Monday, June 27, 2011

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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?





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  • desidude
    06-19 01:48 PM
    Akhil,

    Can you pls send me a copy too? thanks in advance!


    Check your PM. This is what i sent.





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  • arindam
    04-02 12:00 PM
    Send both faxes.





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  • amit_p27
    06-19 02:26 PM
    Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D

    --------------------------------------------------------------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LIN0XXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.

    Sincerely,
    The U.S. Citizenship and Immigration Services (USCIS)
    -------------------------------------------------------------------------------

    PD- Dec 2002, I485-RD- Dec 2003.



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  • aroranuj
    04-16 03:31 PM
    That is accurate I have done 10+2+1+3

    Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.

    OP, could you please confirm if this is the case with your background.





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  • Soldiers: Heroes of World War



  • sunny1000
    12-22 03:22 PM
    Sorry to say, but sending mails of unresolved issues to NY Consulate is a waste of time.
    I have sent them mails every week for 2 month (yes, I did that religiously) thinking that I would clog up their system, but I guess they had the last laugh! :-)

    But hey everybody, pls do go ahead and follow the process!

    Thanks

    I merely posted what was on their website. Don't shoot the messenger....



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  • A World War II Photo Essay



  • suresh.emails
    08-07 06:04 PM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.





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  • mallu
    12-02 02:40 PM
    12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion

    A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
    This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
    Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
    The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.



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  • vamsi_poondla
    09-28 01:04 AM
    look the same. From those Anti_immigrant, anti-foriegn programers group. Wake up buddy you should welcome new immigrants or you and your father won't get your social security payment. That's reality. Becoz all of your children are working in either Burger Kings or McDonald's without working hard for thier degrees. And I agree they work hard on asking you if it is TO GO or for here. You want any soda?
    Go Figure!

    In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.

    For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.





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  • desi3933
    07-19 04:55 PM
    Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.

    I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.

    It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.

    Incorrect.

    Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.

    I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.

    I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).

    Please confirm with your lawyer and get your info right.


    ______________________
    Not a legal advice.



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  • HORNEY - World War II Soldiers



  • Arjun
    01-04 12:50 PM
    Question.

    If you have one wife and u get divorced you have to give her 50% of what u have.

    What happens if you have 2 wives? ;)

    They both get 50/50 :D





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  • dineshksharma
    07-14 01:41 PM
    Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.

    Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.

    When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.

    Thanks buddy.

    When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, cancelled by previous visas. I never asked them to withdraw my H1 application.



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  • ramus
    07-02 04:15 PM
    Yes, please dont include money for US CIS fees as you will get that money back.


    I spent $500 for medical.
    Lawyer fee and other expenses (fedex etc) (around $2000) - paid by my company.
    plus $1500 is filing fee (which I guess should be refunded).





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  • pyrosleepy
    07-31 11:35 AM
    Thanks, Sanbaj! Your response does help.



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  • subba
    07-07 02:47 PM
    Honorable congressman,
    I am writing to you (in your capacity as a judiciary committee member) to bring a recent action by the department of state that wrecked the hopes of many tax paying, employment based legal immigrants.

    The New York Times carried an excellent editorial regarding the State department's actions:
    http://www.nytimes.com/2007/07/07/opinion/07sat1.html

    As a legal tax paying resident of Masachusetts since 10 long years, I have been eagerly waiting my turn in the line for a green card, putting lot of very important life decisions on hold. This latest bait and switch has made me totally disillusioned with the immigration system and I have started looking for opportunities to apply my skills in my home country instead.

    For the sake of fellow legal immigrants who have been impacted though, I am hoping you can look into this matter and try to influence the department of state to correct its action. Rep.Lofgren has already issued a statement in this regard. http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

    Thank you for your time.

    Regards,
    xxxxxxx


    Here is the link to the NY Times Editorial:

    http://www.nytimes.com/2007/07/07/opinion/07sat1.html

    It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .

    The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.





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  • saggi13
    02-20 07:05 PM
    I got 2nd finger printing notices for me and my spouse (attorney got it and sent a scanned copy). Still have not received RFE notices (neither my lawyer did). Looks like the FP notices were generated on 02/12 -one day before the RFE status



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  • lazycis
    01-26 07:13 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.

    That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).





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  • vikki76
    06-23 02:02 PM
    Why can't garbage be thrown in Walmart shopping plastic bags?
    It doesn't make sense to harm environment even more by buying new things.In fact, there are new trash cans available whose upper mouth is designed to fit in shopping bags itself.
    Regards photos-Let's say you save $20 by saving on photo. You can put this extra $20 in bank @rate of 5%. or you can spend it on extra dinner/movie.
    Both options will still rejuvenate economy.
    If you send saved $20 to India-Indian govt will be happy to reduce its oil import bill by $20, your family will use this $20 to buy a new Motorola cell phone/Nike shoes or eat dinner at MacDonalds.
    Circle of Money never stops.





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  • TheGreatMan
    07-06 10:09 PM
    I never thought that working for a contractor was something bad!! In fact, I was thinking that contracting is better than working full time! Am I missing something here???

    I mean think about it... you get to work on different projects and you get to learn new stuff, new environments, new people!

    Stay as a full timer and you don't grow (well not like a contractor anyways!). All in all, I think it takes more effort to be a contractor!

    I guess it is a career choice! I personally would rather be a contractor!

    It's definitely a 'Choice' which means - "its Personal" - Maybe for Career or for money or maybe because babes love consultants !!! :) ..

    The 'loser' is the one who tries to judge that "Choice", by saying their choice is better ;)

    Good Luck to All..





    Brightsider
    05-31 04:12 PM
    Pappu,

    I am sure your point is very valid.
    At this juncture we are grasping at straws. Here is one more of them.





    onemoredesi
    08-22 01:53 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C

    Can any one tell me what EB-3EW means?
    Thx