Wednesday, June 15, 2011

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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • ramaa
    06-21 11:00 PM
    Thank you for reply.

    Can I request to port 2003 PD at the time of filing 2nd I-140

    or

    Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.

    Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.

    I appreciate your input.

    Thanks





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  • JunRN
    08-11 06:58 PM
    True again. The problem will come during naturalization. Reasons why you change employers will be asked and scrutinized.





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  • wandmaker
    08-26 06:07 PM
    Thank you very much for your prompt reply. Greatly appreciate.
    I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
    I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

    Regds,
    Vani

    No way, you will have to ask your employer



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  • Running Scared



  • lost_in_migration
    05-15 12:08 PM
    I absolutely agree. A good legislation is the only solution. Let us hope that more ppl have that far-sightedness and keep visiting and contributing to IV.

    PD current does not gaurentee any thing...
    May be people who are short sighted may stop visiting.

    But people who are seeing the whole picture would
    definitley visit here and contribute to IV.

    good luck
    babu





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  • kaisersose
    04-16 02:29 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior

    If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.



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  • Ell/Nikki | Participant



  • sr1973
    08-06 12:28 PM
    The only LUD was on my 140, which is on 7/13 - There was no LUD on any other applications H1, EAD, AP - One LUD today after the status change. Hope this helps.

    Wandmaker,
    Wondering if you ever checked if your namecheck was cleared or not.





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  • amits
    02-04 04:58 PM
    I am in Phoenix/Tempe area.



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  • H1B-GC
    11-30 02:32 PM
    GC Delay,

    Take an infopass Appointment and speak to an IO . Hope all the Mess created by USCIS in your case will be cleared. Below is the link for infopass... Since it is USCIS error, hope they will approve ur AOS as a courtesy ;)

    https://infopass.uscis.gov/infopass.php





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  • rockstart
    01-08 12:27 PM
    this may help also :-

    Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)

    Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)

    Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)

    Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)

    Thanks patiently_waiting, These are really good links. I have posted these links to IV Wiki as well for future reference. Please add information to Wiki as it can be really useful to folks who are need this info. When you get an RFE you do not have luxory of time and all this info in one place really helps. Thanks once again



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  • Azerbaijan 2011 || Ell amp; Nikki



  • jediknight
    12-19 04:01 AM
    Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.


    If we were not present there would not be jobs for the current american colleagues of ours.

    If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

    If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

    If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

    If .. <Add other names here>> there would be no Silicon Valley.

    I and other outsiders have created countless jobs and maintained America's technological superiority.

    ... So I respectfully disagree with your statement about us displacing jobs :)

    - JK





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  • Lasantha
    07-09 01:33 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.



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  • like_watching_paint_dry
    09-21 03:28 AM
    I don't want to derail this thread, but while on the topic, I'm wondering if any of our Canadian friends, or someone in the US who has invested in Canadian real-estate, can provide pointers to good resources to read up about buying something in Canada without being a resident of Canada. The BC area to be more specific.





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  • at0474
    01-09 02:52 PM
    It would definately move..but movement would be backward. :-)

    --LOL! I understand where you are coming from!! However, in reality, EB3's rear got so far up against the brick wall, it can't move back any further. It can only move forward.

    Are there people with EB3 pds in 2000/2001 still waiting in that large number for GCs? I don't think so..

    If not any movement, I won't be surprised. If any, it has to go forward for EB3.



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  • s416504
    10-02 03:54 PM
    Applying PERM & H1 are diffrent. GC process is future employment so Any employer can sponser your PERM without joining him (But you have to join that employer if GC-485 get approved by him).
    In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.





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  • Anders �stberg
    June 4th, 2004, 01:47 PM
    I find closeups are often surprising, gives a different perspective on ordinary subjects.

    I updated the posts to include EXIF data for each picture.



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  • anilsal
    03-09 05:54 PM
    I had dream last night, part of which I still remember.

    As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
    I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
    I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

    And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

    And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.

    Quite fun to read.





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  • sapota
    10-23 12:07 PM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    Premium processing for I-140 has been suspended by USCIS. Ask your lawyer if he has read news lately.
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    I am sure quite a few people applied for I-140(I would guess around 150-200k) among the 320k people who filed these stages because of July VB fiasco. Looks like it will take an year just for I-140 approvals (We need to really observe USCIS trend & guidance after July VB fiasco
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    I am assuming your priority date is current. Again no PP for I-140.
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    I-485 is the final step.
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
    It generally costs about $2k per applicant (multiply this by members of your family going to apply I-485 with you)for I-485 (lawyer + filing fees) & $1.5k for I-140(this is just for you not including Premium processing)
    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
    If your priority date stays current, my guess is that you are looking at another year or wait for your actual GC. But you would get interim benefits like EAD, AP, AC21 after you apply for I-485. google?
    You are already 6 years & $35k in the hole. Want to save that investment or cut your losses. Personal opinion matters in that decision.
    Thank you guys for your attention and thanks IV for the good work done so far.
    :)

    Welcome





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  • mwin
    07-23 11:12 PM
    Just to clarify...., the advance parole should be valid when you are entering the country, not while leaving right?

    Well, I have a current advance parole that expires on October 12, 2008 and I applied for a renewal. Once my AP gets approved (assuming the new AP starts from October 12, 2008) I am planning to leave the country in September (before start of second AP) and re-enter after October 12 using my second AP. Do you guys see any problem in this? Of-course, I will leave only if my second AP is approved in before I leave.

    As as dated Oct 12, 2008, on or after this date.





    NNReddy
    11-19 11:53 PM
    Travel thru UK on advance parole. Did anyone travel thru UK on advance parole. Do you know if you can travel thru UK on advance parole(with UK TRANSIT OR VISIT VISA). Do you need to have USA VISA STAMP.





    WeShallOvercome
    07-27 02:13 PM
    Thanks.
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

    When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)



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