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  • rsharma
    07-23 09:49 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.




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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.




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  • seahawks
    06-29 11:30 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.




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  • indianabacklog
    11-09 09:20 AM
    My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!

    It is going to very much depend on your priority date and employment based category.



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  • piyu7444
    04-01 02:32 PM
    What was your exact PD (Day?) Nov 21 2006
    2. Which service center did you file with? Texas
    3. What day did you file in July? Are you in any special category with EB2 like NIW? No special category and I filed on Jul 1 and my application reached USCIS on Jul 2
    4. What is your country of chargeability? Are you cross chargeable to any other country? India and no crosscharge.........

    Hope this helps..




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  • kookoo
    08-03 07:20 PM
    If the letter was already sent to the USCIS can i stop further processing of my application?



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  • kshitijnt
    07-11 10:37 PM
    As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.




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  • Illuminae
    06-05 12:48 PM
    i was sending out a resume today, and i was EVER so tempted to stick this site in my portfolio..

    then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...



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  • desitechie
    07-13 07:54 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K

    Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.




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  • shukla77
    11-20 08:02 PM
    Please send emails to CBS 60 Minutes and other media sources. Send them personalized emails explaining backlog issues and efforts from IV. Considering passage of SKIL Bill in lame duck session a remote possibility, this would be a step in right direction. Also it would bring IV in media focus.

    ****So far ~10 people have sent emails to CBS..*****
    ****5990 to go..*****

    Good Luck

    Shukla77:)



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  • smsthss
    06-25 10:25 AM
    why is every one trying to rush in the application for I-485 by july 1st. The dates are goin to be current from July 1st Thro July 31st.
    Am i missing something ?? My attorney is preparing documents to apply by first week of july. Am i missing something grave here by not applyin on 1st July????? Please reply.




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  • ak27
    03-27 08:59 AM
    I had checked it with our Attorney and it is fine to work on Volunteer basis. However, there are very few oraganizations which will let you work. Working of the books is illegal...



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  • snathan
    08-18 05:10 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.

    This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.

    Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.




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  • mirage
    06-11 11:55 AM
    You look very angry. Take a shower. Do you think Core team is there to answer every question that is asked here ? Did you hire them as a full time employee ? How did you reach the conclusion that they are working for their benifit ? Look in to the mirror, ask yourself a question what you have done until now to help yourself to bail out of the mess you are in, I mean what efforts have you made to meet the senators and congressmen of your area, how many people you have influenced to join IV, how much you have contributed to help IV stay afloat. Only if you have satifactory answers to these questions, come back and ask questions.

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
    :mad:



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  • chanduv23
    04-08 04:06 PM
    I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.

    Come on my friend, Admins are like you and me. They are not having any magic wands. You may want to post your concerns in the public forum or the best thing is to contact your State chapter representative who will conduit you to the Admins.

    These are tough times, so hang in there. IV is committed for our cause.




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  • TeddyKoochu
    05-19 01:59 PM
    How and how they can prove he is not going to do any work at the location, the client will not be charged for that?

    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....

    I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).



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  • ss1026
    08-06 08:58 AM
    According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E

    I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry




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  • leoindiano
    02-06 01:04 PM
    looks like this is what happening...

    They have 100's of 1000's of cases....thrown in one dark room.

    They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....

    Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.

    So, he will leave that case there, go to next one...This is just my guess...




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  • HaveQuestions
    04-13 01:43 PM
    I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!




    akkakarla
    08-17 06:53 PM
    One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.

    Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.

    Thirdly, there is difference in the way the Operations are done, Process and procedures followed.

    As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.

    Einen sch�nen Tag noch!




    gc_on_demand
    11-20 12:13 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.

    Harivinder ,

    WE are core here. Right now given economy environment only few members are insterested into this forum. Rest are enjoying life with EAD or busy replying RFE's ... We need to wait for sometime becasue no matter how loud you cry right now no body is there to listen. ( Lame duck session is short and 100 % no hope for us. )

    I dont think we can push something to congress untill Feb 2009. So enjoy time with family in holidays.



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