Wednesday, June 29, 2011

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  • EndlessWait
    01-03 05:25 PM
    On Sept. 14, President Bush signed the Honest Leadership and Open Government Act of 2007, an ethics and lobbying reform bill, which enforces a number of new restrictions.

    Under the new law, lobbyists are prohibited from providing gifts, food, beverage and travel to Members of Congress, their staff or employees. A violation of this law could result in civil fines and/or criminal prosecution for the Company and individuals involved.



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  • sreenivas11
    08-27 01:19 PM
    Hi Guys,
    Please participate in this poll

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  • gunabcd
    07-17 04:17 PM
    Is there any legal issues?

    Is it a good idea?
    It's a BAD idea. It has been discussed for several 100 pages, and thrown out of the window by the experts and core group.

    Remember couple of things:
    1. Suicide attempt is illegal in the USA
    2. Satyagrah is to correct any injustcie. If there are too many people applying for GC than the available number of visas then long wait is inevitable, that's not injustice.
    3. Satyagrah/hunger strike is a last resort meaning only when you run out of all other option such as Legal Battle, contacting Govt/politicians etc. Did you file a law suit yet about revised July visa bulletin?

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  • roopamadhu2004
    03-14 12:45 PM
    Employer 1(Very small company and doesn't exist anymore):
    1) Labor cleared,
    2) I-140 approved
    Then Joined in another company (Multi billion company) Employer 2:
    1) Labor cleared
    2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
    3) Still waiting for Green card

    My priority date: Sep 2002 (It is carried from first employer)
    Still I am getting H1 B extensions - every 3 years with Employer 2
    But my wife is working in EAD

    In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
    1) Labor cleared
    2) I-140 approved Mar 2011.
    3) Priority dates are not current and waiting for it.

    My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
    2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)

    Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
    2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
    3) Then does it mean my wife is working illegally?
    4) When is the best time to backout (My wife is not happy to leave her current employer)?
    5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?

    Please let me know. I appreciate your advice and help!


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  • Googler
    07-19 01:26 AM
    Read Section D of the Ombudsmans 2007 report. He also discussed some of these issues in the 2006 report.

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  • Marphad
    01-06 02:04 PM
    Theres no legal Immigration question in that?

    I just requested one. Hope they approve!


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  • SA EB3 Retro
    10-13 08:55 AM
    Same here.

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  • newworld
    04-06 11:36 AM
    WASHINGTON - Senate Republicans and Democrats closed in on a last-minute compromise Thursday on legislation opening the way to legal status and eventual citizenship for many of the 11 million immigrants living in the United States illegally.

    Sen. John McCain, R-Ariz., said he had been assured President Bush supports the measure, and would publicly say so later in the day.

    As outlined, the measure would provide for enhanced border security, regulate the future flow of immigrants into the United States and offer legalized status to the millions of men, women and children in the country unlawfully.

    "We've had a huge breakthrough" overnight, said Majority Leader Bill Frist, R-Tenn.

    Not done deal yet
    Sen. Harry Reid of Nevada, the Democratic leader, agreed, but cautioned that the agreement had not yet been sealed.

    Even so, the presence of both leaders at a celebratory news conference underlined the expectation that the Senate could pass the most sweeping immigration bill in two decades, and act before leaving on a long vacation at the end of the week.

    The developments marked a turnaround from Wednesday, when it appeared negotiations had faltered. The key sticking point involved the 11 million illegal immigrants in the country, and the struggle to provide them an opportunity to gain legal status without exposing lawmakers to the political charge that they were advocating amnesty for lawbreakers.

    While final details were not available, in general, the compromise would require illegal immigrants who have been in the United States between two years and five years to return to their home country briefly, then re-enter as temporary workers. They could then begin a process of seeking citizenship.

    Illegal immigrants here longer than five years would not be required to return home; those in the country less than two years would be required to leave without assurances of returning, and take their place in line with others seeking entry papers.


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  • rirelachenrisa
    04-21 03:16 PM

    I am really confused about my current status.

    I am currently on Opt Extension, which expires on June 1st 2010.
    When i filed for H1b visa last year April 2009.

    I got my petition approved, but my change of status was denied.
    The reason was stated as :
    The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.

    Now, I am still in US. Is my status illegal?

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  • ItIsNotFunny
    10-31 11:31 AM
    Just gave you a treat = GREEN point

    but dont ask me if others give you a trick = RED point :)

    All I want is you send mails. That will be my biggest treat.


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  • chi_shark
    12-10 02:41 PM
    I am told by my lawyers that the likelihood of a second RFE is "very slim". This is because apparently, USCIS will only send RFE if they dont have some information about you such as where you work and such. Once they have procedurally collected information (as they seem to have in your case), they might not come asking for the same info again...

    but - as you stated in your question... there is no way to tell for sure...

    sorry if this does not help.


    I received RFE (employment verification letter) from USCIS, texas center two years ago. I was still employed by the company who filed my GC application at that time. So the company replied and my case status was updated. But my PD was not current, so my case is still pending until now.

    I lost job recently, if my PD became current in early 2010, will USCIS EVL me again?

    I know no one can predict how USCIS works. I just want to check if anyone had experience that was checked employment status twice?



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  • bruce
    01-21 09:02 PM
    I am trying to get a green card for the US. My parents are from east asia and I was born in Canada. I went to University in Maryland from 1992-96 and obtained my dental license. I am licensed in the US and intend to purchase a dental office soon. I will still be keeping my dental office in Canada for at least 1 year once I am able to work in the US. I heard about a investment visa however I am not investing more than $400k but it will employ at least 4 US nationals(ctizens). Can I still use the investment visa or can I get a visa for opening a secondary dental office in the US and still keep my existing office in Canada until I qualify for a green card. Also can anyone recommend a good lawyer. How much should it cost for me and my family(wife and 3 children ). Email me if you wish AT


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  • cr52401
    04-23 11:35 PM
    I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
    Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
    Do you recemmend me to call service center or go for infopass?


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  • Sunx_2004
    10-17 07:11 PM
    Is it possible to be on H1B after AC21 is invoked?
    Here is my situation-
    I filed I485, EAD and AP in July with approved I140. This month My company is acquired by new company. Starting November 1st I will be employee of new company.
    I just finished conference call with my lawyer as per him, There is no change in GC process only New Company has to file AC21 after 180 days of filing 485. When I asked him whether I can maintain my H1 after filing AC21 he said yes.

    Is it possible?

    Please advise


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  • alterego
    05-04 11:55 AM
    You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
    Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
    Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
    Good luck.

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  • ashkam
    07-20 01:06 PM
    What does your labor certification have to do with the medical test?


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  • bhatt
    05-22 11:12 AM
    Let us say someone has changed employers after 180 days of 485 application and has no plans to invoke AC21(which is optional) .

    1)What is the process to switch attorneys(from Attorney A to Attorney B)?
    OR alternatively
    2)If we don't want to choose a new attorney, but want all the communictation(such as RFE to come to you), What is the process ?

    I read somewhere that you can do this by filing a new G-28, but not sure of the step by step process and the documentation needed.

    Appreciate as much details as possible from someone who did this.
    Sorry, if this info is already in the forum.

    1. Fill new G28 and singed by the applicant and the new attorney and send it to USCIS
    2. Fiell new G28 form or send a letter to USCIS, saying that the current atttonreny on the file does not represent you any more and to send any future correspodence to the specified address. I think there is a separate P.O addresss you have to send this letter. Check the USCIS site

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  • deecha
    09-03 04:31 PM
    When will they post inventory data? I got bored with analyzing/looking May 2010 inventory. EB3 filers like me needs something to munch on for next couple of years.

    Note to USCIS: don't delay your release dates of inventories. Keep us busy ...

    Funny. Nothing like using sarcasm as humor to lighten the mood, eh ?

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  • lonedesi
    09-22 02:17 PM
    USCIS Expands I-140 Promium Processing to EB-1B (Outstanding Researcher) & EB-2 (Except NIW) Effective Next Monday, 09/25/2006

    USCIS is scheduled to accept I-907 Premium Processing Request for Outstanding Researcher I-140 Petitions and Advanced Degree or Exceptionary Ability I-140 Petitions beginning from Monday, September 25, 2006. The categories of I-140 petitions which are excepted from the premium processing services are: EB-1A (Extraordinal Worker), EB-1C (Multinational Corporate Executive/Manager), EB-2(NIW).

    02-09 11:42 PM
    Can the core group let us know what are they targeting right now? Are they targeting CIR next month? The lack of direction will really lead to less contribution. Without that,I will have a hard time convincing other friends about IV.

    Have the core members given up and decreased their activity?
    Core group is working hard and is commited despite lack of full support and nagative comments they get on this site or other sites. Work will go on no matter what.
    Pls join your state chapter to know what we are doing and speak with us directly and get direction. You will also get updates.
    In your CA state chapter there was a conference call tonight and I was invited. I joined in and only the organizer and myself were there. There was nobody else there. We both spoke for one hour and I gave update to that member because I felt that I should value a commited member who is willing to make an effort and will be willing to do the work even if it means doing it alone without help from fellow members. We request members to help themselves by helping us and we can all togeher achieve our aims.

    03-24 03:13 PM
    Hello everyone,

    It is extremely unfortunate but I have lost my green card. I can�t seem to find it anywhere. I know that it has not been stolen, just lost! I need to apply for a replacement green card ASAP. I need to submit some initial documents along with my I-90 form for it. I have been trying to search on the internet regarding it but I can�t seem to find a clear answer.

    Long story short, could somebody please tell me what initial documents are there to submit along with my I-90 form? I have a copy of my original green card, but is there anything else required? Am I required to submit my photos along with my form?

    I would highly appreciate if someone could reply to my queries ASAP.

    Thank you very much in advance.

    When my wife lost it, I sent the copy of the green card along with I-90. I also went to the local USCIS office to get the stamp of I-551 on her passport as well.

    I believe they will schedule for fingerprinting and photo will be taken at that time. (eventually we did found her missing GC and cancelled the request and hence did not go through the entire process) :)