Monday, June 13, 2011

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  • summitpointe
    06-13 04:04 PM
    Good job.




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  • ARUNRAMANATHAN
    06-12 07:24 AM
    immigration1111

    Please confirm this .... couple of things USCIS grants for professional with this situvation

    1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )

    2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware

    3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....

    Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee

    Hope this helps and Good Luck to him !

    Arun




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  • Padma Lakshmi, Ted Forstmann


  • chanduv23
    12-15 11:40 AM
    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,

    As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.




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  • GCD
    07-27 10:07 PM
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.

    Gurus. Please reply. Thanks a lot.



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  • div_bell_2003
    10-14 07:43 PM
    You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.

    My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.




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  • brintonwhite
    06-07 06:14 PM
    nice stamps



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  • padma lakshmi and ted forstmann. padma lakshmi today show


  • BMS1
    08-21 12:06 PM
    Congrats.

    Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.

    Thanks. Applied at VSC and got transferred to TSC. Actually my PD was 09/29/2005.




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  • Padma Lakshmi and Teddy


  • kish006
    12-25 08:56 AM
    agc2005,

    Thanks for the reply.
    I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.

    THanks

    Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
    Please send your experince.

    Can I make this expedite. As I planning to go to India in Jan.



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  • chi_shark
    07-07 11:00 AM
    as i experienced, almost all attorneys will ask you to file ac21. some attorneys charge as much as $1000 each time you change jobs... its ka-ching for them...

    as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...

    as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris




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  • senthil
    08-21 09:46 AM
    have fun



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  • jungalee43
    02-16 03:11 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.




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  • mundada
    11-06 04:30 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts



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  • pappu
    08-15 11:30 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
    EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.

    EB3 is available rt now however the wait is very long and will move slow.

    in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.

    lets hope some immigration relief happens soon so that we dont live in such tension.




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  • jackdaniels
    06-11 06:46 PM
    http://www.time.com/time/nation/article/0,8599,1631758,00.html?xid=rss-topstories



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  • wandmaker
    11-05 09:10 PM
    You dont need to pay the fees, as it is USCIS mistake - Send the new application form with a cover letter, you can send it yourself.

    Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?




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  • intheyan
    03-31 11:27 PM
    yes u can



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  • seahawks
    07-02 12:07 AM
    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?

    I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
    Wait until my attorney gets back to me
    Go for the FP and probably explain to them and see if anything can be done.
    Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.




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  • desi3933
    02-09 05:05 PM
    what is NCR Region???

    National Capital Region (http://en.wikipedia.org/wiki/National_Capital_Territory_of_Delhi)




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  • jonty_11
    07-14 02:01 PM
    Hopefully so..Thanks
    no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.




    pd_recapturing
    04-04 03:25 PM
    It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.

    "In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"




    ash0210
    07-18 11:21 AM
    My GC is approved but still I want to continue my contribution (in steps of $20) for this good cause....However, I dont see any $20 contributions for last couple of weeks..Is it possible to start contribution of $20 for guy like me who have GC & wants to help for this cause?



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