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  • dealsnet
    04-13 09:14 PM
    Citizenship of child do not consider for cross chargiability. Only the birth place of spouse will taken into consideration, if you file with details shown in the petition.

    Child can be charged to either parent's country's quota, reverse is not allowed.
    http://www.hooyou.com/news/news050807cross.html


    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks




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  • WaitingForMyGC
    04-30 10:40 AM
    You are there for a long wait..mine was filed in dec and still pending.




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  • logiclife
    10-15 02:12 PM
    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.

    But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

    It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.




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  • desi3933
    03-01 10:38 PM
    Hi,

    I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.

    RFE is

    All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.

    I came to US on 2006 feb, the attorney is submitting my W2s on Monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.

    As my 2006 W2 is not good , does it effect my H1B transfer.

    Please let me know your thoughts.

    Thanks

    When was your last entry into the US on H1-B visa? You need to prove that you are maintaining status since last entry only.


    ____________________
    Not a legal advice
    US citizen of Indian origin



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  • inskrish
    07-16 05:27 PM
    Hi,

    Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.




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  • rajbgp2002
    07-19 04:08 PM
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



    Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
    The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
    In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
    The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
    o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
    o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
    This process is not available for applications closed on grounds unrelated to nonreceipt
    of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
    What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
    Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
    1.
    E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
    2.
    The subject line of the e-mail should read �Request to Reopen�.
    3.
    Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
    4.
    The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:

    Name of employer and correct current address.

    Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.

    Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).

    Name of the alien named on the application.
    The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
    o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
    o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
    o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
    What can I expect in response to my request to reopen?
    Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
    of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
    Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
    How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
    The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
    If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
    May I contact the BECs by regular mail instead of email?
    No, the request to re-open a case must come into the centers electronically.
    Who may make the request to re-open a case if we believe it was improperly closed?
    Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
    Do I have to submit my request to re-open a case within a certain time period?
    Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
    To whom will responses be sent?
    The email responses will only be sent to the employer or attorney who initiated the request.
    What do I do if I have not received a �45-day� letter by July 21, 2006?
    If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
    A. Attorney name and address
    B. Employer�s name and address
    C. Alien�s name and address
    D. Priority Date
    E. State or Regional location and/or number where case was originally filed
    OFLC will publish its policy regarding such cases under separate cover.



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  • zCool
    05-21 03:06 PM
    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?

    You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
    If you've made decision to work for your current employer on Permanant basis then that would be it..
    It's not good or bad.. just keep it simple




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  • Berkeleybee
    03-27 05:49 PM
    Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).

    vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.

    Jnayar,

    It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2

    best,
    Berkeleybee



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  • madsat1234
    06-01 01:04 PM
    Received Appointment Letter today..

    Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation

    I am the primary Applicant, PD Jul 2003, EB3

    There are no visa numbers available for this category. Why Interview call..

    Even if they selected my application randomly there are no visa numbers available..

    Please help..




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  • vandanaverdia
    09-12 11:49 PM
    seahawks:
    Keep up the good work in inviting members & initiating to re-activate the WA/OR chapter!



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  • akhilmahajan
    04-23 09:43 AM
    I dont think there is any such practise...........
    i think the lawyer or your company who filed it, will get all the communication from USCIS...........

    so just keep on trying.............
    i am not a pro at it, but will like to say, never give up trying.........




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  • newlife2
    09-19 10:40 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.



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  • newbee7
    07-05 12:14 PM
    ^
    ^
    ^




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  • sanju_dba
    09-14 02:01 PM
    I like the idea. But I wonder if this legal...

    Good question,
    What are the raffle laws of each state? | rafflefaq.com (http://rafflefaq.com/united-states-raffle-laws/) talks about the regulations, I am not sure which state to look for.



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  • trueguy
    08-04 06:12 PM
    Nopes. No refund.

    After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.




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  • Canadian_Dream
    03-20 11:41 AM
    Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.

    I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
    When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks



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  • friend99
    08-11 10:16 PM
    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.




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  • gc_chahiye
    02-17 09:43 PM
    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.

    you can get back to H1 status, it might involve:
    - filing a H1 petition (you wont be counted agianst hte quota)
    - leaving US and coming back in, to "Activate" the h1.




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  • mhssatya
    04-07 07:40 PM
    GGC,
    Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:

    we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.

    But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?

    Appreciate your help.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?




    cjain
    11-01 06:28 PM
    next time make sure only news pertaining to smartboy is posted...all else can wait...hail smartboy

    And how does this news add any values to our issues here ????




    GCNirvana007
    10-08 05:03 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Ok. So whoever runs my payroll is my employer. Lets say its Company C.

    Question is

    Am I obligated to Company A in any way?
    Am I obligated to Company B which had my recent H1B?

    Based on the answers i am assuming no but will wait to hear from you guys.



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