Wednesday, June 8, 2011

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  • logiclife
    02-04 01:29 PM
    Its very unlikely that the body/staff of USCIS that is currently processing 485 and doing a really pathetic job of approving 140,000 I-485 files a year today is going to be assigned the job of processing 11 million illegals.

    If that were to happen, those illegals would die of old age before being processing by the USCIS.

    They would setup another office, actually many office to process these illegals, 11 million. That is most likely to happen. Besides, they would not be eating away from EB greencard quota. There simply isnt enough in there to do that. And I am sure lawmakers are not going to point 11 million people to eat out of a quota of 140,000 a year. That would take 70 years to process just illlegals. Do you think congress would pass an immigration reform bill that solves this problem of 11 million current illegals in 70 years?

    --logiclife.





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  • imh1b
    02-25 10:47 AM
    Guys,


    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.





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  • anilsal
    06-14 11:13 PM
    Think based on G-28 form, receipts for 485 will go to ur atty.





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  • gc_perm2k6
    12-02 03:38 PM
    Could you please share how you filed SR, my h1 extn is pending for 92 days.


    You need to ask the person, who filed the extension to call USCIS Number and the representative will open SR for you if you are eligible, i.e. Your receipt date is less than Processing Dates by 60 days. Only employer can call for opening SR.



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  • ksircar
    08-10 07:59 PM
    In absence of birth certificate you may get two affidavits on stamp paper - one from your parents and another from someone other than your parents (that is what my attorney told me).

    If you can't file by Aug 17th, then the situation is just anybody's guess. Some people are talking about retrogression of dates back to 2001. So you never know what is going to happen.

    Do whatever you need to do - you have only couple of days left.

    Best of luck.





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  • veritas1
    10-16 10:36 PM
    I'm surprised a new I-140 needed to be filed in the first place. I didn't think a new company needed to refile if its a successor in interest...



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  • chantu
    09-18 10:13 PM
    I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

    1) Is it necessary to book tickets in India?

    2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

    Please reply with your experiences.

    Thanks in advance!





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  • jung.lee
    03-03 02:30 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.



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  • ita
    10-30 01:55 PM
    What does taking Infopass mean?

    Thank you.





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  • nixstor
    11-17 03:46 PM
    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.

    Big holler from me! You become EB3 ROW (Rest of the world).

    Find another employer who is willing to do an EB2 and you might have EAD in 6-8 months



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  • snram4
    01-09 07:49 PM
    First of all CIR means it will take care of potential immigrants at the same time gives protection to US workers. Everyone thinks that CIR is just giving benefit for illegal and legal immigrants. But american people wanted both ways. For legailizing illegal immigrants people want future illegal immigration should be stopped that is enforcement. Pro immigrants does not like enforcement even after legailizing 12 million illegal immigrants and trying to dilute and also by putting the condition that we need more guest workers also.

    Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.



    this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....





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  • overseas
    10-06 09:29 PM
    irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).

    I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.

    mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.



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  • xyzqwer
    01-23 07:12 AM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck

    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?





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  • meghanap2000
    11-04 02:02 PM
    Hello gurus,
    3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?


    Thanks
    Devan

    HI Devan,
    I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.



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  • vhd999
    02-04 06:27 PM
    I guess it does not matter...I have sent USPS envelops.





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  • abhijitp
    01-27 03:47 AM
    FYI, I have been in the queue for 6.5 years now. I did write the letter.

    Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.

    If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
    1) a miracle like June 2007 happens
    OR
    2) the EB GC process is revamped, which is what IV is trying to make happen!



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  • a1b2c3
    09-05 03:26 PM
    Folks,

    To celebrate or not to celebrate is the question. I received this email from my attorney's office:

    Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.

    However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?

    Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.

    It is going to be a long long long weekend for us.

    Congratulations!





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  • sodh
    07-12 01:43 PM
    Send Tancredo an invite to debate this issue in Miami and see what he has to say.





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  • saibaba
    12-09 10:50 PM
    thanq hankles





    Pallavi79
    02-21 11:43 PM
    :)





    aguy
    01-15 01:55 PM
    I am hoping that the availability of visa numbers has little or no effect on 140 approvals.



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