Wednesday, June 15, 2011

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  • RNGC
    07-12 01:08 PM
    Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

    People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

    By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

    Here are the things that needs to be fixed...

    1. Country quota
    2. Recapturing visas.
    3. 3 year EAD/AP
    4. End the endless wait ( Proposing a new law )
    5. Remove the same/similar confusion in AC21


    What is "End the endless wait" ?

    EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

    Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

    Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

    Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!





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  • pa_arora
    03-26 04:38 PM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
    I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.





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  • prem_goel
    11-25 01:25 PM
    Please make sure you understand and read all the rules before coming to any conclusion. The rule is that only H-1b renewals who had atleast one stamping in their home country are allowed for renewal stamping in Tijuana. I had two previous stamping done at India for my H-1B and this is my renewal, so I am okay.





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  • amsgc
    06-16 01:45 AM
    I haven't had to get that fixed - sorry can't say.



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  • cdeneo
    07-27 02:01 PM
    What if one decides to go back to school to get another degree when on EAD, is this possible?

    The only issue I see is that you need to have a job lined up when your GC is close to approval and you get a RFE for proof of employment for example - is it a norm to get this kind of RFE or at most times you just get the approval notification for the GC?

    Any insight in this regard will be very much appreciated.





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  • GCOP
    08-22 01:21 PM
    EAD Renewal RD: 6/24/08 at TSC

    Still Waiting for EAD Renewal Approval



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  • bkarnik
    04-17 03:37 PM
    But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.

    My 2 cents..





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  • raysaikat
    10-10 05:58 PM
    Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!

    There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

    At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

    You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.



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  • tonyHK12
    02-19 01:19 PM
    you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.

    Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.

    @Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.





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  • lj_rr
    09-01 04:21 PM
    Thanks gcwanted101.
    So it looks like G639 is only for requests to USCIS and not for DOL.

    Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
    I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.


    Hey lj_rr

    "Also for the labor copy, should the request be sent to USCIS or DOL?"

    For Labor : you have to send request to DOL.
    For 140 : you have to send request to USCIS.



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  • yganreddy
    09-01 12:01 AM
    They would have been happy with their half loaf.





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  • harsh
    07-08 11:07 PM
    Gave it 5 stars. Good job. Hope CNN picks your video.



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  • solraj
    03-26 01:14 PM
    There is no such guarantee of moving forward all the time.It all depends on how many visa #'s are currently available and how many have been utilised.If USCIS starts using #'s allocating to each app currently "CURRENT" it leads to no available no's and it will retrogress.So it all depends how many GC's are currently pending before Dec 2003 utilizing the #'s and how many of these are allocated no's.So we never know.I am not trying to be pessimistic but reasoning it.





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  • casinoroyale
    01-07 11:47 AM
    Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".



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  • pappusheth
    05-02 11:51 AM
    based on what bbct said, they'll give me i-94 with expiry in Aug 2009 which is my visa expiry date (I don't have AP). just curious.. how does the i-94 expiry date matter? what significance does that date have?

    Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?

    Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.

    pappusheth





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  • PlainSpeak
    04-07 02:03 PM
    Please stop this discussion about US university and Indian university or for that matter about octopus

    This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it



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  • bluekayal
    09-16 04:01 PM
    you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.





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  • newbie2020
    03-21 06:07 AM
    When we had our baby, There was lot of insistence from parents to have the baby born in India. Me and my wife had a discussion and we decided it is best interest of the baby to be born in US. We didn't want him to go through the same pain of H1,H4, EAD, GC etc and opted to have him born in US. Yes i know it is little tough since you need your parents to come and stay for few months once baby is born But i would advise go for having your baby born in US than in India. We always thought this was one of best gifts we were giving to our baby when he was born.

    As far as your case is concerned being on EAD will not help if baby is born in India. You will either need to change your status to H1 and get baby on H4 and subsequently EAD or be prepared to have the baby grow in India until your priority dates become current. So choice is yours.





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  • kumar26fl
    09-22 11:53 PM
    "Word-of-Mouth" seems to be the most effective way of campaigning! I had sent mails, and left voice to couple of my friends some time back. They became aware of IV, but not yet registered. Talked to them today, and got both of them registered. (kasas & aksrao).

    Requested them to spread the word, "IV". I am sure they will read this thread and campaign for "IV".

    Thanks





    thomachan72
    01-24 03:09 PM
    Probably around April 2007. I was hoping it will clear till July 2007 but does not look like

    Lets hope for a miracle!!





    moe
    02-11 08:06 AM
    wow.. thanks guys.. you guys so nice..i didt come illegal here.. like you see i said i lost my statu becouse some thing stupit happens..and i try to stay legal..anyway..thank for you support..



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