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  • coolpal
    03-20 09:34 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    That is true, and I know a lot of people who did that including my wife in 2006.

    pal :)





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  • rajarao
    08-19 03:01 PM
    I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
    a. medical records with child and both parents name
    b. hospital records with child and both parents name
    c. census records with child and both parents name
    d. school records with child and both parents name
    e. religious records with child and both parents name for naming ceremony.

    I do not have any of them, at the most the school record is 10th grade with only fathers name.
    Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


    --------------------------------
    EB2- India/
    PD: June 2004
    RD; July 1 2007





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  • Kushal
    09-15 05:23 PM
    Will join...see you all in the chat room





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  • teachamerica07
    08-01 06:04 PM
    Will it work if the parole stamp on I 94 has expired ?
    Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
    Thanks for your input .



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  • amitjoey
    07-18 01:02 PM
    Please post on the media thread as well, to get attention.





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  • check_name
    07-21 02:02 PM
    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help



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  • same_old_guy
    07-22 03:07 PM
    There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.

    As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.

    Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.

    So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.

    Does it make any sense ?





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  • kaisersose
    05-29 11:17 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    -- No.

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    -- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    -- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.



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  • dassumi
    11-18 10:54 AM
    Unfortunately there is no way around it. So in short, if you do not get your EAD in time, not only can you work but you cannot drive. Interesting times.

    Wonder how illegals manage their day to day stuff without being able to drive. Atleast in TX where there is no semblance of public transport.

    Sheriff Arapio will have a field day if he comes here.

    Do we need to go back and renew again after obtaining the new EAD ?





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  • detroit2009
    07-10 10:43 AM
    ANYONE please!!!!



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  • dealsnet
    01-05 11:41 AM
    First year or 10th year of H1B, the law is same.

    Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?





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  • jsb
    08-21 09:38 AM
    still waiting
    I am not far behind you.



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  • eastindia
    01-20 07:46 PM
    Who gives a shit about anti-immigrant websites?





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  • ramaonline
    01-02 01:40 PM
    Note that USCIS has introduced bispecialization because of which all I140 employment based petitions must be sent to NSC for processing.
    With the premium processing option you should get a case decision within 15 days. If the petition cannot be processed under the Premium option, u will get a refund of the extra $1000 .



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  • immig4me
    09-07 08:40 AM
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

    Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think





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  • eb3_nepa
    02-03 01:07 PM
    The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.

    It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.



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  • answers_seeker
    07-18 10:25 AM
    Guys,
    Can any one explain his comments,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?

    Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.

    This VB fiasco has made us all a little bit too paranoid I guess :)





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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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  • amoschid
    07-18 03:36 PM
    i was reading http://www.immigration-law.com/Canada.html just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)


    thanks in advance :D





    ngaheer
    12-12 02:51 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.





    ronhira
    02-08 08:04 PM
    what line?????? this is a standard bullshit line the disingenuous & dishonest leadership of aila has used time and time again..... this is what they say ..... everytime things appear to stall in the congress .... these con artist start saying that ...... highly skilled employment based green cards are suffering..... america is suffering & losing..... so pass the bill for the UNDOCUMENTED...... otherwise innovation will suffer..... it doesn't even make sense .... its total bullshit...... the job of lawyers is to lie..... but did someone say that joseph goebbels is now in the leadership of aila...... because this sounds to more like someone saying ...... if you tell a lie big enough and keep repeating it, people will eventually come to believe it

    aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......