Wednesday, June 15, 2011

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  • n_2006
    06-20 02:30 PM
    As you are joining employer to file 485 negotiate so that you can file on your own. Get all the documents you needed and then join that company. Coz he can make good money over these 6 months there is no reason for him to refuse.

    Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
    Otherwise I will be from nowhere .





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  • ImmInd
    12-01 12:38 PM
    Yes! I have my H1-B Case Filing Receipt Notice with EAC number.

    I see the same message (as you posted) when I tried to see the status first time around Mid Nov. I thought it may take few days or a week to appear online (based on the past). But, same message till now!!

    Something is not linked right and may be due to some upgrade USCIS were doing in last few months. Not Sure!!!





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  • Gravitation
    04-09 01:12 PM
    We must think about what we do after CIR fails.

    US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.

    Who knows what'll happen. All we can do is to give it our best shot.





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  • hsingh82
    03-09 09:47 AM
    Dear All,
    My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
    We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
    We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
    Amar

    Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).



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  • gk_2000
    05-02 07:05 PM
    trojan -- Thanks, even I found your posts helpful. Sounds like a good idea :)





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  • InTheMoment
    08-12 06:16 PM
    Even when NC is pending the actual EB1/2/3 GC is a regular 10 year validity (validity of the card) GC with no annotations/conditions.


    How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?



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  • GCNaseeb
    10-30 06:04 PM
    I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.

    My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?

    Gurus please advise.

    http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1





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  • sac-r-ten
    01-08 11:41 AM
    deepakjain:thanks for the latest info on this.
    Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?

    jkm2282, sorry for hajacking your post. Any updates from your side?

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.

    Deepak



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  • RollingStone12
    04-25 02:48 PM
    SURE I WILL GO BACK NO PROBLEM AND TAKE ALL THE MONEY I EARNED WHILE LIVING HERE.......OH BTW I am a AMERICAN CITIZEN...LOL !

    Take whatever Sh&*t you want...dont forget your son.

    BTW its not 'a' American and its 'an' American.

    Big LOL :)

    P.S: Dont tell your son you have money...:)





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  • glus
    05-13 11:26 AM
    Staying abroad constitutes "abandonment of U.S. residency." It is not related to "immigrant intent" at all. Worked for an Immigration Law office for long.



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  • Googler
    02-07 05:53 PM
    http://www..com/discussion-forums/i485-1/65787841/last-page/

    "I called up an IO at NSC and they said they are swamped with the news of the 180 day NC requirement. She did confirm that this was true and that cases were being moved into different areas in order to get assigned to Officers. Mine being one of them."

    So the USCIS finally knows about it :)
    On the other note, those 88 cents I spent to download that document from the court site are my best investment since I've bought a house. Anybody needs green points? :)

    http://www..com/discussion-forums/i485-1/65831051/


    What is interesting is that both Zest2003 and Zenfloater on are EB-3 India with priority dates in Summer 2003. So neither of them has a current PD.

    I had three separate conversations in the last few weeks -- with a TSC IO, with staff in Michael Aytes office and with staff in the Ombudsmans Office, all of whom confirmed that cases are not assigned to adjudicators if their priority dates are not current i.e. no preadjudication of retrogressed cases.

    I made strong arguments to both staffers about how unjust this is since if dates move, retrogressed cases won't be good to go, and unused visas go to less retrogressed or unretrogressed categories.

    Now these two posters on seem to suggest that retrogressed cases are being given to adjudicators....it would be great if other retrogressed applicants posted about what they are hearing.





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  • rameshvaid
    04-07 10:30 AM
    You should be getting the cards with in this week. A friend of mine got them within 10 days of getting the mail.

    Congrats and start celebrating.

    rv



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  • theconfused
    12-15 09:57 PM
    Dear Nousername,

    Thanks for your reply.

    My time period without pay stup was 4 months and 14 days = 134 days.

    How much was the gap (without pay stub) for you?

    Thanks





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  • same_old_guy
    04-13 04:22 PM
    Just saw it in AILA site :

    http://aila.org/content/default.aspx?docid=22101


    Is this same as Skill Bill with a new name ?



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  • tabaching
    10-22 12:43 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks





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  • WeShallOvercome
    11-13 04:55 PM
    USCIS has accepted my application and we received the receipts today. Thanks to USCIS. They are being lenient.

    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now



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  • arc
    10-26 12:44 PM
    Mrane and Lramni

    Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!

    I you say you are out of town on appt date do they ask for a proof?





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  • number30
    03-27 04:08 PM
    I dont understand.
    Why is it limited to 5%?

    If you have more then 5% equity in the business you will go the inverstor category EB5. So green card is not approvable in EB1, EB2 or EB3





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  • morchu
    05-12 07:17 PM
    Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.

    Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).

    Obviously you need to show about your strong ties in home country and why you might want to come back.

    But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.

    Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?

    In other words, I can never step back into the US?





    eb3_nepa
    01-26 12:49 AM
    Pappu,

    DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.





    thuristic
    08-28 09:16 PM
    Gurus,

    Please shed me some light on this.

    I am an early 2005 PD, eb3 ROW, PERM and I-140 approved GC candidate who has been in the US for 5 years. This eb3 retro has convinced me that I should explore my options in Canada and plan to migrate north within a 6 month time frame.

    Since I already have an approved I-140, my question is whether the document will be alive if I do decide to come down again after 3-4 years when retro is no more.

    ....or is my I-140 a sure dead and not even worth bothering? Would appreciate your thoughts.

    Cheers,:o



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