Friday, June 24, 2011

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  • anilsal
    08-06 12:45 AM
    First they need to cope with the scores of petetions, USCIS and FBI.
    For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
    This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
    Additional VISA numbers may not help anybody, if they don't use them properly
    Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)

    Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.




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  • SandeR2
    03-23 03:15 AM
    Hey i dont see my entrie in the list :( or do I need to submit it as a new piece.




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  • godspeed
    11-09 04:50 PM
    completed the survey




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  • senk1s
    05-08 02:29 PM
    1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively

    2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid

    3. As of now - it should be similar and subject to interpretation

    4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump



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  • desi3933
    02-18 06:21 PM
    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.

    wandmaker -

    Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.

    Child will, of course, need passport. But no visa.

    This is one of the few exceptions when person does not need visa to travel.

    Hope it helps.

    _________________
    Not a legal advise.




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  • nrk
    10-06 06:07 PM
    Done



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  • sathyaraj
    11-14 01:19 PM
    The EAD process has changed. You do not need FP for EAD approval.




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  • boldm28
    06-17 08:27 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    you got that rite buddy



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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.




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  • smartboy75
    07-09 12:14 PM
    is'nt an Advanced parol document a re-entry permit ???



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  • eyeopeners05@yahoo.com
    06-02 01:36 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?




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  • jase21
    11-23 04:26 AM
    seems like flower by flocke button is lacking symmetry, or is it a design in its own sense.. But its beautiful.
    Its hard to vote for just one!



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  • dreamworld
    10-26 11:57 AM
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)

    A) Yes, you can transfer the pending h1 extension to premium.
    B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.




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  • freetospeak
    07-18 07:17 PM
    Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same



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  • GooblyWoobly
    07-18 07:24 PM
    1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

    2) What all docs are required for filing EAD & AP?

    1. My lawyer clearly said you can't, unless you file it together with AOS.
    2. I765 and I131 forms. Everything else has already gone in with the AOS.




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  • GCAmigo
    12-04 10:30 AM
    isn't that what is happening now?



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  • amsgc
    04-07 08:49 PM
    The non-profit organizations that meet the following criteria are cap exempt:

    1. A nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)

    2. A nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)

    Now read page : 54 of the following link for (2):

    http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/pdf/8cfr214.2.pdf

    Please share your understanding.
    I have questions about working for a nonprofit that is not a research organization.




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  • ujjvalkoul
    03-06 01:14 PM
    do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?

    i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass




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  • walking_dude
    11-14 10:17 PM
    Michigan members your chapter is waiting for you. Let's meet our Lawmakers NOW




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    04-07 01:08 PM
    http://www.cilawgroup.com/wp-content/uploads/2010/04/AAO-Decision-re-Substituted-LC.pdf




    prioritydate
    07-25 12:11 PM
    May be true if they are doing other work, like working on the Family based immigration. But here I am talking about dedicated I-485 application processors. This is just an assumption. I am sure that USCIS have lot of employees than our assumption. I am sure that USCIS is lot more capable, and it they genuinely wants to speedify the process, they could. I sincerely hope that USCIS, with it's new revenue that it is going to get in August, would add workforce to process applications in a timely manner.



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