Friday, June 10, 2011

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  • GCBy3000
    08-23 04:40 PM
    Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.

    be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.

    hmm no shootings now... I am venting my frustrations. You too can do.

    I talked to the contact person at competeamerica.org

    According to him They won�t vote on any immigration bills till after the election.

    So it seems it will be after november only.

    But look at the positive side. We have more time to contact the law makers.





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  • rajeshalex
    10-01 04:34 PM
    We can suggest this to ombudsman. Its wastage of time and money on the applicant and the USCIS(tax payers money)





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  • bho123
    08-11 11:33 PM
    Guys
    I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.

    Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.

    Can some one post the FAX #s to expedite EAD requests?


    yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).





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  • desi3933
    09-10 10:34 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?


    As you have I-140 pending (from Employer A), you are eligible for 1 year H1-B with any employer.

    Please check with your attorney.

    ____________________________________
    Proud Indian-American and Legal Immigrant



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  • sanjeev_2004
    10-11 05:39 PM
    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:

    I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
    I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.

    Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.





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  • snhn
    10-23 05:09 PM
    Hello all,

    is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.

    I have some co workers who got their EAD and AP approved on the same day.

    so just wondering if there could be something wrong or is this normal.

    Our cases are in Texas.

    Thanks!



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  • dessoya
    10-20 04:09 AM
    congrats, phat7! =)

    ~:azn:





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  • gc03
    05-25 07:28 AM
    Faxed!!!



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  • chakalov
    07-31 04:23 PM
    Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.

    Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!





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  • Krishanpal
    07-22 07:25 AM
    I guess NSC is much faster than other centres. I am not sure if they have more staff than others.



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  • Caliber
    05-25 06:13 AM
    Fax Sent





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  • sunsuri
    08-02 11:52 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.



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  • needhelp!
    01-28 05:34 PM
    How can we be sure unless we ask them?

    Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

    Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.





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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved



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  • vactorboy29
    06-29 04:44 PM
    Last year I had applied for Schengen business visa. I was able to get using Blue cross blue shield Letter saying about their international coverage.Call your insurance and ask them to fax coverage letter.
    One more thing when I had applied for visa they just issued for specified days as it was mention in business invitation letter. Then I end up reapplying it to get for four months.

    Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".

    What are my options. Can you guys suggest where I can buy the insurance from.





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  • shana04
    12-31 01:48 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).

    You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.

    Good Luck and let us know how it went through.

    All the best for you and your family.



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  • lonedesi
    07-14 08:38 AM
    Very interesting facts about last year's GC allocation for EB category. Here is the top 15 countries that used up last years GC under this category. Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    Philippines 23,733
    India 17,169
    Korea 10,886
    China, People's Republic 9,484
    Mexico 8,864
    United Kingdom 6,409
    Canada 6,382
    Brazil 5,553
    Ecuador 3,990
    Poland 3,710
    Colombia 3,242
    Pakistan 3,136
    Venezuela 2,308
    Peru 2,305
    Germany 2,197

    For people curious about the family based allocation, following is the top 15 countries that used up last years GC's

    Mexico 62,998
    Dominican Republic 17,563
    China, People's Republic 16,573
    Philippines 16,020
    India 14,525
    Vietnam 12,781
    Jamaica 6,218
    El Salvador 6,003
    Guyana 4,954
    Colombia 3,828
    Pakistan 3,777
    Haiti 3,624
    Bangladesh 3,384
    Ecuador 3,095
    Poland 3,051

    These & more interesting information can be found in the spread sheet posted by DHS on their website
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls





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  • karn.anand
    11-02 07:32 AM
    i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838





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  • learning01
    03-23 04:22 PM
    With a fast and swift response, one of the moderators from IV provided me with a general format.

    I modified it and have posted here below. I had already sent to Nedra Pickler (npickler@ap.org) and Elliot Spagat(espagat@ap.org
    ). I have all the emails of media contacts and in the process of tabulating them alphabetically, so that viewers in a hurry can see them easily, before posting here. Comeback and check again.
    Network Program Anchor Email:
    MSNBC

    Coast to Coast Connected@MSNBC.com
    Abrams Report abramsreport@msnbc.com
    Hardball Chris Mathews chris.matthews@msnbc.com
    Hardball Chris Mathews hardball@msnbc.com
    Countdown Keith Olbermann countdown@msnbc.com
    Countdown Keith Olbermann KOlbermann@msnbc.com
    Scarborough Country Joe Scarborough joe@msnbc.com
    The Situation Tucker Carlson tucker.carlson@msnbc.com
    News David Shuster dshuster@msnbc.com
    News Brian Williams brian.williams@msnbc.com
    MSNBC Investigates msnbcinvestigates@msnbc.com
    MSNBC Reports msnbcreports@msnbc.com
    Meet the Press mtp@nbc.com
    Viewer Services viewerservices@msnbc.com
    Feedback feedback@msnbc.com
    Imus in the Morning Don Imus imus@msnbc.com





    cherupally
    09-17 05:43 PM
    If you don't mind sharing, what is the date on the RFE letter?

    9/2. Recvd in mail on 9/8. Replied on 9/11. Recvd at TSC on 9/15. Status changed to 'processing resumed' 9/17.





    pom
    10-02 02:30 PM
    Hey, you should put that in the wallpaper section, it's nice (game is advancing by the way :))

    pom :)



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