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  • extra_mint
    10-12 08:34 PM
    The point here is that this is wrong

    1. Extra cost for Immigrants, It is expensive 400 Dollars
    2. There is no logic for this medicine - It makes immigrants guinea pigs for this vaccination. It is clearly a result of lobbying effforts from Pharma companies.

    If We do not appose (or I should say expose) it now then u never know what all they will keep piling on in medical exams and very soon that 5% figure that u talked about will be 100%.

    Also IV is for Legal Immigration for all nationals, I am sure more than 5% of IV members are getting effected.

    It is highly unethical to make this vaccine mandatory for immigrants (girls in age group 11-26) and not for citizens.

    Only the Pharma companies and committe members (as they must have been bribed) are gaining out of this.
    It is going to bring an estimated 40 million dollar annually to Merck.

    Not to mention the extra paper work for us immigrants and RFE's on medicals for people who has already completed the paper work and are waiting in the lines.





    This vaccination is for ladies only and in age group 11 to 26, that really means only 5% of Indians will be effected with the wait times we have been looking at.





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  • saketkapur
    11-06 05:00 PM
    Why not?
    We have nothing to lose....a similar effort was passed last time when Clinton had left office......also the CHC might not whine this time as they will have the senate pretty much behind them next yr to do what they want.....
    Also they might actually want us now out of the line if the illegals are supposed to line up next........

    the job as an USCIS IO seems nice after getting my GC.....:rolleyes:





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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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  • pappu
    03-14 03:12 PM
    could someone volunteer on this thread to set up a call and inform everyone?



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  • casinoroyale
    10-01 10:21 AM
    I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?





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  • pmpforgc
    04-26 09:24 PM
    Completely agree with the point that you are trying to make here. Since the time I have been here, each year I have seen my juniors/friends come to U.S. on h1b visa/F1 visa/h4 visa., pretty excited and having a rosy picture of their future, completely unaware of the mess that we are in. This reminds me of the time when I came here few years ago, absolutely unaware of the green card backlog and the filing process. If I knew then what I know now, my life would have been completely different. Each year, thousands of Indians enter US on h1b/F1 visa, each(or atleast most) of them hoping to have a smooth transition to green card, ignorant of the terms " labor" "PD" "Retrogression" etc. when they do realize the meaning of these terms and their impact on our lives, they get a rude shock. It is unfortunate that people with PD of 2002 (in EB 3 india) are still waiting for their GC 8 long years after applying for it!!Imagine the plight of the youngsters entering U.S. now,who will apply for GC under EB 3 say in 2011 or 2012. Would it be a 25 year wait for them and are they ready for it?

    I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.

    I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.

    I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)

    IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.

    But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.

    IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)



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  • Brasco
    January 28th, 2008, 12:51 PM
    Shannon
    Let me qualify by stating I don't have a D40x. There are a bunch of things you can do, depending on the specific problem. However, if you can set the autofocus points, then set the center point as the default. That way the camera will only focus on what's dead center in the lens.

    You also need an aperature that will give enough depth of field. You don't necessarily need the whole shot in focus, just the right part of the shot. The exact aperature is going to depend on the size of lens you use. A telephoto will require a higher aperature than a wide angle lens to get more depth of field. There are DOF charts available on the internet. The aperature you use will also depend on whether you are using a flash. Also, are you sure it's a focus issue and not a motion issue. A bounce flash may not be the best way to stop action of a young'n.

    It's really hard to diagnoze without specific examples but maybe this gets you started. I'm sure others will contribute as well.





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  • bikram_das_in
    06-18 02:30 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.



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  • gcforall99
    03-17 10:42 PM
    Received a USCIS email notification today, for my pending 485 (EB3), priority date not current. Waiting for the RFE details, the RFE was only for the primary applicant not for the dependents.





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  • Berkeleybee
    03-07 11:30 AM
    Dspg,

    That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.

    I sincerely hope you are.

    best,
    Berkeleybee



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  • krishmunn
    05-11 08:24 AM
    Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.





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  • h1techSlave
    11-18 05:39 PM
    Since you are from Russia it may be wiser to stick with EB3. I am assuming that the priority date for EB3 will be very close to current when you are ready to file for 485. EB2 of course is always current.

    Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.

    If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
    EB3 --> GC when you are ready to marry off your grand children
    EB2 --> GC when you are ready to marry off your children

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael



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  • leo2606
    10-14 07:43 PM
    Check the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=13358
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks





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  • Dhundhun
    07-09 10:08 PM
    I guess Priority mail would have been a better option - The real question is do they go and pickup from the PO

    That's true. Priority Mail + Delivery Confirmation.



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  • saileshdude
    12-03 02:26 PM
    Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.

    I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.

    I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.





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  • SK2007
    10-04 04:00 PM
    Has anyone been to the Mumbai consulate for stamping
    Can you let me know the process?
    Also website where I can get more info?

    Is this a drop docs at embassy .. and they mail it to you kind of thing?

    Thanks
    V

    Couple of weeks ago, a friend of mine went for visa revalidation at Mumbai, he requested if he can come back in the evening and pick up the passports(all family). He was let come in the evening and pick them up.



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  • rajeshalex
    09-11 01:44 PM
    Good idea. We can also say thank you for what ever USCIS has done.[ july fiasco]





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  • gc28262
    12-31 06:17 PM
    Congrats on your I-140 approval.
    Wishing you a smooth GC journey !

    Happy New Year !

    What a way to celebrate I-140 approval ( $140 contribution)
    What are you planning on your 485 approval ? :D





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  • knowDOL
    05-30 04:00 PM
    Asian, it helps if you are littble bit more straight forward. I am not getting what you are trying to point here. Elaborate and clarify your view.





    Dhundhun
    07-09 09:03 PM
    I did self filing of EAD and AP and sent the docs using USPS express mail. When I checked the status this is what I found

    "Status: Notice Left

    We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"

    So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?

    Thoughts???

    This may be due to Signature Confirmation, Return Receipts, etc. to P.O. Box. They will try to deliver couple of times. Not yet heard mail being returned from USCIS address.

    I prefer Delivery Confirmation in case of P.O. Box Addresses.





    micofrost
    08-07 10:51 AM
    I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.

    you ask your lawyer. This forum is meant to solve or find answers to our problems. Not to answer questions. Do your research . Understand the requirements and steps. There are somethings predictable with USCIS. And above all, you have google to search for your answers. Dont always try to take a short cut to find your answers. Already you have done a LC. Now atleast put in ur efforts to understand the GC world. It is not a rocket science unless you want to know the internal working procedures of USCIS in detail.



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