Wednesday, June 15, 2011

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  • fromnaija
    07-20 04:57 PM
    It all depends on your friend's priority date as well as her scheduled delivery date. The only problem is if her PD becomes current before the child is born or her case is approved before the birth.
    To prevent all these hassles she may be advised to give birth to her child in the US unless she does not have that choice.

    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?




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  • SU1979
    10-09 01:02 PM
    Please provide additional details regarding U'r labor like EB1/2/3

    GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..

    Pleaseprovide appropriate titles when U create a thread...



    Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.

    My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.

    It would be great if you could please answer my above mentioned questions explicitely.


    Thanks




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  • inskrish
    09-21 01:48 AM
    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".

    I can understand your frustration, NKR, but sure you will get your turn by Feb.09.




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  • tinku01
    09-17 06:46 PM
    Hi,

    I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D



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  • sc3
    01-09 12:43 PM
    No the current one!

    No, you are supposed to return all I-94s!!.




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  • kabeer_g
    01-12 12:13 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks



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  • trramesh
    11-11 09:51 PM
    /\/\




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  • pnjbindia
    07-20 12:08 AM
    Gcfever007,
    thanks for the post.. on your point below -
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.

    doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?



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  • nousername
    04-07 01:48 PM
    Thanks for a quick explanation.. So basically we are hosed if we leave our employer on a bad note and he decides to use our labor for someone else.

    Follow up questions:

    1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.

    2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?

    3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.

    4. If people in point # 3 are not affected then are they off the leash?

    Thanks.




    In very basic terms.

    If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.

    Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....

    Mind you this is all relates to pre July 2007.




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  • abe1
    12-27 12:07 AM
    Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )

    According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.

    The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .

    Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?



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  • gevgelija50
    02-27 02:39 PM
    So applications from India are in first place with over 300% more applications than the second place? Wow




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  • cjain
    11-12 05:42 PM
    after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..

    i am not a lawyer



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  • imm_pro
    06-13 05:09 PM
    Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus




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  • sanju_dba
    09-14 04:30 PM
    Sorry I should have been more clear.

    I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.

    I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.

    I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.

    I got it.
    I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
    At this stage they might have spend money on LCA only + for attorney fee if any.
    Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
    H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
    Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:



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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • DDash
    04-05 12:07 PM
    Someone pls respond if you think you can help answer my questions. Pretty please.



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  • WillIBLucky
    12-08 08:21 AM
    Are you saying that the bill is going to be voted today? And moreover if it even passes will it have to pass in house as well to become a law? from the excitement yesterday I got the feeling if it passes in senate we are good.

    can someone clarify this for me?




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  • dipmay2002
    03-06 12:49 PM
    Me and my wife applied for EAD on July 2nd, 2007 and got EAD in first week of OCT with error on both cards; they swap our A#s; My card has my wife's number and my wife card had my A #; I talked to CR; asked me to send both cards back; waited for 3 months for new cards, took infopass in DEC...created atleast 5 SR ..resend 765 applications 3 time to TSC....keep calling them ....and at the end we got corrected cards last week....




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  • fortune50
    07-17 09:24 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help




    adusumilli
    04-18 09:55 AM
    i know this data is from OH LAW website. can anyone confirm it's accurate.

    Thanks
    Gopi




    karthiknv143
    05-14 01:14 AM
    __________All Other________ China _________ India __________ Mexico _______ Phillipines

    EB-1_________ C ____________ C ____________ C ____________ C ____________ C
    EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
    EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
    Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03


    Everything else is current.

    Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html

    There are many links on this.. Please check the discussions..



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