Saturday, July 16, 2011

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  • cableman
    06-12 03:37 PM
    Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.

    My old company used Fragomen' NJ office. I found them very professional.

    Iselin, New Jersey
    99 Wood Avenue South, 10th Floor
    Iselin, NJ 08830-2715
    USA
    Telephone: +1 732 906 1230
    Facsimile: +1 732 906 9190
    Email: Iselininfo@fragomen.com





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  • nhfirefighter13
    June 20th, 2004, 10:18 AM
    I need to hand in three photos for my final this week.

    These are them. Let me have it. :)





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  • smccrea
    03-01 03:04 PM
    Is an employee who resigns entitled to relocation expenses like the employee who is laid off?





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  • nashorn
    08-12 03:55 AM
    Nothing. Figured application has to be transfered from NSC to TSC. That is going to take more time.



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  • ach1lles
    06-22 04:58 PM
    Hi,

    I have been working for company X on an H1-B.

    * They filed for an EB-3 Labor Certification (RIR) and I-140 with a priority date of April 2003 on my behalf.

    * My H1-B expired in March 2006 and they filed for a 3-year extension, which was approved (till March 2009).

    * In the meantime, both my Labor and I-140 were approved. I had been waiting to apply for my I-485 since then.

    * Now, I'm switching employers (because of a RIF in company X) to company Y, who were working on making me an offer.

    * However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).

    Could somebody advise me if this is really true?

    -- Vikram





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  • sendmailtojk
    11-11 03:54 PM
    I was recently approved for an employment based GC. Along with me, my wife and < 21 daughter got too. My EB2 labor was applied in Apr 2003 when my son had just crossed 21 years of age (March 1).

    When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.

    Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....

    Is my attorney's opinion correct? If not, what can I do now?

    Cheers



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  • rajasush7174
    10-13 04:26 PM
    hi..i too would like to join in.. i stay in souderton, pa.. please let me know the details.. thanks a ton..





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  • smuggymba
    09-27 03:39 PM
    I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.

    I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.

    Many thanks!

    you abandon your app if you leave the country AFAIK.



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  • vsoni
    05-10 05:41 AM
    I received this email. What is ADIT?

    On May 9, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice





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  • MatsP
    July 4th, 2006, 01:19 PM
    Welcome to Dphoto, 12bar.

    Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...

    Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).

    Guitarrs tend to not work at all for me... :-(

    But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)

    --
    Mats



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  • kirupa
    05-16 02:30 PM
    You could try to draw the C manually or use a pixel font that is better suited for the blocky look ;)





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  • Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

    Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

    BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

    Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

    Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).

    Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
    U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
    Attn: PWD Request:
    1341 G Street, NW
    Suite 201
    Washington, DC 20005-3142

    In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.





    More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)



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  • eb3_nepa
    03-21 05:31 PM
    Yeah was a real eye opener, this one. Makes u wonder sometimes, whether we are really welcome in this country or not. More importantly, will we ever be REALLY accepted as part of the "American culture". These organizations are open about their "feelings" toward immigrants. There are a Whole lot more people who may not be so open about their thoughts, but still have them nonetheless.

    But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)





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  • glus
    03-31 03:51 PM
    Hi Guys,
    As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.

    NO, this is not a joke.
    Regards,
    Glus



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  • smisachu
    05-06 10:42 PM
    HA!! I told you so:D


    http://immigrationvoice.org/forum/forum107-interesting-topics/238423-commodity-trading-pls-share-your-experiences-3.html#post585465





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  • muhamm5
    02-05 10:54 PM
    I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
    Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
    By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
    . help will be appreciated



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  • Blog Feeds
    02-08 09:10 AM
    A rather alarming report, detailed in the Los Angeles Times (http://immigrationvoice.org/www.latimes.com/news/local/la-me-customs-audit-20101228,0,2191445.story), shows that new travel restrictions requiring passports for American citizens to reenter the country are not being enforced.

    These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:

    Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.

    Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.

    Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.

    The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.

    The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.

    Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)





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  • mohican
    05-16 11:07 AM
    As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.

    If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?

    If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?

    Thoughts/Comments--from AC21 league members.

    Thanks
    Mohican





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  • Didiusthegreat
    09-25 01:31 PM
    I've been sending it throug!

    Hope you'ved recieved it





    shankash
    06-14 06:44 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.





    SH2009
    06-10 09:04 PM
    Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
    New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.

    I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.

    One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.

    Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?

    The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?



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  • vdlrao
    11-19 03:50 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?


    Please advice!


    I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.


    PS: I am not a lawyer. This is just my openion.





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  • gultie2k
    07-02 08:48 PM
    Thanks! Will I be out of status immediately? How much time do I have to leave the country?





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  • immi2006
    11-27 11:08 PM
    Folks,

    My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.





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  • canmt
    10-31 08:18 AM
    You can apply for your EAD renewal 4 months in advance. If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal. You will get your Interim EAD in day(s). My personal opinion would be not to spend too much $ for EAD renewal as it is simple online application and you have instructions on the USCIS website.

    I hope this helps and good luck on your green card pursuit...



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  • conchshell
    07-30 12:39 PM
    I know that in these situations patience is virtue, but somehow in last couple of weeks my stress level is going really high. I am heavily suffering from COLTS, and these type of events just freak me out!!





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  • piyu7444
    04-28 03:32 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

    I m joining new company by changing H1.
    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter

    Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.

    There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)

    It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.

    You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.

    I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.

    Hope this helps...........



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  • birdwing
    10-10 11:55 PM
    ummm... the entries list link you have here goes to "the orange contest" entries list





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  • rbalaji5
    02-10 01:19 AM
    Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.



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  • richshi
    01-07 09:17 AM
    How stupid and insenstive the administrator has behaved by initially denying the prize to the Lin's baby. Was $25,000 prize worth the criticism from the Chinese community which will result in bad image and probably rascism label to Toys R Us? If this story gets published in Chinese newspaper on mainland, look how this will affect their sales there. Nowdays, who can risk losing China market?

    It is not fair to call the resignation of the administrator of this event because of the poor judgement he excercised... but an internal reprimand is certainly appropriate.





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  • vdlrao
    01-21 03:20 PM
    Person traveling with AP does not require Transit Visa if u dont plan to go outside of Frankfurt airport for what so reason.I had traveled via Frankfurt on 01/07/09.

    Please do check with German consulate.

    Thank you KKTexas



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  • ss1026
    06-14 05:09 PM
    The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

    But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

    Offcourse there is another thing that comes in to play and that is the per country quota :eek:

    EB-3 India Feb-2005
    Waiting to apply I-485





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  • srikondoji
    07-02 03:07 PM
    One question that comes to my mind regarding contributing for the lawsuit is...

    Should i contribute to IV or to my lawyers firm. I believe both ways the funds are going to end up with AILF. Or shud i do part contribution to both these orgs?
    I need some answers.
    The only way out for me is to contribute and nowhere else to go.
    CIR is shut and July has turned back on me.

    The only window i can see is through IV now. The sooner we all realize the better for us.



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  • morchu
    05-04 04:52 PM
    Try some reading regarding "Administrative Decisions" from USCIS website (link below).

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    If you can find a similar case, you know what to prove.

    One question, was your I140 also got denied? Or is it just I485 alone got denied?

    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.





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  • NKR
    03-06 04:21 PM
    Guys:
    Everyone is talking EB2....what are the prospects for EB3 - India??

    Is it going to move forward..??

    Good Luck..??
    2002

    Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.

    As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.



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  • desi3933
    08-13 11:55 AM
    If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

    Incorrect.

    Please refer to this link -- Renunciation of U.S. Citizenship (http://travel.state.gov/law/citizenship/citizenship_776.html)

    another link Loss of nationality by native-born or naturalized citizen (http://www.law.cornell.edu/uscode/8/1481.html)





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  • cox
    February 5th, 2008, 12:21 AM
    ...[look for big scratches, scrapes and worn off paint on the corners], it should be fine to buy a used one...

    Hey, I didn't know you've seen my cameras, Mats! ;) GEEVER, Mats advice is right on. Both Canon and Nikon have excellent reliability, and there are only a couple of moving parts on a digital SLR. If it takes a picture when you look at it, it will probably be just fine.

    In both Canon and Nikon, you have a fine selection of great lenses for the future. If you buy an old camera body now, like a Canon 300D, D60, 10D, etc. or the Nikon equivalents, you can spend more money on good lenses, and then upgrade camera bodies later. You don't get your money back reselling these cameras (though you save a lot compared to developing film!), and the older 6 mega-pixel cameras are just fine for printing 8x10s for your wall. It's not a bad strategy to get "into photography" if you're on a budget.



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  • GCard_Dream
    03-06 04:38 PM
    Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)

    After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.

    It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D

    so now people give red dots just for asking a question about EB3...where is ACLU:D





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  • mymyanmar@gmail.com
    08-11 01:31 PM
    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy





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  • greenleaf81
    11-04 03:26 PM
    Thank you guys for responding to my situation.
    My client could not issue a letter but the Vendor issued a letter saying I am working at the client. Also we have attached some emails from the client Manager. And thankfully they were able to send the documents on Monday.


    ajp5: I do believe that I have switch the employer now, because I cannot risk to wait for the USCIS to process the RFE and run out of time. I will talk to the vendor about the transfer. Yes the last few days have been a hell for me, suitable for a thrilling movie.

    wandmaker, meridiani.planum: Thanks for the advice, I am in the process of finding another employer, hopefully more trustworthy this time. When I do find a new consultant I will do PP.

    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.





    coolest_me
    05-07 01:19 AM
    I already received the RFE , This is what it says :

    "On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination. all records are to be confirmed with documentation. The applicant cannot assert immunization without documentation and the physician subsequently document the lack of documentation requesting a waiver of immunization requirements. some immunization can be waived with just cause. A lack of documentation does not meet waiver requirement"

    In I693 supplement form Doctor put Check on "Fully immune" column for Td, MMR and Varicella and also put the dates on when I received the vaccinations.

    is there any other vaccination that is required ?

    My wife also get the similar RFE , a little different language though

    "On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination."





    ragz4u
    05-31 09:50 AM
    My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

    I believe their doucmented were in order otherwise. So it is tough to take things for granted.

    I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!

    But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.