Saturday, June 11, 2011

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  • sgX05
    02-12 10:04 AM
    All my 140,EAD,AP, H1 renewal approvals have all been from NSC, never had any application at TSC.

    So I guess it may just be a case of USCIS balancing the case load between NSC, TSC, however I would expect others to see similar moves as well in that case.





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  • kanshul
    02-01 07:46 AM
    Please update your profile.

    Did you file I485 (AOS) application?





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  • dce.deepak
    06-22 12:32 PM
    My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
    My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.

    My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
    Because its start date is 09/24 so do I need to wait till that date before re-entering.

    What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.





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  • joydiptac
    05-18 06:44 PM
    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.



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  • gcformeornot
    09-27 08:58 AM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you
    right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.

    My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.





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  • a_yaja
    08-07 06:19 PM
    From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.

    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!





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  • anilsal
    07-07 02:15 PM
    We need to post every news article on DIGG and then as many of us as possible, should digg them.

    I think it may be possible that because of us digging a lot of the earlier news reports, smaller newspapers are picking up material.

    Go IV.



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  • paskal
    08-23 01:54 PM
    this is just the kind of thing we want to fight! terrible situation...
    please help iv's efforts to end retrogression for all.
    please all come to the rally, volunteer, contribute and spread the word!





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  • STAmisha
    07-08 06:38 PM
    I guess you can apply for 2 140's



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  • vin13
    03-18 11:52 AM
    There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.

    It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.

    Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)





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  • royus77
    09-02 05:07 PM
    Please stop opening new threads which are not related to immigration



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  • GCwaitforever
    06-03 03:26 AM
    Indian Consulates will be conducting VISA camps at different places. Verify the schedule on the web site, stop by and get the passport renewed.





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  • prasadn
    01-07 04:10 PM
    Thank you.. I guess i will just mail my application... So if my application is received before end of OPT date..That would be fine right.. I hope it doesn't matter when they start processing ??

    Could someone answer my below question please ??

    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date

    Thank you...

    I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.

    Hope this helps.



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  • needhelp!
    11-05 01:07 PM
    They want to see you...They want to hear it from you..
    So become a verified member today, and help us in making it LOUD and CLEAR, that YES, there are thousands in your constituency who are suffering. And will no longer be silent.





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  • 485InDreams
    09-28 09:38 AM
    Though he can sue you...there are more chances he won't do that ...it would be collateral.....

    As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
    1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
    2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
    3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...

    Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....

    rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...

    he will threaten you...but he won't do anything...he knows its waste of money for him ....

    Best of luck...



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  • yabadaba
    07-02 09:47 AM
    if you really doubt.. then get the hell outa here you illegal jerk. go back to your gas station.





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  • xela
    11-12 10:23 AM
    Sounds liek a great idea, I am right there with you, because this just makes no sense.





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  • upuaut
    09-20 03:05 AM
    forgot.. another nice feature of Painter 6.0 at least and I assume of 7.0. It will use any Photoshop plugins. Likewise it will import and export to Photoshop's psd format. I really believe that the programs are both good and are fated to be used together.

    for instance.. the magic wand tool in painter does not even come close to the one in Photoshop.





    ghiutzu
    07-23 10:58 AM
    As far as I see, here is an issue related to encoding; you have to know the Encoding of the file (or it's Code Page in order to get the encoding) and after that, read from file using the encoding, like:

    I would write more here but the editor from kirupa sucks big time, it almost drive me crazy.
    So, your quotes are transformed because of the usage of a wrong encoding.

    using (TextReader input = new StreamReader(new FileStream("SomeFileName", FileMode.Open), System.Text.Encoding.UTF8))
    {
    String str = input.ReadToEnd();
    }



    Cheers





    ujjvalkoul
    01-30 06:04 PM
    in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....

    We are looking at a big mess folks...

    -----------------------------------------------------------------
    Comment: Commenters said that this provision would be unduly
    burdensome for many individuals who have lawful status for extended
    periods of time, such as F and J visa holders, and specifically
    expressed concern that the rule is eliminating a long-standing
    provision for J-1 participants, who, under State Department
    regulations, are entitled to a thirty-day grace period after completion
    of their programs to travel within the United States One of these
    commenters suggested that States be allowed to use the end dates listed
    on the certificates of eligibility for each of these visa types as the
    ``ending date'' of status for the purpose of obtaining a driver's
    license.
    Response: Again, the determination for lawful status in the United
    States will be made by the SAVE system, not particular documents. SAVE
    takes into account the grace periods to which those in certain F and J
    statuses are generally entitled. It should be noted, however, that
    since F and J non-immigrants are admitted for ``duration of status,''
    which is an indeterminate period, they would normally be issued
    licenses valid for one year.



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