Friday, June 10, 2011

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  • dollar500
    08-02 11:39 PM
    ....bump.....





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  • little_willy
    09-14 03:45 PM
    The interview with Jay about the rally just started.





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  • gcisadawg
    04-07 03:41 PM
    jnraajan,

    Thanks for your reply! We surely dont want to jeopardize the ability of her to visit us again! We may have to stick to the original expiry date then!

    Would taking an Infopass appointment help?

    Other Folks,

    Pls. let me know if there are other feedback.

    rgds,
    gcisadawg





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  • vin13
    03-09 05:30 PM
    Stop dreaming and do something:D



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  • shana04
    06-22 05:04 PM
    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D

    Really good one!





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  • GlobalCitizen
    07-26 09:05 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • fromnaija
    07-20 04:46 PM
    For I-485 AOS purpose, date of last entry into the US is used as basis of determining legal status. That is the law. Fair or not, it's not my call

    Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

    A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
    100% legal status as he is having continious payslips after his re entry.

    B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

    In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.





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  • gc4me
    02-09 10:17 AM
    You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!

    Do this fast:

    01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.

    02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))

    03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!

    04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).

    05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.


    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.



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  • chanduv23
    08-27 08:38 AM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.

    Working on EAD has never been a problem. But I did hear from some hiring managers that they have concerns about constant renewals and other issues associated like RFE etc.. and thats why they avoid hiring people on EAD - this is like very few people who are misinformed.

    Usually some employers ask - have you switched after 180 days of filing 485 just to make sure there is no problem.

    Company need not harbor illegal employees, they can do what it takes to keep the employee employed.





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  • sledge_hammer
    06-02 11:53 AM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.



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  • Gowtham Nalluri
    05-22 12:01 PM
    For all those whose PDs became current in June visa bulletin, It would be nice if most of you can hold off for about 10 days in june to file I-485 (485 may or may not include application for EAD and advance payrole), then USCIS may move the PDs further in july visa bulletin on both EB2 and EB3 to not loose visa numbers again this year.

    I-485 filing date doesn't matter while issuing the Visa Number (Even if you file I-485 on June 31st). Visa Numbers are allocated based on the priority date.





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  • EB3_SEP04
    08-27 05:33 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,

    Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.

    If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.



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  • shirish
    03-14 03:20 PM
    My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
    You are right. I checked it with Germen consulate in DC few days back.





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  • amsgc
    04-08 08:34 PM
    If it's easy enough, please remove "United States" as a choice in the list of countries.

    Then they will pick Afghanistan! :)

    Lets encourage people to make a little bit of effort and update the data to reflect the correct PD and Country of chargeability.



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  • at0474
    01-09 03:45 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))

    --LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.





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  • eb3_nepa
    10-02 01:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.



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  • ghost
    02-07 10:54 AM
    Thanks for the update !
    I am watching this... looks pretty interesting :)

    and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!





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  • vxb2004
    11-25 01:24 PM
    Thank you very much for all your inputs. I hope everything goes well.





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  • BharatPremi
    04-16 04:34 PM
    What is an "MTR"?





    JunRN
    05-16 03:28 PM
    Marking I485 on I-140:

    This option is also beneficial for both non retrogressed and retrogressed countries:

    1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.



    How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

    CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.





    dingudi
    10-25 02:46 PM
    Guys,

    Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this

    " On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."

    This was the message I was receiving when I got the receipts initially.

    But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.


    I-485 July 2nd
    I-485 ND Sept 10
    No FP yet.
    EAD/AP receipts received.



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