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  • sanju
    09-09 08:59 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.

    Kindly see the context of the post and please read the post completely before going ballistic –

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word “concurrent”.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





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  • dixie
    11-30 06:19 PM
    I got a discover card in 2004 when I was still a student. maybe they forgot to check my immigration status.
    until 2002 they issued.after that they stopped..





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  • thomachan72
    05-18 12:39 PM
    we should also include professional qualifications aquired in the US and not just MS or PhDs.





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  • sanju
    10-21 10:14 PM
    suresh.emails,

    I said in my earlier post that I will think about it. This is what I have to say.

    There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question – which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don’t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again – which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don’t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?

    The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don’t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn’t it. Life would be so much easier; it would be so much fun.

    But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that’s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us “intelligently” – in multi-dimension.

    Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.

    It’s ok to express in the any forum and if you don’t like a forum, as in this case you don’t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It’s the choice you make. And then you apply single dimension analysis – if you don’t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.

    The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn’t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.







    .



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  • nag2007
    02-08 04:06 PM
    I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.





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  • sanbaj
    07-31 05:30 PM
    Thanks, Sanbaj! Your response does help.
    You are welcome !!



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  • nviren
    04-02 04:28 AM
    Done sending both faxes.





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  • sujan_vatrapu
    11-03 08:48 AM
    I have nothing to say about the dems in particular...........however, you are being extremely short sighted if you want Obama to loose. He is driving this country in the right direction, and you go with any republican who just talks nonsense of tax cut and national security, you may have a green card or even citizenship - and your children will be wishing to go to another country as there are no opportunities here!

    (When I say you and your children, I mean us and our children)

    i disagree with you, i love obama the candidate, but since then he did little to merit his election, so howz health care gonna help ppl who have no job in the first place, stimulus was a colossal failure by any standard, he referred republicans as "enemies", howz that for a "change" in dc? we all know this country needs innovation but therz no significant increase in R&D under his presidency, i love some of his decisions but saying he is taking country in the right direction and there is no republican who can do that is not true,

    he is too left, we need a leader who does not lean left or right



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  • edaltsis
    07-25 01:34 PM
    Take a chill pill. If you have to ever go back to your home country, then think that you spent some quality time outside your country. This is how things should be but not bang your head thinking what happens to your GC.





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  • ronhira
    07-08 12:44 PM
    No. I am not anti-immigrant. I am anti-illegal immigrant.

    Some people die at twenty five and aren't buried until they are seventy five.



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  • Pegasus503
    02-20 06:46 PM
    The damn thing was taken down before I could save it. Did anyone save the file?



    The link just worked for me

    I saved it as a pdf and doc, but the upload keeps failing so here's the text:


    Office of Communications




    Questions & Answers

    February 20, 2008

    FBI NAME CHECK POLICY

    Q. How has USCIS changed its national security reporting and adjudication requirements?

    A. USCIS has not changed its background check policies as those policies related to naturalization applications. Recently, the agency did modify its existing guidance for applications where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. For these types of applications, including applications for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable and the FBI name check request has been pending for more than 180 days. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably.

    Q. Why is this policy being implemented?

    A. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?

    A. Yes. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Lastly, in general these individuals have been in the United States for some time and have previously been subjected to DHS background checks.

    Q. What applications are affected by this policy change?

    A. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q. How many applications for lawful permanent residence are affected by this policy change?

    A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.

    Q. Does this policy change affect naturalization applications?

    A. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),

    Q. How long will it take for USCIS to work through these cases affected by the policy change?

    A. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

    Q. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization backlogs before Congress not to cut corners in the adjudicative process or risk national security in the interest of production? Does this policy comply with the Director’s pledge?

    A. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400), For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings.

    Q. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?

    A. No.

    Q. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?

    A. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.

    Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?

    A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are needed.




    in the time it took me to copy and paste it was already posted above





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  • dummgelauft
    12-08 10:19 AM
    I think, it is a combination of three things.
    1. Laziness
    2. No Accountability
    2. Bad intentions ...as you mentioned

    In my job, I am a software trainer. I teach hundreds of people. I will be accountable (and asked questions) if I delay my work even by one day. There are tight deadlines for everything. (Yes, 5 minute job of renewing EAD will not be 90 days ...it will be 5 minutes only) Even if one customer just soft complains about anything, I will be held accountable and my job will be in jeopardy. There is no such thing in USCIS.

    BTW: I hate when they say 90 days and then exclude the RFE time and the mail accepting time.(They count from the date of receipt and not the date of receiving the mail). On the top of it, the receipt date can be any time they want and not the date of receiving the date. It can become 120 days and when they say "days", it is like one of those commercials which says, " for only 1$ a day ...." instead of saying $365 which they charge for the whole year . subscription.

    Same way instead of saying 3 to 5 months , they say 90 days (so that it does not seem long). they should say , "EAD RENEWAL ONLY TAKES 129600 MINUTES". ..and then in the small print, light gray color at a hidden spot in the bottom, in tons of lines of text, say, "does not include RFE, holidays, Mail transit time, and time before we accept it"

    Can anybody please send me the address of USCIS director ? I want to write a letter to him with a copy to his boss too. Anybody can help me know who his boss is and his address too ?

    You will be barking up the wrong tree or up the same tree a lot of us have already barked up to, by writing to rthe Director of USCIS and his boss.
    Alejandro Mayorkas is the Director od USCIS and I believe his boss would be none other than Ms. Janet Napolitano..

    Poke around IV, there has to contact information for both of these individuals.
    Laziness and Un-accountability are hallmarks of any government organization in any country, so we can discount that. I strongly incline in the direction of "Bad Intentions".

    Afterall these are all clerk level employees who have, what amounts to the future of thousands of people, in their hands. Whenever USICS efficiency/operating procedures are discussed here, I am reminded of what a clerk in my engineering school in India once told me. Mind you, this was NOT a government office where dealinggs of millions of rupees are made. This was a SCHOOL.
    Following is the brief dialoge between the clerk and I:
    Clerk: "Bhai, clerk se hamesha dar ke rehna."

    Me" "Kyon?"

    Clerk:" KUTTA mein ek (one) "K" ( the hindi letter Ka), hota hai aur clerk mei 2, is liya dhyan rakha"

    That dude was so correct.

    Happy hump day.



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  • maine_gc
    08-07 03:38 PM
    My PD is Nov 2004.
    I do not have any dreams of my 485 being cleared this month as my I140 is pending at TSC since April 2007. Just last week we got an RFE and the attroney is working on the response.





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  • lazycis
    12-03 04:39 PM
    I guess Michael Cannon was right after all. He did not promise any improvements regarding name check situation until 2010... Let's hope the court system will continue to put pressure on the USCIS/FBI.



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  • royus77
    07-02 04:06 PM
    Medical Fees: $830( For me ,Wife and Son)
    Attorney Fees: $1350
    Photographs: $45
    USCIS Fee: $1490
    Birth Certificates/Affidavits from India around: $200
    FedEx: $47.92 (overnight - 2 times )

    Total: $3800 ( Approx)

    Asking my father to get Birth Certificate - 2 days off for him and had to travel 100 miles





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  • redgreen
    12-01 01:58 PM
    Will they not update status when they send any FP notice? Even if one misses the letter, one will get an idea whether something happened or not. Or are you saying that they don't even change the status when they send FP notice and if it misses to reach us we never would be knowing at all??
    Can anybody clarify whether they update at the online status system when they send FP notice. Otherwise there is some reason for a mild worry; still don't see any reason for the kind of anxiety people are having for not having FP.



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  • ramudu
    11-01 10:59 AM
    ramus, i dont think local office will issue AP unless its an emergency. I am saying this bcoz i was in the local office today and they made it clear unless its absolute emergency AP will be issued only by NSC. In case of emergecy you need to show a valid proof that someone in your family is seriously sick.





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  • optimystic
    10-24 03:44 PM
    I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?





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  • gcwant
    08-31 06:21 PM
    hi

    i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place

    thanks





    gk_2000
    05-12 03:38 PM
    Let's hope for a speedy death for this abomination ... speedy death means issue over before elections/voting





    gc28262
    03-26 02:45 PM
    We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.

    Can't agree more. This is nothing but harassment. What has drivers license got to do with employment or immigration status ?

    I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:



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