Saturday, June 25, 2011

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  • anurakt
    12-21 04:19 PM
    I promise ... last bump of the day !! or may be not......:D





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  • ram006
    07-17 09:35 AM
    I meant re-apply for her 485

    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,





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  • swarnapuri
    07-09 09:04 AM
    There is a reason FOX interviewed this fucker... I'm not a big fan of FOX news; another set of conservative idiots.

    Do not use inappropriate words.





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  • Libra
    08-29 02:05 PM
    If you are before july fiasco and after july fiasco filer

    and resides in MN/WI/IL/OH/PA/IN

    http://immigrationvoice.org/forum/showthread.php?t=12599&page=3

    or resides in MA/VT/ME/RI/NH/CT

    http://immigrationvoice.org/forum/showthread.php?t=12628

    or resides in NC/SC/GA/ FL

    http://immigrationvoice.org/forum/showthread.php?t=12632

    or resides in tri-state

    http://immigrationvoice.org/forum/showthread.php?t=12567



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  • Pineapple
    08-05 12:37 AM
    An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.

    If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
    (USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)

    Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.

    PS: I'm not a lawyer, so don't shoot me, please..





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  • ns007
    01-04 09:37 AM
    1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.

    2. If employer is paying for it, ask them that you would pay for the second I-140.

    3. If employer does not agree on either of the choices listed above:
    a. File for EB3 I-140
    b. Join a new employer and file a new EB2 labor and port your EB3 priority date.



    They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.



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  • ramidiskr
    01-09 04:19 PM
    I am in similar situation,
    But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?

    I would mail the AP once it is approved and can she come back with AP?

    I would be maintaining my H-1 status all the way through......

    Please advise!!!





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  • loveiv
    06-06 12:24 PM
    Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.

    Following are the most common criteria I heard
    1) Employer did not ran the pay check even though he/she worked for that employer
    2) Employer Deducts money for H1B filing, bench period etc.,etc.,
    3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
    4) Deducting money for Bench period in advance...

    Good job.



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  • H1Girl
    08-16 07:19 PM
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.

    Fire your Paralegal, if you can...





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  • nifedge
    04-23 10:01 AM
    Hello!

    I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.

    As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).

    So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).

    One line answer: Your wife should switch to EAD right before her I-94 expires.

    My obvious advice is to consult a lawyer.

    Anyone on the forum, if you think what I said is wrong, please correct me.



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  • santa123
    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts





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  • pappu
    09-23 01:32 AM
    http://video.google.com/videoplay?docid=-1999333595666035699&hl=en

    Voice of America coverage. (in Hindi)



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  • cableching
    08-14 08:23 PM
    My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

    It seems like USCIS automatically ported the PD.

    My EB3 PD is April 2003 and working for the sponsored company.

    I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
    As a matter of fact, I completely forgot about this EB2 140 and this company.

    All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

    I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

    Please advice.

    USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
    You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
    There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
    Don't worry about contacting a lawyer, just update I-9 form with your employer.
    Enjoy the freedom.





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  • leoindiano
    10-01 07:46 PM
    Joe Biden is much more accomplished and respected person than what that video shows. He is freindly not recist in what he said, Forget and move on...

    If you ask sarah palin, about india, she will ask you "where is india? i cannot see it from alaska?"



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  • gbof
    10-16 10:13 AM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality

    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.





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  • anurakt
    12-27 09:31 AM
    Hi Everyone,

    Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :

    Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.

    Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.

    Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.

    Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.

    The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.

    I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.

    I would also request other members who attended this meeting to please write there post meeting views.

    Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early :) :) )



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  • mantagon
    07-22 04:22 PM
    The attorney and Roseball are correct - maintaining H4 status and working on EAD are mutually exclusive!

    Your options are:
    (1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
    (2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.

    Hope this helps!

    I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
    My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
    He has asked me to change my status to H4 and work on EAD.

    Can I work on EAD without filing H1B-H4.

    or
    After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
    Will this affect anyhow on my chances of approval of my AOS?



    Appreciate your response.





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  • crazyghoda
    10-05 10:42 AM
    Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.





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  • singhsa3
    01-07 11:17 AM
    It is a family event also, so please feel free to bring your spouses, fiancee , kids, etc..





    imm_check
    11-06 06:13 PM
    Who issued the checks ?? Was it you or your employer ?

    My employer has issued the checks





    karan2004m
    07-29 01:38 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.