
Ramba
03-28 10:49 AM
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.
Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.
Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.
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shana04
08-05 03:12 AM
Which number is used to call FBI?
Please post FBI calling details here..
FBI direct number
304-625-5590
press 2
press 5
press 3
Customer Service agents answers the phone and would ask for your
A # and SSN, Give her A# and SSN.
She would confirm with Last and First Name and address.
, this only tells your FP check is cleared or not
CS lady told that FP notice have been sent to Immigration dept and today when I check my mail I got the FP notice.
I have even asked about name check and she said she does not have any info on that.
Then I asked her about my wife case. She took info and checked about her case too.
Hope this info helps you.
Good luck
Please post FBI calling details here..
FBI direct number
304-625-5590
press 2
press 5
press 3
Customer Service agents answers the phone and would ask for your
A # and SSN, Give her A# and SSN.
She would confirm with Last and First Name and address.
, this only tells your FP check is cleared or not
CS lady told that FP notice have been sent to Immigration dept and today when I check my mail I got the FP notice.
I have even asked about name check and she said she does not have any info on that.
Then I asked her about my wife case. She took info and checked about her case too.
Hope this info helps you.
Good luck

sandy_anand
10-09 04:25 PM
yup, no movement at all! Gotta wait till Jan for some movement. :mad:
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abdulazeez77
08-14 07:13 PM
Should I send my orginal I-797 with her or just the copy?
more...
sertasheep
03-07 06:02 PM
The featured attorney for the next conference call is Ms. Susan Henner. Susan Henner is a solo practitioner specializing in immigration law in Manhattan and White Plains, New York. She has been named as one of Westchester County, New York's "Forty Under Forty" Rising Stars by the Business Council of Westchester.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
maverick_joe
11-16 01:03 PM
same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.
more...
prem_goel
08-18 07:31 PM
most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.
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GC_1000Watt
01-08 03:39 AM
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
Thanks man. And let me know how do I change the subject title? I don't see an option.
P.S: fix the subject, it is too generic...
Thanks man. And let me know how do I change the subject title? I don't see an option.
more...
shana04
07-31 12:40 PM
Gurus,
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
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gotgc?
11-19 12:42 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
more...
maco
09-24 03:50 PM
I have bad credit will that effect my Green card?
though i am paying them off it still shows on my credit report
though i am paying them off it still shows on my credit report
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gc0402
07-17 11:19 AM
A# is either someting that you get by the following ways:
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
Thank you for the clarifications. One more doubt:
G-325A has got got file no. which starts with A and Alien Registration no in the bottom. Should we have to fill A# against file no. in top with our A# got with I-140 approval?
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
Thank you for the clarifications. One more doubt:
G-325A has got got file no. which starts with A and Alien Registration no in the bottom. Should we have to fill A# against file no. in top with our A# got with I-140 approval?
more...
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snathan
04-16 01:30 PM
If you have valid H1 then you are not out of status.
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wandmaker
11-19 09:10 AM
gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee
more...
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paskal
10-23 03:39 AM
here is your chance to put some faces to names ... or nick names/user id's
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
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RamK
09-24 02:09 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
more...
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saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
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gcgcgcgc
10-26 05:44 PM
I was surprised to see my AP in hand
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
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vjmjaan
08-29 12:29 AM
Guys,
http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.
So dont worry, your case will be appropriately transferred to the correct service center.
Let us concentrate more on the DC rally.
http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.
So dont worry, your case will be appropriately transferred to the correct service center.
Let us concentrate more on the DC rally.
needGCcool
08-08 06:56 PM
I also have receipt numbers beginning with WAC and filed in NSC. I was able to open a SR last month for self and spouse. During my infopass apt, the IO suggested that I could also open a SR by calling USCIS if I believe my case is not being processed within their window.
hersheygaile
09-10 03:34 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
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