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Friday, June 24, 2011

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  • radhagd
    01-05 09:24 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.


    If I am you I would go with EB3 I140 and once it gets approve get a copy
    of approval and wait until Eb2 date crosses 2004 and find a desi consultant
    file labour under Eb2 and file I140 port my PD to EB2 .After filing 485 you
    can join desi company at that time.





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  • GCFROMOHIO
    05-04 11:03 PM
    Thank's a lot for the information.....





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  • dan19
    06-28 01:01 PM
    Some relief for both legal immigrants and opponents of the bill.





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  • bitzbytz
    07-13 02:24 PM
    i backup admin...no threads for illegal issues. May be we can use private messages.



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  • Life2Live
    04-28 04:20 PM
    Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.

    Following are the most common criteria I heard
    1) Employer did not ran the pay check even though he/she worked for that employer
    2) Employer Deducts money for H1B filing, bench period etc.,etc.,
    3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
    4) Deducting money for Bench period in advance...





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  • number30
    03-05 09:45 PM
    As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

    I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?


    Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.



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  • dkupadhyay
    11-24 11:59 AM
    Thanks for your response.


    The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
    What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?





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  • GCSeeker123
    03-24 12:07 PM
    Yes you can Port your PD if your EB3 I-140 is Approved.
    Once the I-140 gets Approved the PD is locked.
    You can file a Labor under EB2 Using your MBA degree, once this Labor gets
    Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.



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  • msp1976
    06-25 09:53 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.


    Once your wife is not in this country..she would not be eligible to file 539...

    But I do not think your head needs to explode...All you have to do now is to send your extension papers to wife back home and get her H4 stamped...
    Without a stamp she cannot come back and by leaving country she abandoned the I539....

    It is OK ...you shall live....Your attorney is gonna tell you the same thing tomorrow..





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  • Blog Feeds
    10-04 11:10 PM
    VIA The New York Times

    "Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.

    �We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."


    Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)



    More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)



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  • gc_chahiye
    11-29 07:38 PM
    thanks for your suggestion.

    However My I-485 has been pending since June 2005. If it was a medical question RFE they should have found out when it was applied: "initial evidence" (or within six months) or does this happen only when the case is picked up for processing ?

    Also this brings up a good point as to what possible reasons can there be for which a RFE can be raised at this point in time (RFE for "additional evidence") ?
    1) EVL with current job desc, compensation and full-time employment
    2) Last few/All years Tax Returns/W-2. Recent Paystubs.
    3) Evidence of legal status throughout the stay in US

    what else ?

    looking at experiences on websites, medicals can come up right at the end too. The other common RFE is for birth certificate (asking for either translation or affidavits etc). Hang on a few days (keep pinging your attorney every day or every other day) to see what its about. It can sometimes take a week or two for you to receive the RFE from teh time the online status changes...





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  • jvordar
    04-07 05:48 PM
    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..



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  • kshitijnt
    09-16 04:51 PM
    This is all India specific and specific to EB2. I did not add years2006 and 2007 as my PD is in 2005. But I did do it upto dec 2005.

    1. You can expect the spill over from EB1 in big way
    2. You can expect spillover from EB2 ROW in a big way

    This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.





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  • sheela
    09-25 01:22 PM
    Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.

    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know



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  • saint_2010
    08-13 11:31 AM
    What makes you think in this Direction ?

    nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!





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  • same_old_guy
    05-24 02:32 PM
    This subject is treated as an elaborate chapter titled "The quiet crisis" in Friedman's book "The world is flat". A very good read. Here is an extremely well written article on education crisis staring at the US. It also touches on the broken immigration system.

    Feel free to discuss but kindly refrain from making extreme and judgmental statements.


    ************************************************** *******

    Credits: Thomas L. Friedman (NY Times). All rights reserved. Article has been reproduced in its entirety.



    The quiet crisis in US education

    By Thomas L. Friedman



    First I had to laugh. Then I had to cry. I took part in commencement this year at Rensselaer Polytechnic Institute, one of America�s great science and engineering schools, so I had a front-row seat as the first grads to receive their diplomas came on stage, all of them PhD students. One by one the announcer read their names and each was handed their doctorate � in biotechnology, computing, physics and engineering � by the school�s president, Shirley Ann Jackson.



    The reason I had to laugh was because it seemed like every one of the newly minted PhDs at Rensselaer was foreign born. For a moment, as the foreign names kept coming � "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" � I thought that the entire class of doctoral students in physics were going to be Chinese, until "Paul Shane Morrow" saved the day. It was such a caricature of what Ms Jackson herself calls "the quiet crisis" in high-end science education in this country that you could only laugh.



    Don�t get me wrong. I�m proud that our country continues to build universities and a culture of learning that attract the world�s best minds. My complaint � why I also wanted to cry � was that there wasn�t someone from the Immigration and Naturalization Service standing next to Ms Jackson stapling green cards to the diplomas of each of these foreign-born PhDs. I want them all to stay, become Americans and do their research and innovation here.



    If we can�t educate enough of our own kids to compete at this level, we�d better make sure we can import someone else�s, otherwise we will not maintain our standard of living. It is pure idiocy that Congress will not open our borders � as wide as possible � to attract and keep the world�s first-round intellectual draft choices in an age when everyone increasingly has the same innovation tools and the key differentiator is human talent. I�m serious. I think any foreign student who gets a PhD in our country � in any subject � should be offered citizenship. I want them. The idea that we actually make it difficult for them to stay is crazy.



    Compete America, a coalition of technology companies, is pleading with Congress to boost both the number of H-1B visas available to companies that want to bring in skilled foreign workers and the number of employment-based green cards given to high-tech foreign workers who want to stay here. Give them all they want! Not only do our companies need them now, because we�re not training enough engineers, but they will, over time, start many more companies and create many more good jobs than they would possibly displace. Silicon Valley is living proof of that � and where innovation happens, matters. It�s still where the best jobs will be located.



    Folks, we can�t keep being stupid about these things. You can�t have a world where foreign-born students dominate your science graduate schools, research labs, journal publications and can now more easily than ever go back to their home countries to start companies � without it eventually impacting our standard of living � especially when we�re also slipping behind in high-speed Internet penetration per capita. America has fallen from fourth in the world in 2001 to 15th today.



    My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal Democracy Forum. They are trying to make this an issue in the presidential campaign by creating a movement to demand that candidates focus on our digital deficits and divides. (See: www.techpresident.com.) Mr Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child Connected."



    Here�s the sad truth: 9/11, and the failing Iraq war, have sucked up almost all the oxygen in this country � oxygen needed to discuss seriously education, healthcare, climate change and competitiveness, notes Garrett Graff, an editor at Washingtonian Magazine and author of the upcoming book The First Campaign, which deals with this theme. So right now, it�s mostly governors talking about these issues, noted Mr Graff, but there is only so much they can do without Washington being focused and leading. Which is why we�ve got to bring our occupation of Iraq to an end in the quickest, least bad way possible � otherwise we are going to lose Iraq and America. It�s coming down to that choice.


    ********************************************



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  • chi_shark
    10-08 10:30 AM
    this category is to deal with starting and doing business in USA... no place in the first place to cry and vent depression of your brain and your friends brains... though annoyed with it, i respect your post and respectfully ask you to take it elsewhere... i wont respond to flame from you...

    I just read about someone in San Fernando who killed his family and himself because he didn't have a job.

    Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...

    Cheers!!





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  • sparky_jones
    09-30 05:55 PM
    I am currently with a company through which I filed my I-485. The filing was done by the company laywer. If I invoke AC21 after 180 days of filing and change to a different company, how would I ensure that USCIS removes the current lawyer as the attorney of record? This is assuming that I want to represent myself and not use a lawyer after switching to a new company.





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  • nairvimal
    06-18 11:20 AM
    -





    vin13
    09-30 03:37 PM
    If your last FP was more than 15 months ago, then write to local congressman, that usually works.

    But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.





    immigrationvoice1
    12-20 12:07 PM
    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance

    The H4 visa stamp if remains un-expired on the day she lands in the US is anough document for her to return back. AP is not required.



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