Tuesday, August 16, 2011

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  • eeezzz
    02-11 12:27 PM
    http://immigrationvoice.org/forum/showthread.php?t=16658
    Check this out!
    ...
    ...There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
    So I think EB-2 India will remain U at least until May bulletins.
    My prediction is everything remain the same. EB-3 ROW moves forward slightly in between 15 days to 60 days.
    My prediction is based on the quote above and also the bulletins from Feb. 07 to Mar. 07





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  • krishna
    02-05 12:44 PM
    I was in a similar situation where i had two petitions one expiring in 4 months and another expiring in a year and i got the stamp for the remaining 1 year 4 months. The guys outside take only one petition as you have to schedule an appointment with only one petition (i.e. I797). When you go to the window to talk to the Consular Officer you should tell him that you have another petition and get a stamp for the entire validity of the 2 petitions. I asked the CO in a very polite way and he obliged.





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  • rawmuk7
    10-01 01:46 PM
    When i travelled with Air India via London 3 months back, I did not take any transit visa and had no problems. No one even asked me about it. I travelled twice this yr thru London





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  • bkam
    04-13 07:47 PM
    I have roots in two countries in different part of the world and I will make sure that the mess with the US legal immigration is well explained and "advertised" there. Young people in these countries should know what is going on here and should thing before deciding to go the US. Even if they still decide to come here, they would be better informed and prepared. At least they should know that their social status as "legals" would be lover that the one of the illegal Mexican illiterate lettuce pickers (the latter would have more rights in terms of obtaining permanent residency)

    I never demanded permanent residence in the US as my right. But I have the right to have my LCA adjudicated in a reasonable time (months, not years) by the US administration. Months, not years! I am here legally, I work hard for this country, pay honestly my taxes and I am entitled to get a quick reply to my application. If it is rejected, OK! Fair enough, I will look for other opportunities.

    I believe that the IV as a face of the "legals" have to put this issue before the lawmakers and the media and to demand for its resolution. Yes, to demand - this is not too much to ask. And if the US administration is still unwilling or incapable to resolve at least this problem, than I would ask myself what I am doing in such "great" country :-)

    By the way, creating of these "BEC"s is not a resolution of the backlog problem, just another cover up of the DOL's impotency.



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  • LONGGCQUE
    06-18 03:55 PM
    Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.

    Any thoughts ?

    Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks





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  • JunRN
    07-17 06:58 AM
    I'm sorry...never done Medical yet...what is a PCP? Pardon for the ignorance....



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  • Almond
    05-10 11:20 AM
    Same thing happened to mine. USCIS will pick up the packages from the USPS the next day so don't panic. Check for another status update tonight or Monday night, I'm 100% sure it'll say "delivered" then.





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  • desi3933
    07-07 02:33 PM
    ......
    3. Provide simple letter from employer with an affidavit or something stating that the new job is same / similar as the old job.

    Sorry for a long post and thanks for any suggestions.

    Simple employment letter with details of job title, salary, and job duties should be enough to demonstrate that new job is in same/similar classification as your labor/I-140. The letter must indicate that job is permanent and full-time.

    Do you have employment offer letter? That letter should also list job title, and duties.


    ________________
    Not a legal advice.



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  • cygent
    05-01 03:31 PM
    Winner, Could you or somebody please inform the blog owner of the issue (I am not visting that site again :eek: :mad:). I lost a day due to the virus, don't want anyone else to experience that... this was a pretty nasty virus. Be warned & very careful out there guys!!





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  • sixburgh
    08-04 07:17 AM
    I thought that I will share my recent experience.

    I arrived in USA in 2003 on a L1 visa.
    It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
    Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
    I changed my employer later using H1 transfer and they kept renewing my H1 petition.
    My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
    Since then I have been working with the same employer on EAD.
    After a long time I wanted to visit India, so applied and got my AP.
    Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
    This is because EAD is taking too long for renewal.
    I went to India, visited Mumbai Consulate, they did not ask me a single document.
    They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
    No other questions asked.
    I got my h1 stamp in 2-3 days.
    Planning to reenter USA on that stamp.
    Once I return my company will switch me from EAD to H1.
    Hopefully EAD will arrive after that.
    I will just keep that handy.
    If I move to another employer, I will have a choice, use H1 or EAD.
    I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
    I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
    Wife will continue to work on EAD.
    H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
    Plus I don't have to pay the crazy AP fees each time.
    Please do comment if you find this information useful or any issues in my plans stated above.
    I will update this post when I arrive back in USA.

    Update : 8/12/2010
    I entered USA on H1 through IAD airport with ZERO questions asked.



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  • tuhin
    07-07 04:51 PM
    My apologies if this is not the correct thread (but I think it is related).

    It has been a month since USCIS received the response to a EVL related RFE issued to me. I verified the receipt date from uscis.gov. Does anyone know how many days it takes (on an average) for them to decide upon such RFE? I am trying to make sure if it is too late and I should request an appointment through infopass.

    Thanks!





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  • cbpds
    09-23 03:43 PM
    Most of us are not eligible to vote in the Nov elections , so PLEASE STOP CAMPAIGNING for Obama unless u have something to say worthwhile abt immigration etc

    [QUOTE=ronhira;1987140]FDR had 8 years & over 55 years after his presidency to make his impression today..... u r judging obama with his first 2 years of his presidency....... where is fairness here?



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  • dilipb
    02-16 01:53 PM
    If an individual already has a pending AOS application on file when a retrogression occurs that places the cutoff earlier than the applicant's priority date, USCIS sets the application aside and will not adjudicate it until the priority date is current again. As an example, after months of stagnation, in June 2007 the priority date cutoffs for employment-based second and third preference (EB2 and EB3) applicants (the bulk of employment-based green card applicants) advanced dramatically for all countries of birth





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  • gcformeornot
    08-14 01:51 PM
    I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance

    This is a million dollars question on everybody's mind. Although the books says you can, I bet no body will take the risk.
    Nobody can predict when July filer will get AP too.



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  • prem_goel
    08-05 05:22 PM
    Guys, what about July 2007 filer. I filed my 485 then without my wife's name as she somehow could not join me then. I am hoping that as soon as my dates are current, I'll immediately file my wife's 485 on the first day of the month. Hopefully that should include her in my app before its approved.

    Am I thinking right?





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  • telekinesis
    01-02 05:57 PM
    Hey lost, lets start a battle within a week involving most moderators, of course something to do with Flash. We can talk about it more on AIM! :rambo:



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  • JunRN
    12-27 08:06 AM
    What if you have to leave the job before 180 days, about after 150 days? When I say you have to that means there is no alternative. Employer-Employee issues. Quite a few folks here might be aware of it. But anyway, I read that USCIS will consider 180 days based on the I-485 'Received Date' and I-140 'Revoked date' will be the date USCIS act on the letter they receive from Employer requesting to revoke I-140 not the date employer will send letter to USCIS. I'm aware that there is no specific guidelines of which date USCIS will consider as 'Revoked date', but I heard USCIS mentioned verbally in many conference that they consider I-140 'Revoked date' as when USCIS act on the letter they receive from employer. Any thoughts?


    There was a previous case where USCIS denied I-485 based on the cancellation of I-140 as per 'receipt date' of the request, and not on the date USCIS acted on it.

    That case is posted in this forum and please take time to search and find it. I cannot do it for you.





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  • Sheetal_MA
    10-14 07:21 PM
    500,000 Legal immigrants in limbo:
    lets say (I mean lets Tell them) 1/5 th of that # buy on an average $300K houses.
    That equates to $30 billion.. Not a bad #. But I am sure all want to buy houses eventually. Thats $150 billion. Not a small #.

    Lets say (again tell them).
    1/100 th of 500,000 start companies, of 5 employees each=25,000 jobs.. Not bad again.
    This idea is inline with our IV campaign that was discussed sometime back. We can tell in different forms to the media. Somebody may publish.

    This is an interesting thought at first. However, I don't think it will hold water, especially in this environment. On the first item, assuming 1/5 will buy houses is a very optimistic number particularly given that many of those who can buy have already likely purchased a house. There is no legal hindrance in buying a house on a non-immigrant visa, hence it's a weak argument. Furthermore, it's a small number compared to the housing inventory.

    Unfortunately, this is not a good time to push for immigration reform. The main counter-argument you will get right now is the need to preserve American jobs.





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  • matreen
    08-04 12:33 PM
    Thanks Snathan. But do you think I may get my 140 cleared on the basis of 3 year degree?


    Its tough at I-140. But you wont have any issues with EB3





    punjabi77
    09-10 07:09 PM
    I know there will be many people who are working on their employer's payroll but keeping maximum share of their rate.

    I have my EAD and i want to switch my current company and move to a new
    one as my current company is keeping around 20% share.

    I am thinking of the following options:

    1st option) I have my Canadian PR and thinking of an option to join the current vendor directly. Incase my 485 is rejected, then i can move to Canada.
    In this case, i do not know how to run the paycheck and other related stuff to stay out of trouble for my current 485 processing.

    2nd Option) I can find an employer who will just keep around 5/hr from my share and keep me on their payroll. I can also keep myself on my H1b by having my H1 transfer done. I will take care of running the payroll from a third party.
    In this option i dont have to worry much as company will show me on its payroll and my H1b will be valid.

    I would appreciate response from people on this forum. I know someone might be doing it right now.
    Please suggest pros/cons of the above options.

    I appreciate your response.





    piyu7444
    04-23 02:09 AM
    First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it
    I think using AC21 does not imply that 485 will be denied. In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.

    I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa.......... For using AC21 just make sure that:
    140 is approved Your GC sponsor will not revoke 140Your GC job description and new EAD job description are same or similar (title does not matter) . ONet code for both the jobs match. If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485. Hope this helps and people who got scared does not gives me red dots for speaking aloud.

    Support IV and make the difference for yourself and everyone else in the immigrant community.



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