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  • needhelp!
    03-09 01:59 PM
    Some of you have been receiving the USCIS response about your FOIA request.

    Please use the following template to compose your response (you may email it to the address provided)


    ______________________________________

    Email: uscis.foia@dhs.gov
    Fax: (816) 350-5785

    U.S. Citizenship and Immigration Services
    National Records Center, FOIA/PA Office
    P. O. Box 648010
    Lee�s Summit, MO 64064-8010


    Dear FOIA officer,

    Thank you for responding to my FOIA request NRCXXXXXXX dated mm/dd/yyyy. I would like to know more information about the following.

    (1) Can NRC extract data based on the country of birth or Nationality given that Country of Chargeability is not captured until the end of the adjudication process?

    (2) I would like to know how long will NRC take to provide a response once I pay the fee. I am not looking for an exact number of days. How ever, an estimate of how long it will take to provide the information sought would be very helpful.

    You asked me to define the priority date.

    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied. For cases without an underlying labor certification, Priority Date is the date on which the I-140 petition was applied for. Priority date is NOT the date USCIS has received the AOS/I-485 application. For example, An applicant with a priority date of 12/10/2001 might have filed the AOS/485 on 07/19/2007 and another applicant with a prioirty date of 04/23/2004 might have filed the AOS/485 on 07/30/2005. INA act prescribes that the priority date be used in granting permanent residency to AOS applicants. I am looking for information on pending AOS/485 applications sorted by the priority date of the applications for every quarter of the USCIS/DHS fiscal year starting from year 2001 for the requested 14 categories for primary applicants, spouses and children.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX





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  • rahul2699
    05-16 08:22 AM
    May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.

    There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.





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  • garry_kay
    06-20 11:52 AM
    Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.

    1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?

    2)the Online Status Still Shows "in Process"

    Gurus, Please Help Me

    Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?





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  • tnite
    08-09 10:45 PM
    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

    The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.



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  • eb3_nepa
    10-03 01:44 PM
    If you did not know about this, then whomever was advising you did you a disservice.

    I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.





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  • needhelp!
    03-09 03:12 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79

    (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
    22 CFR, Part 42, Sec 42.53
    Sec. 42. 53 Priority date of individual applicants.
    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.

    [WIKIfication needed]



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  • Administrator2
    09-15 05:21 PM
    Last time CIR had sweet deal for Illegals ..
    Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

    For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.

    What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.

    IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.





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  • roseball
    06-29 03:26 PM
    As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...

    06/29/2007: Today Will be the Last Date for I-140 PPS Filing

    USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.



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  • smisachu
    11-06 09:38 AM
    Any one knows which Airline is good (Cost & Service) from Newark to Bangalore? I have flown AI with stop over in Bom, but would prefer something direct to Bangalore.

    Thanks





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  • gg_ny
    07-31 04:24 PM
    H status is lost if one uses any of the 2 benefits under immigration process - AP and EAD. It is not possible to work on EAD and still be H4 or H1. but if you have H4 valid papers(approval), then you can live here as H4 but when you travel you have a choice between stamping or AP. Once you start using your EAD, you lose your H1/ H4 status immediately (have to file new I9 and specify how you could work) even if you have years left on that visa. I have been so advised by our lawyer and my wife has not even made an appointment in India later this year (she wants to use EAD at somepoint and travel with AP thus gaining parolee / pending AOS tag ) while I am gonna do it (try maintain my H1 if let to do so by the consular).



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  • americandesi
    08-11 06:32 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.

    On rare occasions, USCIS revokes previously approved GC’s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.





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  • swamy
    12-24 10:46 AM
    Hi

    Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD

    Nope - it does not legally bind you though it hurts your credibility.



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  • Hermione
    09-25 12:52 PM
    EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.





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  • Oct007
    11-02 12:54 PM
    There are no plans for extended vacation.

    I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .

    I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?



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  • glus
    05-31 12:52 PM
    Thank you to everyone who contributed. Guys, Junior members have contributed, you have to do it too......please do it.

    J





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  • dan19
    09-11 04:14 PM
    What to advertise??

    ....Employer says, he did not hear anything from them to start advertising.



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  • ss_col
    07-17 04:27 PM
    I am pretty sure these are people have come here to disrupt the forum or else who does not know about Sheila Murthy. It is just my observation that earlier all the questions were related to genuine issues and were answered as best as members knew. Recently a lot of people have joined in who have brought in negative energy, are abusive, are doubting IV, trying to create doubts in others minds, come to have fun or joke around, trying to prove that IV is a free for all forum and they can say what they want to say. All this was never there earlier. I think administrators should look into the same. IV is there to answer immigration problems and issues. People blame lawyers for not updating their websites or not informing clients unless an official news has come out but when IV came out with announcements before the news is official - all the new comers have done is mud slinging IV.

    Be thankful there is a IV.





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  • sanju_dba
    08-30 12:39 PM
    I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)

    This is an excerpt of Section 201.
    Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
    in the United States from the annual green card (i.e. immigrant visa) cap.
    Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!





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  • satyasaich
    09-05 11:48 AM
    For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
    Well, there is a slightly increased chance in case of Dems control the houses

    I would like to discuss two issues

    1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

    2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

    It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?





    Milind123
    07-26 10:29 AM
    ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.





    singhsa3
    07-11 10:34 PM
    Hi Guys,
    Based on some recommendations, I have put together the enclosed pamplet.
    I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.

    http://www.geocities.com/singhsa3/Ghandhigiri.doc

    Take a look at it and make suggestions



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