Sunday, June 26, 2011

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  • milind70
    06-21 01:06 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

    It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

    1) go outside the country and get a new I 94
    2) file i 539 cost around 195 USD

    I would also suggest to try the local USCIS office where in they could help is some way.

    Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.




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  • drak70
    10-01 11:05 AM
    USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
    =======
    PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
    NATURALIZATION SERVICE SYSTEM OF RECORDS:
    (Name of Attorney or Representative)
    THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
    =======

    Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you

    I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS

    I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS




    ============not a legal advice===========




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  • cooler
    07-07 04:42 PM
    As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

    Would this extra payment through this channel suffice for the purposes of estimated payments?




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  • suny_saini
    08-05 11:46 PM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.



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  • dilipb
    02-13 11:30 AM
    My 485 receipt Date is July 5, 2007. Today i got a mail saying they have sent an RFE on my 485 App. It could be for Original Employment Letter as i sent a copy of the letter.

    FYI my PD is Sep, 2006 EB2 India

    This does mean that they are processing applications since processing date has jumped to 18/19 july 2007. But I think even if you furnish missing information to them, they will say everything is okay, but since currently PD is not current, they will just keep your application ASIDE. and continue processing other applications. They will really give us a GC - I DONT KNOW WHEN....I am seriously thing 2-3-4-5 years!

    SAD.




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  • eblues
    09-05 06:06 PM
    What is the reason your university cited for their position that you might be violating J status?

    It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.

    Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.

    You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)

    On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.

    Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).

    In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.

    Pierluigi



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  • ursosweet
    07-17 05:32 PM
    by god's grace and efforts of IV and other unnamed people WE have prevailed.
    good luk everyone..
    pk




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  • nixstor
    04-08 10:18 AM
    Hi all,

    One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.

    I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.

    Please let me know, if any of you agree with him.

    Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..



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  • shana04
    05-18 05:42 PM
    C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.

    Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.

    Day of first entry not the day of last entry.

    But you have gave me a valid point.

    I am working with an attorney and would let you know the progress. It might be helpful for at least few.




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  • indianabacklog
    08-06 07:09 AM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.
    You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?



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  • Yeldarb
    07-27 11:31 PM
    www.scriptscribbler.com/sof2.php - A team and match picker for online multiplayer games. Designed specifically for Soldier of Fortune 2: Double Helix, but will work with any other game that has teams that play against each other. This helped familiarize me with arrays, multi-dimensional arrays, evals, and several other PHP topics.

    www.barbdwyer.com/flanube.swf - A header created for a web design company. Shows the design side of what I do rather than most of the other stuff here that shows coding. Also see the banner for the same site with the same concept www.barbdwyer.com/flanubebanner.swf




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  • vishage
    09-05 04:41 PM
    She checked my file over 20 minutes and also talked to her supervisor. they thought USCIS maybe lost my application somewhere. right now, I am waiting response from NSC for my application. I really do not know what need to do.

    wish I am the only bad luck one here and good luck to everyone.

    Thanks Divakrr,
    Tried this the lady on the second level said she couldnt find anything on the file yet.gues have to keep waitin



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  • reno_john
    06-11 12:01 PM
    Asked Core Iv A Question And They Deleted The Thread

    --------------------------------------------------------------------------------

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.




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  • sat2010
    03-05 11:23 AM
    Congratulations All , good to know that eb3 to eb2 case is going through.

    what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

    Thanks in Advance .



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  • spec1968
    10-26 02:41 PM
    If i change my status from H1 to F1 until approval of 140 and change status from F1 to H1 will affect my green card process? I heard that once 140 is approved one will get 3 years extension irrespective of status ( i mean on F1 or out of country) . Please clarify




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  • Can2004
    03-02 11:35 PM
    Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.



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  • leoindiano
    09-19 11:16 AM
    Dudes,

    I dont know about what stopped you all from attending. If there is no genuine reason, I really feel sorry for you.

    Rally was huge success, there was 1800 to 2000 people. IV has their names, Indians and chinese are the ones who are effected more, thats why we have more from those nations at rally.

    The only disoppintment was number, expected 10000 and got only 2000. Otherwise, enthusiasm and the response was really great.




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  • Mr. Brown
    09-30 05:53 PM
    ... there are always idiots in any group.




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  • DSLStart
    10-01 09:31 AM
    There is no RFE for expired FP, they would only send a FP notice if they are awake.

    But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.




    sbabunle
    08-23 06:19 PM
    I tried to educate some of the university students( MS) about our issue. They dont
    even care! Its seems like, they think, somebody else will take care of this




    gccube
    04-23 11:44 PM
    Please see my signature for details. Good luck to all of you.



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