Sunday, June 19, 2011

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  • rolrblade
    07-19 10:44 AM
    I Pmed you all the information, then you go silent. I am getting ready to board a plane in 20 mins and will be unavailable for an hour and half.

    PM me back if you need help.

    Just trying to help you dude! Dont ask for help and disappear!





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  • delhirocks
    07-14 10:08 PM
    IN RESPONSE to AKRED: My dads priority date is july 2005, so how does that give me amnesty...he applied under PERM!!! Btw if you do not support DREAM ACT than you shouldn't be on this forum...

    asindu...sorry to hear that man...can you post the link of this act or an analysis of it. I bet a lot of people will support it if they see a credible evidence that it will help the legal immigrant community. There seems to be a widespread belief that this focuses on the illegal community.

    There is a lot of bad rap that we the legal immigrants have to face because of the rampant illegal immigrant problem, most of the folks here gets peeved off if an act has a bias towards that.





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  • GCInThisLife
    07-19 03:09 PM
    I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(

    Hey it will not be a problem.
    I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.

    Don't worry too much. More over ur wife is a dependent on ur 485.

    Don't worry and relax.





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  • drirshad
    02-20 05:02 PM
    http://www.immigration-law.com/Canada.html

    02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today

    * The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.



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  • bekugc
    07-19 11:11 AM
    Rolrblade,

    i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.

    ofcourse, just normal rescheduling is absolutely do-able.

    i think our friend is trying for Emergency so that wife can get appt in chennai only.





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  • gvenkat
    02-28 03:02 PM
    I understand you don�t care about the United States and its people and you�re only interested in what you can gain from them but if you weren�t so blinded by greed you�d see this is something else they can give to you. Now I know why I took the route I did, I would have accomplished far less in my personal life with the likes of you. In fact, I may doing to much sharing my expertise with you. I refuse to have my name tarnished any further. Besides, you�re only a beginner. What was I thinking? IV really ought to make it clear to everyone that this is an amateur site. Maybe by changing its name to Beginning Immigration. IV definitely is not the voice of Immigration � my voice is different from IVs and I�m dealing with immigration. I may have to contact the internet higher-ups about this farse.

    u shud have tried the smuggling from any other country say thailand or singapore.. then u would not have come here crying.. now get lost :mad::mad::mad:



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  • ramaonline
    08-07 07:35 PM
    Note that after marriage, the GC for spouse needs to be filed under FB category which has a backlog of 4-5 years

    F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.

    H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.

    Follow to join (Consular processing) helps if you were married before the 485 approval.





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  • shantak
    08-23 09:00 AM
    I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

    How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.



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  • eb3retro
    04-12 11:48 AM
    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.


    very nice analysis.





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  • yestogc
    06-09 08:03 PM
    Well written, but there should be some basis for the numbers that are quoted.



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  • gc_chahiye
    12-18 08:11 PM
    That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.

    https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10

    "Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."

    that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.





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  • guy03062
    07-02 04:21 PM
    Medical (for me and my spouse) - $700
    EAD / AP attorney's fees + filing fees (for my spouse) - $1140
    Photographs - $55
    Affidavit - $40
    Upgraded I-140 to PP - $1500
    ==============
    TOTAL = $3435
    ==============



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  • swadeshi
    08-31 01:50 PM
    Congratulations! Though I don't know why it took you so many days, I could understand if it was the other way around (him explaining you). You should meet my wife and get some lessons. :) just kidding. Thanks for bringing in the whole team, great spirit.

    If you are getting your wife along, I would like to meet her for a cup of coffee (after the rally) and well mebbe I can get some pointers of wisdom or a quick course on " How to make ones husband listen"!! Just kidding!!;)

    I will PM you my contact details, lets do meet up at DC.





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  • jonty_11
    07-19 03:17 PM
    Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working working them.

    I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with any loopholes by being honest. I do not think lying would help and may lead to more troubles.
    never lie, it can come back to bite u in the rear



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  • vishwak
    11-10 04:02 PM
    Tomm is Veterans Day holiday and as usual person who responsible might have left in noon without posting it.

    I know its rotten joke, please bear with me.





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  • gcformeornot
    08-10 10:55 AM
    If you had the opportunity of getting a Substitute labor and potentially get your GC sooner rather than later, wouldn't you grab it with both hands. It is the GC Freedom.

    I am also thankful that DOL and USCIS have banned Labor Substitutions but please give those who have used them a break. They are also in the same boat as you and me (people with regular labor). Chasing the American Dream. No offense intended.:o

    not in same boat as you and me buddy. They are in a boat ahead of me and you....



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  • priya34
    10-11 04:25 PM
    Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do





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  • sujan_vatrapu
    11-03 07:27 AM
    if they want to get it done they wud have, we think repubs try to divide and win but dems are masters doing that, just dont believe dems atleast more than repubs





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  • Karthikthiru
    02-06 05:53 PM
    Myself and my wife sent letters to President and ImmigrationVoice

    Karthik





    pady
    08-20 09:57 PM
    I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.





    obviously
    05-13 09:11 PM
    Divorce in India takes a minimum 1 year to adjudicate if you were married less than 1 year. Otherwise, it is up to the discretion of the judge. Courts in India require a 'cooling period', with 'counseling / mediation'. Latter is basically a a sham.

    That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.

    Good luck in whatever you do! Trust me, things always work out well in the end.