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  • xlr8r
    09-28 10:48 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.


    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???





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  • panduputhran
    07-27 03:50 PM
    I see 2 sets of people in this forum. One who has recent priority date (2005-2007) and they want to process I-485 by receipt date and another set who has much older PD, they want I-485s processed by priority date.

    Guys, this is awkward.. There is no point in keep fighting and speculating..we will wait and see





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  • PD_Dec2002
    07-10 12:15 PM
    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."


    Corrections.

    1. RK is no longer a member of AILA.

    2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".

    On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.

    Thanks,
    Jayant





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  • roseball
    02-11 05:32 PM
    Hi everyone,

    Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.

    My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.

    Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.



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  • gc??
    12-09 08:42 AM
    Dream passed the house.
    Upto the Senate now........





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  • jigsaw
    02-19 08:30 PM
    Hello
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance



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  • ruchigup
    08-22 03:08 PM
    I changed address on pending I-485 and I-765(EAD) on 8/20 and 8/20 evening I received Card production order email for EAD. When I called the 800 number to make sure they have the correct address they said they don't have access to personal information. Upon asking to connect to second level CSR/IO they said they can't forward my call there. They asked me to take InfoPass for this.





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  • tabletpc
    08-23 02:59 PM
    But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.

    I am presuming many r in a situation where they ahve i-140 pending and 485 filed.



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  • actionAction
    07-07 03:33 PM
    Sorry, I was thinking C++. I will post back with more thoughts





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  • uma001
    12-19 09:59 AM
    Hi,

    My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:

    1. To apply for the SSN she would need the original I-797 and the I-94, correct?
    2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
    3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?

    Thanks in advance.

    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?



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  • gcbikari
    07-14 02:37 PM
    I would say avoid London totally unless you have to collect any euro lottery money enroute to India. Just kidding. Why travel thru the counties that have so many restrictions?
    If you are travelling via London and there is no valid visa on your passport then you need DATV ( Direct airside transit visa ) , it will cost you 83 USD , you can get more info from the below URL.

    Transit (INF 20) (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf20transit)

    https://www.visainfoservices.com/Pages/Welcome.aspx





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  • rockstart
    09-12 09:25 AM
    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html



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  • pandeyrj
    01-02 01:13 PM
    I am on 4th yr of L1+H1 & planning to work on EAD for another employer on AC21. I want to know if can switch from EAD to H1 if any issue comes in 485.

    Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?

    Please reply.

    Thanks.





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  • va_dude
    05-04 11:08 AM
    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.



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  • techysingh
    01-15 10:17 AM
    You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.

    Here is my story. I am writing it for the benefit of all IV people in similar situation.

    I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.

    Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.

    I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008

    Now this scenario had a few gochas in it

    If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.

    In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.

    This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.

    Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
    All the best





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  • mhtanim
    02-12 11:20 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.

    Yes, you are allowed to take lifetime learning credit. It has nothing to do with your visa status.

    It should not have any effects on your greencard process.



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  • gotgc?
    02-20 01:47 PM
    I have the same issue...my original DOB is different from whats in all my offical documents....local muncipality in India had my birth certficate with original DOB...I said we dont have birth certificate at all...so, they issued me certificate of non-availability....this should be easy to get....

    if you submit the original one with different DOB than whats in the passport, it will screw up the whole thing.....





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  • forever
    08-03 10:24 PM
    Any link?
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf





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  • summerof98
    10-24 01:38 PM
    Under what circumstances can a Service Request be made?





    pappu
    12-13 01:05 PM
    After giving the call for the meeting only one member responded and met me. If there is no active interest by members how can we all get things done. We need every member to participate in the effort. Together we can do it!!





    sagar_nyc
    05-08 11:43 AM
    Could you please elaborate what exactly happened? Did it happen at your client's place or consulting company?

    I know cos it happened at my workplace

    -cheers
    kris