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  • jsb
    09-01 04:07 PM
    I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

    We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
    Lotus

    There is no need to unnecessarily delay your plans. If your wife gets new card before leaving that's good, otherwise just use your AP.





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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.





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  • vshar
    07-31 09:16 PM
    I wish they will have online chat with IO who is assigned to ones file( not CSR) so no more RFEs etc.





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  • anuh1
    04-05 08:27 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds



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  • sunsuri
    08-02 11:52 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.





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  • inspectorfox
    08-04 10:45 PM
    Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!

    WOW... It's hard for me to believe this. I think it's all your good karma.
    I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.

    User: InspectorFox
    Labor Filing Date: 10 Oct 2005
    Service Center: Texas
    Processing Type: premium
    Category: EB3
    Filing Type: non-concurrent
    USCIS Receipt Date: 05 Oct 2006
    USCIS Notice Date: 28 Nov 2006 RFE: yes
    RFE Reply Date: 06 Feb 2007 I-140 Status: pending
    Nationality: India
    LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
    STRUCK BY SECURITY CHECK -



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  • trump_gc
    07-06 08:19 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?





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  • glores1970
    07-26 03:56 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.


    I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....



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  • senthil
    06-05 01:16 AM
    my situation ---

    im on 7th year H1B extn, going for 8th next year
    - filed I-485 when current ( have EAD) and got married after retrogession
    - for the spouse i had to stay and extend my H1B to make her H4 valid
    - at this stage can i change employer on H1B and also for 8th year and further
    extns ? has anyone on this situation by any chance .....

    any inputs / suggestions will be of great help. thanks in advance





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  • jiraprapaasa
    04-10 03:26 PM
    Even she is 13 years old. She still need to purchase PIN and go for an interview.



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  • GC_LOOKIN
    09-12 07:16 PM
    Submitted on July 2 nd received by R. Mickels and case transfer to TSC.

    EB 2 PD Nov 2005
    I140 Approved May 2006
    EAD : Cards mailed on Sept 5th and Approved on Sept 10th
    FP Sept 24th

    Cngrats vempati:)..is your 140 approved from NSC or TSC?
    and at what time is your application signed by R. Mickels ?





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  • VisaHelp
    07-26 09:27 AM
    Sure. It was an H1B transfer application. So, the RFE asked for pay stubs with company A. Also asked, if applicable, for company B's pay stubs. W2s for the whole time I was in H1 status. And my last six tax returns.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.



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  • nareshg
    12-15 06:39 PM
    When did your last FP was done?? is that in Feb'08??

    my last FP (which was my first one) was done in Feb 2008.





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  • rajenk
    02-11 07:18 PM
    Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!



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  • Aah_GC
    07-08 03:06 PM
    Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..





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  • zimmy100
    03-25 10:58 AM
    TwinkleM ,

    Why I said great mistake filing I 485 in EB3 COZ,

    1) I have seen many people who has PD in 2006 has already received GC last year
    2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
    3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
    I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)

    And on different reply,
    Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.

    Thanks,



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  • payal_nag
    10-25 02:57 PM
    my husband's I-140 just got approved in a week's time. We were still waiting for the receipt number, instead the lawyer said she had received the approval paperwork!





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  • american_dreams
    07-31 04:48 PM
    Noting to worry. You will get your DL in mail. Till then you can use the temporary one. Usually the offices in the same state will be aware of the policies. But if you travel out of state some times you might have to just explain to them if needed.

    Till you get your DL in mail you have to use a differnt photo ID if needed.





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  • WaldenPond
    05-25 06:59 AM
    Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.

    Here is the link that provides information about the talking points and phone numbers of the key Senator offices:

    http://immigrationvoice.org/forum/showthread.php?t=942





    kumar_77
    06-15 09:16 AM
    I have been a contributing for a long time and i will do to do so , there are lot of people still struck in back log , who supported us from the beginning , and more over we are filing 485 ....we still have a long way to go remember..


    kumar





    bindas74
    02-05 10:49 PM
    You will have to pay again and again and again.
    But you have a chance to get 2 year EAD. Thanks to IV for the effort.

    Hi needhelp!,

    How is that someone who applies in August 07 with a fee of $340 doesnt have to pay for their renewal while I have to pay even though I had applied in 2008 and with the same fee of $340??
    It really beats me...well I guess that's USCIS::(((

    Can you please point me to any documentation on this?

    Thanks



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