Tuesday, June 7, 2011

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  • dreamgc_real
    04-23 02:18 PM
    Passage of Immigration reform in the senate was not at all a problem, they have passed it more then once before. It is the house that rejected all of them. No wonder pelosi dosn't want any of it :), but again she is a strong women who passed health care reform... There is more probablity of this thing going through if the house passed the resolution first, just like the other legislation.

    Well we got to hold them accountable and not pass the buck around. We should get both congressmen and senators to understand our situation and vote for it.





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  • gc_bulgaria
    09-29 02:10 PM
    We got FP notice along with EAD card in mail today. The appointment is for a date when we will be traveling - has anyone gone to New Orleans office as a 'walk-in' and gotten their biometrics done?





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  • Ann Ruben
    07-12 02:24 PM
    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann





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  • s_r_e_e
    08-07 05:35 PM
    We did my wife's h4 stamping when landed in canada for PR. this was 3 years ago..



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  • vin13
    02-19 07:59 AM
    I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI

    1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.

    2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:

    3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.

    So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.





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  • martinvisalaw
    04-06 12:48 PM
    The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.

    I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.



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  • kaisersose
    04-16 03:17 PM
    i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.

    EAD is not a status like H-1 or H-4.

    The status should be AOS , pending 485, etc.





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  • god_bless_you
    03-15 11:20 AM
    http://www.immigrationportal.com/showthread.php?t=207073



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  • gc_check
    04-29 09:24 AM
    Well, The Travisa & Embassy web site recommends not to book tickets.

    Travisa is very good in updating the status at each step. In my case, my son's US passport was submitted on a Friday to Indian Embassy and they processed on following Monday and returned to Travisa on Tuesday, Although Travisa updates, they shipped passport/pio to me on Tuesday, It left the facility only on Wednesday and I received next day.

    I personally will wait till I secure the documents in hand before any travel arrangements.





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  • ajju
    02-20 04:09 PM
    Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
    HTH,

    Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
    takes about 2-4 weeks... unless you can go and get it personally...



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  • vallabhu
    07-30 05:30 PM
    this spring�s defunct immigration bill partially replaced with a skills-based system.

    This statement is confusing between SKILL BILL and Point based system bill.

    I cannot make which one he has in mind for us, can you guys comment.





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  • ArkBird
    07-14 01:29 PM
    Still way faster than EB Route! ;)

    Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!



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  • gcseeker2002
    02-12 05:14 PM
    If you have approved labor and 140, why you want to file EB2 perm?

    1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

    2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

    Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
    Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.





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  • gimme_gc_asap
    07-16 09:12 PM
    deecha is looking for a deig!



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  • cygent
    12-01 08:48 PM
    Thanks coopheal,

    Just sent in $100 Transaction ID: 1HH11588973388432

    C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!





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  • boom
    08-11 12:34 PM
    Hi,

    I am trying to fill the canadian visa application and would like to know what should I check on Question #8
    a) citizen( obviously not)
    b) Permanent residet
    c) Temporary resident
    d)Worker
    e) Student(obviously not)

    It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD

    Need to travel to canada on Friday(08/13/2010)

    Any help is appreciated.



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  • LostInGCProcess
    11-12 01:28 PM
    Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.

    If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.

    If you are traveling on AP, you need transit visa via Germany.

    Quote from the German Mission web site:

    Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:

    AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY

    Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:

    1. If they hold a valid visa for the United States of America
    2. If they return from the USA after having used the visa
    3. If they hold one of the following residence permits:

    * Form I-551 permanent resident card (valid for 2 to 10 years),
    * Form I-551 Alien registration receipt card (valid for 2 to 10 years),
    * Form I-551 Alien registration receipt card (no expiry date),
    * Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
    * Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
    * Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
    * Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).





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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!





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  • number30
    02-19 08:55 PM
    Hello
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance


    I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.





    mirage
    07-11 01:29 PM
    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
    We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in





    agt
    05-22 12:31 PM
    You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.

    USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
    Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.

    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?



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