Tuesday, June 14, 2011

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  • gcdreamer05
    01-29 11:57 AM
    Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....





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  • jazzy2
    05-25 08:47 AM
    Hi all
    called Sen. Lindsey Graham
    and Sen. John Macain

    Both the numbers had an option on leaving a message or opinion on a legislation.

    So i left a message ....

    should i also speak to the staff??

    jazzy2...

    washington dc





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  • chanduv23
    12-24 02:25 PM
    Please post your own blog sites here if you have written articles about immigration and have any videos, cartoons, PSA etc....





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  • VivekAhuja
    06-20 06:33 PM
    There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!

    But still, unless you are going on vacation, do not waste your money.



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  • retropain
    09-05 01:47 PM
    The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.





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  • b.rich
    06-06 12:19 AM
    take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.



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  • nrakkati
    08-15 12:32 PM
    Great.. please contribute to DC rally in anyway you can.

    Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what you are doing to community.





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  • ds37
    07-16 10:21 AM
    Hi

    My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
    Does her AP has to be applied before end of this I94.

    Thanks

    DS



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  • rockstart
    07-16 09:07 AM
    Regarding first point,
    I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

    HTH
    GCCovet

    I will not recommend Marriage Pics. I would say supplimental documentation like Joint Income Tax return, Lease Papers for Apartment, Insurance papers will be better than marriage picture. But then there is no harm in sending them as well. Perhaps can provide some entertainment to IO who might be bored looking at documents all the time.





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  • abhijitp
    03-06 08:15 PM
    Will scan and send on Monday.
    Thanks for taking the initiative! Go IV!



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  • sam_hoosier
    05-22 11:23 AM
    plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
    ;)

    People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)





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  • hpandey
    12-24 03:29 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks

    If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

    If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

    What you are suggesting is certainly possible but complicated.

    Easy way would be to go on AP and use your EAD and AC21 to move to another company .

    But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .



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  • skothuru
    07-18 10:35 AM
    Check with this:

    If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?

    If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.





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  • simple1
    06-18 06:40 PM
    Guys,
    you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?

    1. Address legal immigration first
    2. Illegals will have to stand behind the ones who came in this country legally.


    Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,

    We all need to have faith and work towards making IV and its goal attainable.

    I hope the same.

    I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.

    Thanks.



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  • learning01
    05-24 05:27 PM
    From Bllomberg Update on CIR in Senate:
    ................
    White House Deputy Chief of Staff Karl Rove today spoke for the second time in two weeks at a private meeting of House Republicans to seek a compromise between the Senate and the House.

    Rove, during his appearance, heard complaints from representatives who oppose the Senate's immigration proposal, according to lawmakers who attended.

    ``Even I, optimistic as I am about a lot of things around here, see an immigration bill -- with so few calendar days left - - hard to reconcile,'' said Representative Mark Foley, a Florida Republican who attended the meeting.

    Majority

    Ron Bonjean, a spokesman for House Speaker Dennis Hastert, said Hastert won't move a final compromise measure to the House floor unless it is supported by a majority of the House's 231 Republicans -- not a majority of all House members.

    ``The speaker believes in passing an immigration bill with a majority of the majority,'' Bonjean said.

    Former House Majority Leader Tom DeLay told reporters that passage of a final measure may be helpful in fall elections in which Republicans have ``the wind in our face'' as they work to keep control of the House.

    LINK (http://www.bloomberg.com/apps/news?pid=10000087&sid=aGou1DNa_4Ic&refer=top_world_news) at Bloomber.com

    Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?





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  • sanju_dba
    01-04 12:12 PM
    i would prefer to be a documentary instead of a feature film!



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  • karthkc
    06-02 11:19 AM
    its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).

    Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

    In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

    Here is a posting I found from a while ago on this..

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341





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  • WAIT_FOR_EVER_GC
    11-11 12:51 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
    Every week there is a free call
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.





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  • Oct007
    11-02 11:17 AM
    Sorry if this question has been answered already. I searched and could not find any related threads.

    My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

    My priority date is Feb 2007.

    Is it a good idea to renew my H1B even though I already have My EAD?

    If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

    TIA for the responses.





    green_card_curious
    03-07 09:56 PM
    Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.





    Rajeev
    08-10 03:23 PM
    I hope I am DEAD WRONG. But this seems too good to be true!

    You can read the details of the bill at

    Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)

    Apart from the provisions mentioned in my previous post, there are other favorable provisions too.



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