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  • bp333
    10-04 07:10 PM
    Hi Folks,
    I had applied for AOS,EAD and AP for me and my wife on July 2nd.
    I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
    So, can please any one tell me if i can re-apply her case even though i did not get her application back?
    Any information on this will be greatly appreciated.

    Thanks a lot
    gc_dreamer_485

    Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.

    FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.




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  • sumithooda
    01-12 11:58 AM
    gcdreamer05:
    Is there something we can do to avoid this PIMS delay.......

    Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.


    Kiran K02
    Masterji, I will not be able to come on AP as my Passport is in Application Package.

    If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.

    Thanks




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  • stemcell
    02-28 10:36 AM
    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.

    Please ask relevant questions in this forum.
    Asking about taxes,home buying,etc etc just is beyond the purpose of this forum.:confused:




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  • corba
    05-19 03:19 PM
    My PD is

    March 2008. Labor approved on May 08 Eb3-I
    I-140 applied on June 2008
    Got RFE on april 2009
    Replied RFE on this week.



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  • indianabacklog
    10-29 02:58 PM
    Source: NumbersUSA.com

    A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.

    --------------------
    I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.


    Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.

    In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.

    It remains to be seen if they are true to their word.




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  • texasguy
    06-13 10:30 AM
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.



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  • gc_nebraska
    01-11 11:48 AM
    Siddharta ! My wife is a Canadian PR since 2 yrs and we live in the US, Can i apply for Canadian PR through spouse living in the US? Do you recommend any website for applications, is there any process please help.
    Thanks in Advance




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  • hpandey
    06-16 11:20 AM
    Hi
    For most countries you can get your passport renewed by the embassy or consulate in US itself and quite quickly. For e.g in case of Indian embassy you get your new passport within a couple of weeks.

    So find out first if your husband's country lets them renew the passport within US and if yes then apply for it asap.



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  • sanax
    11-30 09:35 PM
    I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!

    Thank you, I appreciate your link.




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  • samswas
    04-20 05:41 PM
    I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Your Case Status: Post Decision Activity

    On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    But i have not received the document yet and wife is leaving on 24 th Apr 2011.
    I would like to know if she can go without and when i get it i can mail the document so she can come back.

    Please help.

    Thanks
    Arun


    She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.

    Here is the link to make an appointment for INFOPASS

    https://infopass.uscis.gov/info_en.php

    Another option is talk to your Congressman.

    Goodluck



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  • eb2_immigrant
    03-03 06:39 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.

    In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.

    If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?

    Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.




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  • JazzByTheBay
    11-20 07:52 PM
    For the record, that did seem to help and can be credited (at least partially) for the reversal of USCIS' stated position during the July '02 visa bulletin fiasco. It also brought IV and our issues a fair amount of publicity.

    It's easy to be an armchair critic... at least IV as an organization does something. :)

    Regardless, if you have any creative suggestions, feel free to post.

    jazz

    It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!



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  • dravid88
    10-17 06:29 AM
    Tax Credits (http://www.extramortgages.com/first-time-buyers Tax Credits)




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  • Rolling_Flood
    09-24 01:14 AM
    lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?


    "Yes" to both questions.



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  • coopheal
    12-28 03:45 PM
    Yes it will be a while before it reaches Jan 03 (my guessestimate about 2 years). I wanted to get some idea on why EB2 got stuck around Jan 03 when it flew past Apr 01 deadline.
    Even if EB3 moves slowly now it would in a year will be in mid 2002 or latter. And then in Mid 2003 in two years. which would cover my priority date. However if it got stuck to some other date (like EB2 in Jan 2003) it would be diffrent story.




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  • BharatPremi
    11-27 05:27 PM
    Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....

    Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...



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  • gg_ny
    02-16 10:06 AM
    Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
    FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
    One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
    Like somebody said, good luck!


    I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?




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  • anu_t
    07-06 05:38 PM
    Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.

    If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o


    Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
    The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).




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  • nixstor
    08-24 05:42 PM
    I mean why the hell are people on this forum asking for Labor substitution. I mean people are still so narrow minded that they want to get it done for themselves and dont want to bring a change in the system.

    How ever they complain about the system which they abuse/intend to abuse




    zCool
    04-19 10:44 PM
    All of us might have gone wailing in streets and still it would have been the same thing..
    What happened last yr? in a word.. Senator Jeff Sessions from Alabama..
    He's bought and paid for by racist anti-immigrant interest groups and no way he was going to be convinced based on merits of the argument!




    greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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