Friday, June 10, 2011

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  • GCwaitforever
    05-26 10:36 PM
    Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:

    Amen to that.





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  • hyderabad123
    01-11 03:58 PM
    Hi,
    I-485 was denied, then applied MTR on June 2010. I didnt recieve nay update, we are planning to travel hometown bcz of personel problems. I called to expediate on my petiton, they opened SR, after that i recieve the response saying that, ur petition with IO, once we made the decision will let you know. If you have any exp or any one on it please do share with me. That is more appreciate.

    Thanks





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  • JunRN
    09-26 02:23 PM
    Good to see approval for July 3 filers. Atleast NSC is on track.





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  • indyanguy
    12-18 08:15 PM
    Gurus,

    Which is more reliable / popular, scottrade.com OR scottradeR.com ?

    scottrade.com



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  • chanduv23
    02-24 09:27 AM
    Thank you theshiningsun and chanduv23.

    Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

    I want to clarify little more.

    1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

    2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

    Here is the whole meat - I have written about this probably 200 times.

    You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.

    If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.

    Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.

    In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.

    AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.

    Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.

    Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.

    If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.





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  • lagsam
    04-11 08:43 PM
    I think you can say 485 filed.

    Actually I followed my previous filing from my lawyer and it is "Adjusting Applicant" or "AOS".



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  • schandra
    11-24 04:50 PM
    Same here too
    Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
    And to make it worse, no time left in H1 either, as I have been here since 2001.

    Is there any alternative to this?
    As in, can we apply for another I-140 while the appeal is still going on?

    I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.

    http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf

    Is there nothing we can do to tackle this situation?
    I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.

    Thanks
    Subbu





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  • fromnaija
    07-20 11:24 AM
    File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.

    Caveat: I am not an attorney so ask your lawyer if this is a feasible option.



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  • saurav_4096
    06-19 09:53 AM
    Mr. EndlessWait -

    You extended your status, not visa. Please get your basics correct.

    1. Nonimmigrant Visa number
    Visa Number for the last issued visa (does not matter if is expired)
    2. Date Visa Issued
    Date of Issue for Visa in #1
    3. Consulate Where Visa was Issued.
    Place of Issue for Visa in #1

    Good Luck


    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002



    If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.





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  • GCEB2
    09-21 10:33 AM
    thanks mnhatim....The information is helpful. How about bay area side do you know any affordable places. Also any other websites i can browse threw.



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  • schandra
    11-24 04:50 PM
    Same here too
    Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
    And to make it worse, no time left in H1 either, as I have been here since 2001.

    Is there any alternative to this?
    As in, can we apply for another I-140 while the appeal is still going on?

    I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.

    http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf

    Is there nothing we can do to tackle this situation?
    I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.

    Thanks
    Subbu





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  • ramus
    08-15 12:41 PM
    Thanks for your contribution and willing to take part in DC rally.


    Sure...Just contributed $100, will do more in coming months.



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  • GCmuddu_H1BVaddu
    03-20 02:10 AM
    I have limited knowledge on this but my own logical thinking
    1) Your best bet is to have baby in US and go to India
    2) Baby will not be granted any green card as there is no application present for the baby 3) You can't get the baby to US on H-4 as a dependent bcz you are on EAD
    4) Either you can file for a visitor visa (through EAD) or file for H-1B for the baby ;-) (just kidding on H1B stuff)

    Go for (1).


    Hi Everyone,

    Our Immigration status is EAD and my wife is pregnant,
    We are very happy with the news..

    There is lot of possibility for us to be in India during due date, based on few important events in family.
    We would like to know.. if baby is born in India then what possere ibilities are there for us to bring baby along with us?
    (if mother stays in India for couple of more months)

    can baby also get Green Card when we (parents) are allotted green card?

    All your advices are always appreciated.

    Thanks & Regards,
    Satya.

    Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.





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  • rinkurazdan
    05-31 11:17 AM
    Keep the cash rolling...for that will only save us from the gross injustice.



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  • Michael chertoff
    04-07 05:58 PM
    Please stop this discussion about US university and Indian university or for that matter about octopus

    This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it

    Agreed. just talk about Bulletin.





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  • 123456mg
    08-03 05:19 PM
    I bet you your attorney had either not replied that RFE and plainly let go the matter or the RFE response must have not gotten to USCIS in time. It had happened to one of my company collegue as well. Please ask your attorney to give you copies of details about the RFE and also provide (with FEdEx tracking number) the response that he wrote to USCIS. It is very easy to track if it is your company attorney screw-up or a genuine issue.



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  • sidbee
    05-06 10:59 AM
    http://www.usabal.com/seminars/#a2

    Michael Aytes, is one of the speaker in this conference

    Why would IV get invitation to this ?????

    You pay and you attend, and its for employers, not employees..





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  • optimist
    06-23 03:07 PM
    ...I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.

    Keeping immigration aside, if you think getting married will save you any headaches, you are setting yourself up for some big surprises buddy :D

    Jokes apart, indeed the fastest route to a GC is by applying as spouse of a US Citizen. If that is an option for you, GO FOR IT!





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  • logiclife
    01-03 10:58 AM
    We will start a system of monthly recurring payments today.

    It will be using paypal. We have had paypal for over a year now and its easier to setup that way.

    Everyone, please hold on to signup for monthly recurring payments.

    The options will be :

    $20 per month.
    $50 per month.
    $100 per month.

    They will be secure transaction thru paypal and you can connect your chosen credit card or debit card to paypal and each month paypal will deduct the amount and send it to IV.





    on_h1b_since_1998
    06-20 12:15 PM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.





    nk2006
    07-05 12:58 PM
    possible reasons

    (i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
    (iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
    (iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.

    Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.



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