    Thanks Meridiani.

    Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.

    Let's keep fingers crossed..

    Thanks,


    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.





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  • andy_8214
    09-15 08:00 PM
    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"



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  • glus
    11-13 11:22 AM
    Hi,
    I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:

    Dear Mr. XXXXX:

    The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
    The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.

    LMH
    Legal Net
    Visa Office
    Department of State





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  • itsokgc
    08-10 05:14 PM
    I am in the same boat. However, I have issue with my I-140, where there is typo in the Priority Date.

    I have infopass appointment tomorrow. Hope dates will not retrogress behind Feb 2006.



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  • swarnapuri
    06-14 07:05 PM
    That was a very helpful info!





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  • gc_chahiye
    07-13 10:48 AM
    What about ... "Allow 485 apps based on original July bulletin(accept July filers only)"

    yeah. also, allow EAD+AP if I140 is approved, but dont allow 485 filing.



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  • swartzphotography
    June 24th, 2006, 10:47 PM
    it dont just sound like you have dust on your sensor. you do have dust on your sensor. at this point you have 3 options. you can do what nikon and canon recomend and blow the dust out with a blower bulb at wich point your head may explode from the frustration of NOT getting the dust of since it clings to it through static charge. the next and most stress free way to do it is to find a local camera shop that will clean it for you (not all will do this for you however). the service is available here in okc for 85 smakaronies. The should use a stero scope to get down there and get every piece of dust off so that your sensor will be back to the original shape absolutely no dust. or you can be brave and make a small investment on ecipse cleaning solution and cleaning swabbs. the solution is streakless after it dries. also get a special set of cleaning brushes that you can swipe across the sensor without scratching the sensor. as i said the method i recomend is paying the mola to have someone else do it as when i tried to clean my sensor i was so nervouse i just did not trust myself to do a good job.





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  • alterego
    01-03 12:28 AM
    Pending AOS or 485 is a type of legal status. It also allows you to apply for additional work and travel privileges as long as the underlying 485 remains pending. If you choose not to avail yourself of those benefits that that is up to you. You would end up in trouble only if you violate that by then working or travelling (absent the USCIS permission through EAD or AP). As long as you just sit there and especially if you are a derivative beneficiary, there is no problem.
    That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.





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  • go_gc_way
    07-18 07:45 PM
    Hello Atul

    I agree only crying baby gets milk.
    But only lucky applicants get green card :). Its not based on eligibility alone.
    Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.

    I think every year about 30K or more people are coming from India
    on H1B. I think half of them apply for GC. At least 200K Indian nationals
    alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.

    A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.

    What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
    So what to do?

    thanks
    babu


    Why only 5k and why only less contribute ? This time there is a membership drive, all need sincerely try increase membership of the forum.





    ramus
    06-11 07:40 PM
    This is not good statement.
    He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
    We need more members and we can't run away our members with this kind of language.


    Cut this crap of being positive!!!! A fool is a fool!!!





    geesee_99
    12-14 11:36 AM
    Thanks for reply CPUwiz.