Thursday, June 9, 2011

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  • fxok425
    01-09 11:33 PM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.





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  • immigrationSantosh
    02-07 03:29 PM
    Could you please advise how do I get the lawyer for this ? Do you know any in specific?





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  • obviously
    12-08 10:57 AM
    - make sure that you identify yourself and your LEGAL status
    - consider using following 'talking points' to reframe the dialog
    - focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
    - be personable, nice and kind
    - good luck and all the best!!

    In support of SKIL and other relief measures for High Skilled Immigrants:

    NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
    HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

    CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
    HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.

    HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
    HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.

    It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

    Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.

    We seek neither entitlement nor social promotion
    We seek no social service
    We seek no special treatments

    We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

    History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?





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  • meridiani.planum
    04-07 05:00 PM
    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota



    just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.



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  • nfinity
    07-09 10:15 AM
    Before she changes her job so soon after I-485 approval. Make sure you understand the consequences of not staying with your petitioning employer.

    Your intent may be questioned during Naturalization process. Talk to an attorney. I dont think people can just switch employers after 485 is approved rightaway.

    Just my 2 cents





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  • mambarg
    07-20 04:44 PM
    Receipt notice not sure how long. I have not yet got it.
    Approval notice has already come via mail in 7 days precise after status approved.

    Again this is PP. So may be for PP it is only e-receipt and not actual receipt.
    I am not sure.

    This is exactly same case for another colleauge.



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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.





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  • krishnam70
    03-26 12:40 AM
    Roseball,
    This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
    Thanks in advance.

    Comes with a risk at POE. You could be stopped and its happening to H1's too.

    - cheers
    kris



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  • CantLeaveAmerica
    07-21 05:17 PM
    My wife and I received a similar RFE in yesterday's mail. It seems they do not have our form I-693 in their possession. Wonder why they took 2 years to figure that out though we had submitted all documents in its entirety at that time. Anyways, we will be redoing the medicals and sending them the form..an additional $500 for both of us!
    Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.

    Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."

    Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...

    Hope this info helps...





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  • painful_GC
    03-09 09:12 PM
    Anyone ?? Pleaseeeeeeee



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  • newuser
    05-14 10:26 AM
    If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps

    Did you make an appointment?





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  • sanju
    08-01 11:38 PM
    Great effort, glad to see you back walking_dude. Glad that you are not near me, otherwise you would beat me for wanting to kissing you :p



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  • perm2gc
    11-07 04:09 PM
    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
    if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.

    good luck!!!





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  • Nabeel
    10-26 09:37 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    I am not quite clear on your question. Why would you convert from H1 to F1 or B2 ? I think you should extend your H1 in Mar or Apr 2008. Hopefully You will get your Labor approval by end of Nov or December and then you should be able to file for I140. If I am not mistaken you should be able to apply for three years extension on the basis of your I-140.

    Nabeel



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  • gmail
    07-22 01:31 AM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • imm_check
    11-06 06:13 PM
    Who issued the checks ?? Was it you or your employer ?

    My employer has issued the checks



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  • Jyotsna
    08-17 07:46 PM
    "Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.
    Hi joydipatic,
    I have a question shall appreciate a reply. My job code as it appears on the labor certification is from Dictionary of Occupational titles.. 077.127.014 Can I move to 077.127.022. Thanks in anticipation.





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  • ufo2002
    05-31 11:11 AM
    Asian,
    I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
    That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
    But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.





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  • minimalist
    10-02 11:13 AM
    I don't know why the guy brought up sarah palin when discussing joe biden. is it a must that something should be said about her for every gaffee that joe makes?remember how the congressman was sent packing after the macaca comment. why no outcry on this 7-11 comment? double standard?

    Joe Biden is stating a fact that in Delaware most 711s are owned/operated by Indians. It is a fact the same way as most motels are owned/operated by Patels. You might have heard the saying " In US there are hotels, motels and Patels" Where as Macaca comment is making a insult based on how some one looks and also the specific word is a racial slur.





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    03-03 10:28 AM
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    eager_immi
    05-30 02:40 PM
    I agree this crappy bill better not pass and is worse than retrogression. It is screwing everyone at the cost of giving amnesty to illegals. It is such a joke I would have never imagined that they would have the balls to do this, but I guess they are all politicians!!!

    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.



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