Monday, June 13, 2011

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  • rahul2699
    05-20 08:01 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    and your question is?





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  • jetflyer
    06-08 11:49 AM
    Thanks for opening this thread, I have a question which is not related to IV's core cause but suitable to this thread.
    I want to ship my car to India and don't know where to start, I would appreciate if someone could share knowledge/experience.
    Thanks in advance.





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  • chanduv23
    07-10 01:20 PM
    It appears to me that we should file all I-485 applications in July. Even if the advantage is illusory or marginal, it may be a good idea to file. If your application is ready to go, it should be filed. Regards. Rajiv.





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  • meridiani.planum
    07-13 12:32 PM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny

    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.



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  • yabadaba
    07-23 07:09 AM
    bump





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  • GreenLantern
    06-06 11:55 PM
    Hey lermit,

    Thanks for your interest. Unfortunatly, I am pretty busy at the moment. I can't help you out at the moment, but maybe later.

    Tell me about the TGG team? What are they? What do they do?



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  • fromnaija
    09-15 10:52 AM
    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.





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  • snhn
    11-06 11:55 AM
    WEre there any LUD on your case before you all got them.



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  • db_greencard
    08-21 11:09 AM
    I saw someone post today with July 19th getting checks encashed.





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  • vikaschowdhry
    06-02 06:55 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?



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  • sivakumar
    01-25 09:06 AM
    Hello everyone,
    I went online to check the status of my I-485 and it displayed me the following message

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    What does it mean? Does it mean that I-485 is approved.

    Pls guide.

    Kapil
    call customer service as it says they will tell you exactly waht happened





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  • harivenkat
    05-17 02:36 PM
    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.



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  • gc??
    12-09 08:42 AM
    Dream passed the house.
    Upto the Senate now........





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  • GCard_Dream
    09-10 12:54 PM
    The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:

    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS



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  • scorpioca
    05-19 09:38 PM
    Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.

    I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
    Has anyone been able to change the place of birth?


    Thanks





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  • bbenhill
    12-02 06:21 PM
    When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).

    When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).

    BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.

    my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.

    ps : if this helps u, give me green ... :D

    Thx




    My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP



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  • kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    ===

    ...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 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.

    ===





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  • whiteStallion
    06-18 06:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.
    ...


    Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...

    I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...

    Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.





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  • agc2005
    10-26 11:02 AM
    July 2nd filer, checks cashed on 10/16, still online status not available.





    anjs
    11-20 02:18 PM
    I think there is nothing called State chapter link.. we have to come together and form a group.

    Please reply to this thread and express your interest to join TN chapter.

    I will consolidate.

    Sorry. i did not saw your post until now.

    I am in Knoxville.
    One or two members from different cities in Tennessee posting on this thread.
    Is any group formed for Tennessee.

    Thanks

    Suresh





    howzatt
    07-18 10:32 AM
    Guys,

    If we cannot even contribute $10 PER MONTH, that is really really cheap of us.




    eb3,

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...



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