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  • Laasya05
    01-22 05:10 PM
    No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.

    so can we file LC perm with an employer while on H4 and move to H1 little bit later?

    ----------------------------
    Contribute $320
    signed up for monthly contribution $20

    PD:-August 2003 (EB3)
    LC approved
    I-140 approved
    I-485 did not file

    Spouse on H4.





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  • pappu
    05-11 01:16 PM
    thanks, it worked.





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  • mattresscoil
    10-18 08:48 AM
    My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
    Interview letter says bring following documents:

    All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.

    I have few questions on this:

    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
    separate or can we go at the same time?
    2. Do I need to carry employer tax returns also?
    3. Do I need to carry affidavit of support for my wife?
    4. Are there any documents that I need to carry apart from mentioned in the above list?

    Also if you have attended interview in San Jose field office, please share your experience.

    Thanks.
    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.

    2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.

    3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.

    4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.

    Good luck and let the group know what happens.
    Thanks, Mattresscoil!!





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  • number30
    09-23 02:29 PM
    If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?



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  • sankap
    07-06 06:31 PM
    I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?





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  • mpgc
    10-19 11:52 AM
    Hi,

    could you please provide me your attorney's details?

    Thank you,

    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.



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  • smartboy75
    12-04 07:01 PM
    Does that mean the above rules apply only when u want to become a citizen ???





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  • gcdreamer05
    01-30 11:07 AM
    Sorry to hear about your situation...

    There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.

    If you are eligible to apply for an EAD do that too.

    Really sorry man, dont worry this too will pass for sure...



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  • PD_Dec2002
    07-07 09:46 PM
    We just published the ad a week ago. Is that a big deal to revise now ?

    Well, it's going to cost the company to put out a new ad. Might be a big deal for them.

    Thanks,
    Jayant





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  • njboy
    09-10 10:20 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.



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  • k_usa
    12-16 10:52 AM
    I got mine renewed in July'08 based on EAD in Lodi, NJ (Bergen county).
    They renewed until EAD expiry date + 3 months.





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  • GodHelpUs
    03-21 10:48 AM
    I am really shocked on looking at this article.

    http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html?hp

    An Agent, a Green Card, and a Demand for Sex

    Article Tools Sponsored By
    By NINA BERNSTEIN
    Published: March 21, 2008

    No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number?
    Skip to next paragraph
    Enlarge This Image
    Uli Seit for The New York Times

    Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.
    Audio A Secret Recording
    Enlarge This Image
    Uli Seit for The New York Times

    The Flagship Restaurant, where Mr. Baichu met with a green card applicant.

    The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.

    �I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�

    She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.

    The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.

    No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.

    The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.

    His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

    Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.

    The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.

    The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.

    Reasons to Worry

    A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.

    She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.

    She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.

    But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.

    So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.

    �We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.

    As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.

    In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.

    �If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.

    The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.

    He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�

    Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�

    Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.

    His reply, the recording shows, was a blunt demand for oral sex.

    �Right now? No!� she protested. �No, no, right now I can�t.�

    He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�

    Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.

    How Much Corruption?

    The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.

    Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.

    �It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�

    �Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�

    When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.



    Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.



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  • go_getter007
    01-26 10:35 AM
    In terms of processing dates, which date is relevant?

    USCIS Received Date: E.g., July 25, 2007

    OR

    USCIS Notice Date: E.g., Sept 12, 2007?

    Thanks.

    GG_007






    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    Set your Temp. Internet File setting to "automatic" to check for newer version.





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  • chanduv23
    09-10 09:51 AM
    I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.

    I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.



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  • work4pd
    07-20 01:38 PM
    Decoupling H1B and H-4 Time ?


    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!





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  • GCanyMinute
    08-23 12:23 PM
    My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
    Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!

    Wow!!! You must be very happpy!!!! Your GC is coming out hot of the oven huh?! That's great! Let us know when you get it 'cause things like that serve to pump up people in line!! :D
    As for me 2 more months...please October Visa bulletin be nice to me! :rolleyes:
    Hey thanks a lot for the info, good to know USCIS just confirmed that.



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  • kalyan
    02-12 01:45 AM
    The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008

    I believe 70% of it might be from US. I have a smalll share in it.

    Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.

    They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals





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  • vina92
    04-30 11:02 AM
    PD Jan2005
    I 140 applied Nov 2006
    Approved Mar 6th 2007





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  • nousername
    04-29 08:46 PM
    There is no limit as to how many companies can apply for your H1 transfer. 2 or 10 is the same.. The idea is to get a reply ASAP. I would suggest to apply under premium process

    To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.

    I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..

    God bless..





    smisachu
    12-05 11:12 PM
    I asked my attorney the following question. His reply is in caps:

    Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

    A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

    What is the feed back you guys have received from your legal counsels? Please share.



    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B



    Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz





    vrbest
    01-21 09:04 PM
    Thanks "LostInGCProcess". This clarifies my doubt..Ksrk: One of my friend had asked his lawyer and they said we can be on H1B even if we used AP..

    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.



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