Thursday, June 9, 2011

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  • gc_on_demand
    04-30 03:01 PM
    Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.

    Here is link. Will some body hear it and post the updates?

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3793


    Thanks in advance.

    Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.





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  • fcres
    06-27 12:25 PM
    My I140 was approved in Dec 2005 by TSC. The online case status still says it pending. And i just filed my 485 using that 140.





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  • GoneSouth
    07-05 11:31 PM
    then outsourced jobs will come back to USA

    Oh? Who are they going to hire? ;)





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  • JunRN
    08-09 02:57 PM
    My gully, I should have issued personal cheque instead of asking the atty. to use his cheques. I could then saved the trouble of asking the atty. everynow and then.

    I still have 20 days left before I could get my RN based on the rate of receipting recently.



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  • james_bond_007
    12-07 02:21 PM
    My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.





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  • Jaime
    09-15 08:29 PM
    We need the large numbrs in attendance!



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  • amit1234
    08-27 08:19 AM
    Hi,

    can any lawers give me reply?


    Thanks in advance





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  • amitjoey
    07-20 01:43 PM
    We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

    For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?

    Just register your marriage here in the USA.



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  • glus
    11-11 08:36 PM
    Hi,
    Looking at the number of 485s pending for ROW EB3 with PD of years 2001 and 2002, I do not quite understand why the dates have not moved. We need to ask this question to someone. It does not make any sense.





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  • honge_kamyaab
    02-01 12:33 PM
    Is anyone here familiar with Canadian PR landing process. What does it mean
    to "land"?

    I got approved PR papers from Canada. They gave a deadline to land in Canada
    before which I am planning to go to Canada. I work in US now and plan to return after landing. How many days does it take to complete this process.

    Suggestions?

    Thanks in advance.



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  • maniac
    08-07 03:08 PM
    Make sure you take landing papers to US embassy with you to prove that you entered Canada legally. There should not be any problems.





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  • glus
    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris
    Kris,
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

    Regards,



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  • needhelp!
    11-13 09:29 AM
    > > apostrophe IS OUR 100TH MEMBER < <





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  • jthomas
    05-01 09:40 PM
    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

    Thanks
    Amit

    Engineer and manager have different Onet codes and responsibilities. I have been promoted to a managerial position in my formal firm but i turned it down.



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  • starscream
    01-13 12:40 PM
    Hi oaktree,

    My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.

    My company's lawyers were certain that the denial was in error and hence they filed MTR.


    Is there anyway of taking advantage of the old priority date application that was denied with a new application.
    If you make a new PERM application you cannot use your old priority date.

    Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.

    I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.


    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...





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  • karanp25
    07-11 01:43 PM
    stop whining. I've seen your other posts as well. If u get an EAD approval, you complain. If PDs move forward, u complain.

    No one is going anywhere--this is just another non-sense move - DHS has no clue how many 485 apps are pending...they just moved the dates forward to use maximum visa numbers. EB2 will be back to where it was (or worse retrogress more) after Oct'08.

    It's simple math...10K visas a yr and over 160K applications pending. Go figure, how long will it take.



    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
    We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in



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  • meridiani.planum
    11-26 02:57 AM
    Hello Friends,

    I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.

    yes you can. Since your PD indicates your LC is >365 days old.
    new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.





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  • ryan
    05-13 08:59 AM
    Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..

    Admins -- I'd like to know as well please. I signed up for recurring contributions, send through a few emails to the admins. No response yet. Appreciate the access. Thanks





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  • jambapamba
    08-03 07:34 PM
    Hi experts,

    Can someone help me in this regards. Awaiting eagerly for ur expert comments.


    Regards

    Now I see why you keep asking the same question...you started the thread.

    Ok, here you go...
    1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
    2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).





    santa123
    07-22 07:40 PM
    I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.

    Can any one tell when will the visa number assigned to the CP case?

    The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.

    Any insight would be appreciated.

    I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!





    chintu25
    08-19 05:45 PM
    Excellent job guys :)



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