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  • jtad
    07-25 04:53 PM
    This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.

    THIS IS A BAD IDEA FOR A PROTEST!

    Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
    Where did you get the idea that to protest means to do something "bad"?...





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  • Adam
    08-20 01:59 PM
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  • tnite
    10-16 01:28 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
    Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
    H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
    As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
    H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing for 1485 provided your I140 was approved.

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
    NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
    Once approved anywhere from 7-30 days you might get the GC by mail.
    I dont know whether there are enough numbers.I won't even speculate.

    - Would I get the fingerprinting notice directly or would my employer receive it?
    You would get a copy of the FP notice.

    - What other formalities would be left after (assuming) 485/765 are approved?
    765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
    Goodluck





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  • waiting4gc
    07-17 08:46 PM
    Some lawyers ask for bank statement and w2s and file I 864 with GC to show proof that you can support your dependents(if you have any). Ideally I 864 is only required when you file Family based GC.

    Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.

    There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.

    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?



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  • illusions
    07-11 12:39 PM
    Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.





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  • 9411b
    12-04 03:28 PM
    Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.

    RD=7/23/07
    Notice Dae =9/19/07

    on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.

    FP notice received and done in January 2008.

    Yes, we need to do something to help us.

    JJ



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  • GC_ki_daud
    03-13 03:17 PM
    Hello Members and GURUS,

    One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.

    My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??





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  • stones
    06-30 10:14 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?

    Here are the details for my case

    * � I graduated in Dec. 2007.
    * � My OPT has started on December, 2007 (expires on December, 2008).
    * � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
    * � I received Notice of H1B approval. (I797A Notice Date June, 2008).
    * � H1B is valid from 10/01/2008 to 10/01/2011.
    * � I lost my job with Company A on September 18th, 2008.
    * � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
    * � I requested Company B to transfer my H1B.
    * � USCIS received my petition for a transfer on October 28th, 2008.
    * � My Transfer petition was pending with company B

    Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.

    Thank You, Please let me know if you have any questions.



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  • Munna Bhai
    02-11 07:41 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.

    Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.

    Hope this helps.





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  • msyedy
    12-13 11:30 AM
    CIR agenda in 100 hours not days..........



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  • Sk-1
    09-06 07:39 PM
    All,

    Background:

    EB-2 India
    Employment based petition
    PD: Feb 2003
    Labor approved (after a long wait at Backlog reduction Ctr)
    I-140 filed
    Waiting for PD to be current to be eligible to file I-485

    To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:

    1) Birth Certificate: I have my original birth certificate but it is not in English.
    a. I have a translated notarized version in English from India. Will this suffice?
    b. If not, can a birth certificate issued by the Indian Consulate General suffice?
    c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?

    2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
    a. Do I need to have a police clearance from India?
    b. If so, can a Police clearance certificate from Indian Consulate General suffice?
    c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?

    3) Medical: I have the list of approved Doctor�s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
    a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
    b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)

    4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?


    Thanks in advance.





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  • thomachan72
    11-11 12:58 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

    technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.



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  • msyedy
    12-14 09:26 AM
    while make illegal aliens legal.. the current S.2611 says the illegal pay back taxes and go through a process like us to get citizenship.

    We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.

    We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.

    This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.





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  • gcisadawg
    09-10 02:11 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks

    If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.

    If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.

    BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.



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  • arc
    03-05 05:57 PM
    Which are the Sensitive Banks!???





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  • Lasantha
    02-20 01:53 PM
    If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?

    But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.

    Also be ready for RFEs.

    I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters



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  • kaisersose
    03-13 04:58 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.





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  • gc_in_30_yrs
    01-22 06:59 PM
    "thank you" looks a small word but it is the only word i have to convey my thanks.

    fighters wont stop fighting until they win.
    we are fighters.





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  • dxldad
    05-18 12:45 PM
    I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:

    An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.





    alterego
    01-14 08:06 PM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.

    Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
    300 for December with a PD set at Jan 02!:eek::eek::eek:
    Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
    I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
    We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.





    Carlau
    11-17 10:04 AM
    I don't think that anyone minds that you discuss this, but for that you should pick this area http://immigrationvoice.org/forum/forumdisplay.php?f=16 that has a little bit of everything and comments about current events.



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