Thursday, June 9, 2011

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  • chanduv23
    09-14 02:29 PM
    ALL THE HEROS AND HERIONES TO DC

    LETS CREATE HISTORY HERE

    FOLLOW YOUR HEARTS





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  • Karthikthiru
    08-09 08:58 AM
    There is new posting about this bill on Matthew Oh site. It gives more detail about this proposed bill. It says "Specter's Discussion Draft for New CIR" and he has given more deatils of it


    Karthik





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  • chakdepatte
    11-11 09:29 AM
    go to uscis.gov and sign up for e-filing. fill in the I-131 form for urself and wife et al. u will seriously save a ton of money that can be done in 15 minutes and follow uscis instructions only.

    did that 3 months ago. got an RFE about photographs not being compliant with us passport requirements. sending response as I type.

    all the best
    -chakdepatte





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  • miamivice4u
    04-10 07:40 AM
    But he can not loose our hopes, remember this, for the american people legal inmmigration is Green Card holders, if you are a temporary worker is like they are telling you hurry up pack your things and get back to your place, and the congress will try to work legal and illegal immigration at the same time, probably they will increase visas, but anyways the point is who is making noise in the streets? illegals and their supporters. In my case i contact my senator and my congressman every month asking to please help with comprehensive immigration reform, to help us to create legislation on name check so we do not have to wait years, and well all of them are republicans but all of them are immigrants so they know our pain.



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  • katewill
    08-18 02:12 PM
    just being cautious the regular 140 aready submitted might take more time if resources are put to premium 140





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  • Almond
    11-11 05:29 PM
    Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
    it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...

    kartik, I am amazed by your priority date. Have you done infopass to see what the hold up is? Open the dictionary and you'll see us in the definition of "badluck" lol



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  • saketkapur
    03-26 11:09 AM
    My wife got it stamped twice in Delhi....there were no issues as her application does not mention any 485 filing......

    You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.

    Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".

    Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
    If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.

    Above is just my opinion. Please consult a reputed immigration attorney as every case is different.

    Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

    I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

    Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)





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  • ca_immigrant
    05-16 04:17 PM
    thanks for the replies again...

    Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.

    So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...

    but in any case, I have asked my company's lawyer also, will post here once I hear back from him...

    Now begins another waiting game ...



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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?





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  • karthkc
    03-18 05:19 PM
    Yha i got my EAD through Spouse.

    Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?

    Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.

    This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.

    If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.

    If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)

    As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!

    Thanks!



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  • kumar1
    07-13 03:08 PM
    Good.





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  • liberty
    10-06 04:30 PM
    I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
    1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
    2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
    3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?

    I will really appreciate your help.
    Thanks for the support.



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  • sunny26
    11-16 08:20 AM
    Hi Raj
    If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.

    Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.


    quizzer

    What is raised SR means?

    Mine also filed in DEC'2006; but no news yet.

    Thanks
    RT





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  • Sakthisagar
    04-30 10:07 AM
    I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.

    Good for you do you feel in India politics is much better?? man still a forgein lady is ruling India. if you are in India why you bother about this mess. be at peace with yourself. enjoy life. dont bother ..



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  • watzgc
    02-12 06:58 PM
    You can work upto 240 days after your H1 expiry date while your H1B is pending. To continue working from 241st day, you would need EAD otherwise stop working until the decision is made on H1B.

    Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.

    If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.





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  • sundarraj_us
    07-17 08:38 PM
    IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!

    BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?

    His comments from the bulletin sounds so honest


    �The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�

    Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...

    Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
    I concur



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  • gc_chahiye
    09-24 04:10 PM
    Message for USCIS:
    PERPETUAL EAD AND AP - STOP STEALING OUR MONEY AND CREATING MORE WORK FOR YOURSELF

    they are not stealing your money. The current situation can be explained on the basis of existing laws. Need to be careful about our messaging.

    The very fact that all fixes we are asking for are legislative changes implies that the current situation has less to do with USCIS and more with old arcane laws. There are a lot of things USCIS can be accused of, but not 'stealing money'





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  • nonimmi
    06-11 04:20 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.

    Visit this....

    http://immigrationvoice.org/forum/showthread.php?t=4285





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  • radhay
    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.





    chaki
    02-13 12:23 AM
    Thanks for your responses. Can you answer one more question ?
    If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.

    Chaki





    indyyy
    07-18 10:10 AM
    This is the website to check labor status at the BEC.

    http://pds.pbls.doleta.gov/

    My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.



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