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  • sanjose
    07-24 07:04 PM
    I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:

    "...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."

    Many people have said that the July 2nd filers cases have been pre-adjudicated.
    However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.

    Does anybody know what is meant by pre-adjudication ?
    What is difference between adjudication and pre-adjudication?

    Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.

    "pre-"




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  • abandookwala63
    02-03 12:54 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.




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  • eb3_nepa
    08-25 12:54 PM
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.




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  • chanduv23
    09-10 02:23 PM
    texcan,

    I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.

    There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com



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  • vamsi_poondla
    10-17 03:04 PM
    Hi,
    I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.

    Krishna.

    I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.

    At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".

    Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.

    BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?




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  • sparky_jones
    04-09 10:14 PM
    Dear All,

    We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.

    Please clarify:

    1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
    2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
    3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)

    I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.

    Please help me clarify these questions.

    Thank you,
    Ramg
    1. State her true current status. If she's switched to H1B, state "Temporary Worker".
    2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
    3. It should be the date of expiry of your current I-94.



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  • pitha
    01-31 03:17 PM
    the address for checking case status is

    https://egov.immigration.gov/cris/jsps/caseStat.jsp

    You have to enter your receipt number


    Is there a way to track the status of one's I-140 petition through USCIS's website?




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  • Life2Live
    01-23 10:56 AM
    Hi,

    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    They changed the visa fee this year (2008).
    The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
    What can I do now?

    There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )

    What should we do in this case as we are filing online?


    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents.

    Thank you.

    You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.


    Following are the information from VFS website:

    United States Government announces worldwide revision of machine
    readable visa application fee
    December 27, 2007
    The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.

    Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
    The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
    Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.



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  • sk2006
    07-14 10:48 PM
    Thanks for the quick response...

    Could someone please provide me the co-affidavit letter template.

    Thanks,
    Sangeetha K

    Get it from your lawyer. That is what I did.
    They know what language would be appropriate for your case.




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  • fuzzy logic
    07-01 10:22 AM
    Thanks for your replies.

    I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.

    I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!



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  • Appu
    04-02 10:31 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.


    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.




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  • walking_dude
    11-26 11:19 AM
    Thanks. Please consider sending the E-mail to your friends as well. We need as many to participate as possible. If not possible to attend due to excruciating circumstances, at the least please consider contributing monetarily to this effort.

    I contributed $20 to this cause.



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  • zCool
    04-02 08:43 PM
    Hi Bhayzone,

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    All other points are on the dot!
    Only F1 being better than h4 is really depending on one's situation..
    F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
    Secondly, F1 has become much restrictive since implementation of SEVIS.
    H4 on the other hand is duel intent

    Major advantages of F1 would be
    1. Possible on-campus 20hr work authorization and later OPT authorization.
    2 Chances of getting assistanceship.

    So it's not black and white..
    and if you've applied for 485.. F1 is really definitely not the way to go..




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  • mhtanim
    06-10 02:40 AM
    Wow.. one should wonder why USCIS wants its' own documents. Don't they have any way to track someone's immigration records in their system?

    Anyway, as somebody else has mentioned - you should consult with an experienced attorney.



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  • motown
    08-23 08:08 PM
    Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?

    Thanks

    Each county has a 7% cap limit.

    Backlog Processing centers reported way back in early 2005 that they have
    ~180,000 cases.If most of the 2001 cases are cleared in the current fiscial year, we should see some movement in the October bulletin for ROW.

    Motown




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  • abhijitp
    02-15 10:49 AM
    ^^



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  • c9411010
    08-08 08:51 AM
    if therez anything anyone else can add pls do so ..




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  • Lord Rahl
    03-04 10:00 PM
    ames, post your picture in your own thread with a title for it under the Just Draw Yourself sectoin of the forums HERE (http://www.kirupa.com/forum/forumdisplay.php?f=152).
    This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
    Nice Job by the way.




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  • reachinus
    07-08 01:47 PM
    07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco

    The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!

    http://www.immigration-law.com/




    vandanaverdia
    09-09 02:52 PM
    Just sent the details on email.




    santa123
    07-16 08:48 AM
    I am confused with regards to AOS Vs. CP and which one to choose.

    My visa status is L1B with Company A and my green card for future employment is with Company B.

    Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.

    IF I choose CP, what are the steps after I140 approval?
    How hard is it to switch from AOS to CP or vice- versa?
    What are the pros and cons for AOS Vs CP?

    I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!



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