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  • MCQ
    11-12 12:18 PM
    For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
    gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
    I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
    I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
    How wrong we were.
    I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.

    The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.

    That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
    They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
    As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.

    Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
    We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.

    The things for anyone to take away from my experience are.
    1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001

    2. Document everything - to prove that you acted in Good Faith throughout the process.
    Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)

    3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.

    4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.

    Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.


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  • legal_la
    06-20 07:57 PM
    My lawyer's office is saying that Non Immigrant Visa number is Control number, but what I heard and looking at different websites including here, I think it is the red number not control number.

    Is there a place I can verify this? What is effect on the application if they put control number? will that affect processing of my application in any way ?

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  • needhelp!
    01-12 05:46 PM
    Please add personal details to your letter which will make it unique. I put info of my educational background, work, and a bit about how long i have been waiting and how it affects me.

    Your friends need to be informed! Please email them.

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  • nrk
    10-01 10:53 AM
    All the best.

    Since 2004 EB2 is cleared, I am seeing less number of posts being made on IV.Yay I became a senior member, will that mean I will get a green card?


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  • senthil1
    06-29 05:24 PM
    If AILA is telling that means there is 50% chance of rumors becoming true. If the rumors are true then State Dept and USCIS mismanaged visa numbers. Anyhow wait and see couple of days

    But I can not help but notice the timing of priority dates becoming current and also these rumours.

    The priority dates became current right before the immigration bill was to be brought up for the second time in the senate. Now as the bill has been shot down, next day these rumours begin surfacing. Guess no need to keep us distracted anymore, so no need to go through the pain of getting bombarded with applications.

    Remember both are extraordinarily extreme measures. Make priority dates jump 5 years in one month and then retrogress them in the middle of the month.

    Call me wildly imaginative, but I can't help but think that maybe there are people in senior positions in USCIS who would be at home in NumbersUSA.

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  • xyz2009
    08-19 10:49 PM
    Its a no brainer (enter on AP) and you definitely have to talk to attorney

    Krithi: Can you please let me know how to go to Adv Parole side. Although we have had them but have never used them before. So I need to guide my wife towards this AP area.

    So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.

    Sorry with my fundamental questions but I have never used my APs till now.

    Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.

    Thanks a lot
    Best Regards,


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  • abhis0
    09-16 08:41 AM
    Nope. Why?

    Because pattern shows that LUD on I140 meant transfer of cases to Texas and only few have heard so far from that batch.

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  • Saralayar
    01-06 11:56 AM
    NKR .. you know what it is all about..

    Looks like all these guys are newbies and do not know the process.
    People who stayed long time or having awareness know the GC/citizenship

    I do not say we can not do anything. But has to be a bit practical & plausible.
    Do not under estimate others by your views. I am not a newbee to this forum. All others who are giving their valid comments are also not. If you do not like this, please stay away from this thread and concentrate on the threads which are interested to you.


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  • royus77
    06-20 05:15 PM
    please clear the doubt .. Affidavit of support is it I-134 or 864?

    Its I-134 document

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  • wandmaker
    08-07 09:40 AM
    Ths poll should be changed to

    Do you want to turn into an anti-immigrant when you get your greencard?
    Yes I am in
    No I am out

    Shame on those who votes yes.

    We said


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  • vicsthedude
    09-24 06:18 PM
    Here is my chart

    EB1 EB2 EB3 EB4 EB5 EBOther
    India 718 47728 62607 123 13 107
    China 607 19333 6343 384 13 30
    Mexixo 174 211 7878 62 0 90
    Phil 74 510 11563 70 0 264
    ROW 2477 7150 62840 1378 40 1029
    __________________________________________________ ______________
    Total 4050 74932 151231 2017 66 1520

    ================================================== ===

    Total EB1+EB4+EB5 + Ebother = 7653
    EB2- MEX+PHIL+ROW = 7871
    Assuming new cases in ROW Category = 4476 (Random number makes total visa number
    being used to round 20,000)
    __________________________________________________ ___________
    TOT Visa that would surely be used = EB1ALL+ EB4ALL+EB5ALL+EBothersALL+EB2ROW+Eb2M+Eb2P=
    7653+7871+4476 = 20000
    __________________________________________________ _____________________

    Visa Numbers Available for both AOS & CP after using sure shot cases (140,000-20,000) = 120,000

    Additional Visa numbers will be available for categories (EB2 I/C + EB3 I/C/M/P/ROW) all other categories will be current.

    Because there are 62,840 EB3 pending for the rest of the world I doubt any additional numbers(spill) would
    be given to EB3I/C/P/M spill would be used by EB3 ROW ???? Correct me if I am wrong

    Of the additional visa numbers available after EB3 ROW uses it, max how many can be allocated to India and China EB2 is the question.......? Can someone answer this based on the max limit per country and per category???

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  • puddonhead
    06-18 12:58 PM
    >> I disagree. By not reporting the fraud at workplace, it puts rest of workforce not at level playing field.

    Hmmm.. Level playing field. You mean the field where you set the rules? UAW did that in GM - you know?

    If there is someone who can do my job cheaper or better or more efficiently - by all means it should go to him. I need to then find something where I am good at. Thats what competition is! Of course - this "efficiency" can not come by illegal behavior. Illegal behavior (like the L1 fraud) has other hidden problems.

    So on your question about "l1 fraud": by all means I am for reporting it. However, there is another overriding concern for ALL OF US - how will the economy behave? I dont want to worsen things by "reporting fraud" at a mass scale right now and create trouble for companies that are already suffering. I will do that when that will be beneficial for the US Economy (translation - "all of us - even citizens").

    I am not for tolerating or condoning illegal behavior - however, I am all for moderating my responses and prioritizing the fights. I am also for not behaving like the UAW members.

    >> You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.

    You are reading between the lines too literally - so much so that you misinterpret everything like the bible-thumpers. Impact "me" = Impact "us" = Impact "everybody in the US - including the US Citizens".

    >> Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.

    Same answer as the first question.

    It's a pretty nuanced position. I hope I have been able to explain it properly.


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  • sparky_jones
    01-26 01:05 PM
    My experience with British Airways back in 2004 was actually quite good. My flight to Delhi was delayed by 12 hours. I approached a BA agent, and he helped me get a 24 hr UK visa to leave the airport, a hotel room at the airport, and meal coupons. I was traveling on Indian passport with a valid unexpired H1B visa stamp (the agent did tell me that he was able to do all this for me since I had an unexpired US visa).

    I was in a similar situation in 2003 travelling with Air France, and they refused to extend any help whatsover. I didn't have an unexpired US visa in my passport at that time. I have heard from others who've had good experiences with Air France.

    I guess one's experience with an airline completely depends on the prevailing circumstances, the specific service agents, and one's own level of patience and tolerance. Its hard to characterize any one airline as particularly good or particularly bad.

    However, having an unexpired US visa in one's passport definitely puts one is a better position to negotiate in difficult circumstances. I guess the prevailing opinion among several of these European transit countries is that if you have a valid unexpired US visa, you are less likely to cause trouble or seek asylum in their country.

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  • bejoy_p
    09-16 12:01 PM
    Thanks to IV for all the information and discussion.

    Priority Date: March 31st, 2006 at NSC
    Category: EB2
    SLUD: 8/18 & 9/4

    CPO email: 9/15 (morning)
    Decision email: 9/15 (afternoon)
    CPO email again: 9/16 (morning)

    No approval email yet!!!


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  • EB3Victim
    06-29 04:19 PM
    We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.

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  • nyit
    06-21 04:24 PM
    Can any one tell how to print the Forms that are longer than 1 page? Should it be one sided or 2 sided?



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  • polapragada
    09-10 10:11 AM
    I just gave a call to MICH Chirman office on 202-225-5126
    And urged for the support

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  • GCKaIntezar
    05-27 09:28 AM
    Any benefit in filing 485 on the first week of June versus last week of June? Any FIFO implications?

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  • Winner
    06-10 11:04 AM
    Thanks guys .... for coming behind me .. Shane Warne or Purple Haze won't satisfy you guys .. Y dont we discuss how Kanimozhi's discontent couldn't play spoil sport for the new govt and how Azhagiri got cornered with chemicals and fertilizers (these 2 are not any interntaional fame for an american 'tunnel rat' to know abt them).

    Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.

    Good job. I see B1 visa violations in my client place where I work currently(will post it shortly in donor forum). Would you mind joining your state chapter so that we all know who you are?


    09-25 08:19 PM
    Message Sent

    Sent to:

    [ Create a category to email this group ]
    Add to Address Book

    Sent mail to all.....Sent email to local congressman.....sent postal mail to Senator......Hope something good comes up for all those whose receipts are held up.

    01-25 11:19 PM
    I bought tickets from British airways last week (called them to find out they were non refundable). Wish this post had been posted earlier.........I agree with the author the questions they ask for a TV are hilarious. Maybe I will have some wonderful experiences worthy of a post. :)

    Well good luck with your visa. Don't forget you might have to go for finger printing too. I was one of the lucky few who applied in November, so no need for FP. Here's my experience on Air India from NY to India via London.

    After spending couple of anxious days waiting for the green light from Mr. Gordon Brown, we finally got our visas. The little kid in me was jumping up and down with joy and at the same time the mature man in me was saying "What's the excitement about? It is only a stupid visa and that too transit!� Anyway we packed our bags and took Air India into London. The NY-LHR trip was uneventful except that the entertainment system was not working for most of the passengers including us. Needless to say my kids were totally disappointed. I was not. Maybe I had suspected things like this are a routine on Air India. Flight crew was courteous and helpful (against my expectations). Food was good (I admit, I enjoy airline food).
    After we landed, the passengers were asked to exit the aircraft along with their carry bags. Many of us were puzzled as some of us wanted to catch up with our sleep. Reluctantly everyone had to leave the aircraft. Someone was saying there is another aircraft waiting to take us to India. Makes sense, that is why they asked us to take our cabin bags too. After we entered the building we were asked to take the left door. Behind the right door was a waiting room. A couple of turns led us into a corridor which was probably about 1/2 mile long. At the end of the corridor there was security check. Again I was puzzled, why security check now, we are already in a secure area. The transit visa form with those 111 questions suddenly came in front of my eyes. Nothing less than a new complete security check will satisfy these neurotic people. It was time to go thru the exercise again. Took off the shoes, wallet, coins, Jacket, belt, pants .... when I was gently reminder by the security guard that it was not required today. When my turn came to send the items thru the machine, I complained about the fact that I have to put my jacket in a bin that was probably used earlier to keep someone�s shoes. (And you know where the shoes go. And sometimes when it gets wet, it is not necessarily because of water. The thought itself was so revolting that I decided to get my jacket dry-cleaned after I reached India). Needless to say my protest landed on deaf ears. After going thru the security gate, it was time to go thru the final check. I assumed the flying eagle's position and was quickly scanned and cleared. Beyond the security point was the shopping and restaurant area. I was bit thirsty but could not force myself to spend on a bottle of water. I was so put off by this whole experience that I did not want to spend a single cent here. We looked at the monitor to find our gate and quickly proceeded towards it. Again we walked for about half a mile or so. Things looked familiar, but I quickly brushed off the idea. At the gate we presented our credentials and were admitted into the waiting area. Then again I got a sense of d�j� vu. I soon realized it was the same freaking waiting room that I saw earlier and the same aircraft was waiting for us. We needlessly walked for more than a mile, subjected ourselves thru security check. All this for what?
    After waiting for an hour we were allowed to go into the aircraft to the same seats and surrounded by the same little pieces of garbage still on the floor. I congratulated myself for not buying the water bottle and looked out of the window to say final goodbye to London. Never again! Never.

    Flying Eagle Position

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    (Gurus! How do I replace the dots with spaces without collapsing the spaces into a single space?).