Thursday, July 14, 2011

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  • sunofeast_gc
    02-22 12:40 PM
    it seems democrats are making this bill so liberal that even liberal republican will have tough time to support it.... in that case democrats can say republican are not in favor of immigrants and Bush is not able to manage any support from his party.... We can't say anything for sure...but a very liberal bill will have really tough time to go through.....





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  • rajabeta
    09-26 12:23 PM
    saw my bank a/c online and saw the checks being cashed. also got LUD on 485. when do you guys think I can expect AP?
    I have updated my signature as well





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  • abhijitp
    07-19 02:49 PM
    My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
    They did not even let me file my EAD and AP along with I-485.

    I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.

    I'm sure there would be many in this situation.

    Any thoughts what can be done?

    I am in the same boat. I have asked my paralegal about it a few times and he seems reluctant. He said they don't normally do it. By law, are they not required to let us have the receipt? Like you, I do have the receipt numbers, but not the physical copy of the receipt. Like you, I currently have no intentions of quitting, but I would like to have a copy... just in case.





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  • MD_123
    04-10 12:39 PM
    Latina:

    I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.

    IV team, if I'm wrong about this, please correct me.


    The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.

    What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).

    1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit

    2) With the hard quota, this 10K now goes to UNSKILLED immigrants.

    This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!

    Can I be any clearer?



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  • GCIsLuck
    10-05 07:40 PM
    One of my colleagues got audit for two consecutive years and he received his green card last month.

    My worry is what if we pay panalty after IRS final decission on audit ?

    Did your friend have to pay the penalty any any of those audits.

    Thanks





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  • Munna Bhai
    12-03 03:41 PM
    Gurus,

    Here is my situation:
    I-140 approved - PD: May '06
    I-485 filed - July 30 '07 (India)
    EAD cards - Received
    APs - Received

    Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.

    I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!

    Use EAD and you can be on both company's payroll and safe..relax, don't worry much..I-485 is filed and company is willing to help for 180 days.



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  • Naruto
    10-05 05:21 PM
    I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.

    Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!

    Cheers,

    LRIndy


    How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?

    is there a relationship between taxes and Immigration?





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  • Dj-Studios
    05-26 11:08 AM
    Ok I am changing up the style a bit. :D Oh well that's what I do in most of my battles. Maybe it's because I've been doing techy stuff lately. Oops I told you what I was doin. Oh well....:P Again I wish I knew how to do 3D stuff.



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  • subrarama
    02-21 10:42 AM
    Hi-
    How early can I apply for the H1B extension. My current visa expires in mid of June 2008. How many days in advance can I apply for my extension.

    Thanks





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  • willigetgc?
    02-25 01:10 PM
    With that said, let me be a devils-advocate, if you will, and ask these questions:

    Given ours is a issue-based, goal-based struggle, with Goal & Issue being same for ALL EB immigrants:
    --- Why should I expect all immigrants to wear any organization's badge, be dedicated to any particular/one organization, whether that Org is IV/Democrats/Republicans/Congress/BJP
    --- Shouldn't I be just worried about who can SHOUT louder about my issue and less worried about the Organization that's making them SHOUT?
    -----

    Thanks for the discussion again.

    Hypothetically speaking, let's assume all the 55,000 members in IV are active but are not organized under one umbrella (IV). Each of them have the same problem (stuck in the backlogs) and each of them approach lawmakers. Each discusses their own personal case and each of them discuss about a solution that fits them - (human nature). Some of them may be the very same provisions as IV. But will these 55,000 people mention all the provisions? chances are - No.
    So, there will be no coherent messaging, even though there are 55,000 people participating simultaneously.

    Second, without being an organized unit, we loose the collective strength. Say a lawmaker is interested in fixing our problems - his task will be tremendous - he probably has only 10 people who have approached his office to fix the problem - so not only does he have to find out if there is a wide range of people affected by this problem, he also has to contact each of the 10 people individually. Guess what? he too will suggest for the 10 people to join forces and be under one umbrella.

    What I am trying to say is that IV has already brought us together. It has built good relations with key people in DC. It has done the ground work. Why not build on the sound foundation?

    In life we are ready to be grouped as Indians, Indian-Americans, Asians, Male, Female, Married, Unmarried, Hindu, Christian, Muslim, political organizations (we believe in one or the other - independents, democrats, republicans, congress, bjp), Unions, Employees of Cisco, IBM, Desi Consulting - what is wrong in identifying oneself in a group if you believe in it? By nature we are a collective group, but we think that it is wrong/unnecessary to belong to a group! We think we are smarter for being independent. But the truth is that even the most independent of the guys lives in a society. He may not accept it, but that does not change the facts.

    Bottom line is, what each one of us believe in. If we believe in a cause, we will find a way to work on it. Quantity matters only when there is quality. If we have to depend on only one, my preference would be on quality. I want the loudest person, but at the same time, I want that loud person to be shouting the message that I want - or else it defeats the purpose.

    Leo, this is just my opinion, not IV's - though I would think IV will agree with me. I believe in collective strength and individual's logic to think matters through (no brainwashing!).

    I have nothing more to say.



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  • pd_recapturing
    10-19 01:56 PM
    I did some more research on this topic. Here are some links:

    http://boards.immigration.com/showthread.php?t=205051&highlight=interfile

    http://www.immigrateusa.us/index.php?option=com_content&task=view&id=75&Itemid=58 (Search for "Interfiling of I-140 and I-485")





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  • h1bmajdoor
    12-24 05:14 PM
    do you remember the case of the girl who came to the US as 1 year old and is now some 27 years old and still on H4?

    She knows no other place than the US and can be kicked out anytime the husband goes out of status.

    Think of her.



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  • pappu
    06-20 09:30 AM
    My I-140 was never approved..

    there was a first RFE for my exp letters,

    and then there was an enquiry against Employer
    and then RFE for A2P
    and after answering A@P it is denied.

    while it was pending, during July07 fiasco we applied for I-485.

    Do you know why there was an inquiry against Employer?

    Your case seems different





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  • Dhundhun
    08-05 03:48 PM
    All,

    anyone knows about this visa, is this family sponsorship GC ?

    Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.


    What do you want to know? I130 and I485 needs to be filed. Both Counselor Processing as well as AOS allowed.

    This is current Priority Date
    --- China ---- India
    2A 01OCT03 01OCT03 For Spouse and Children
    2B 01NOV99 01NOV99 For Unmarried children above 21

    For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.



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  • PD_Dec2002
    08-07 08:22 PM
    I'm not sure about H1 after using AP. Make sure with others.

    Yup, I had checked this because even I thought entering on AP invalidates H-1B, but he said that's not the case. In fact, my company still renews H-1B for my colleagues who have used AP to reenter.

    Has anyone heard otherwise from a lawyer?

    Thanks,
    Jayant





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  • Wendyzhu77
    12-24 09:40 PM
    Please kindly remind your friend to withdraw the EB3 485, and file marriage based 485 instead. There is absolutely no need for him to waste a precious EB quota. And, it is believed that marriage based 485 passes NC much faster.
    I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.

    Here are the details

    Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.

    Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.

    October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.

    Jan 2007 : I 140 approved.

    Nov 2007: Took Infopass appointment. Was told case pending name check.

    This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
    Thanks



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  • kaisersose
    07-19 04:00 PM
    Do they have a signature authorization from you? If not , they can not send a G-28 that is not signed by YOU !

    On the first page of 485, my employer put his address.

    So I am guessing the 485 receipt will go to him even without any G-28.

    EAD and AP will directly come to you anyway.





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  • balasundaram_s
    07-12 03:51 PM
    Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....





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  • man-woman-and-gc
    03-03 01:38 PM
    I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.

    Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.

    Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.

    My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.

    If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.

    Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)

    Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.

    Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.

    So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
    Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?

    Thanks in advance.





    mojo_jojo
    01-17 08:59 PM
    yes..got laid off and now in the job hunting...i believe everyone has to bear the brunt of the lies of the wars

    good luck friend.

    how about your colleagues?

    are they expats?

    were they laid off too?

    :confused:





    coopheal
    04-18 07:10 AM
    Update:
    The Doctor admitted his mistake.
    He completely forgot to mark the TB test earlier.
    He was ready to back date to avoid more inconveniance to me.
    But I told him to be sincere in all aspects.
    I basically forced him to give my wife a TB test again and also the x-ray.
    Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
    Hopefully they will mark the case as - resume processing.

    I also had some issues with my medical exam. Lesson learned is to have civil surgeon verify and double verify
    the information entered in the exam.
    Best luck to you.



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