Wednesday, September 7, 2011

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  • ashirwadb
    10-07 03:52 PM
    You'd have to wait for PD to become current to add spouse.

    Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.





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  • xyz
    05-11 08:14 AM
    The following question is posed at www.ktrh.com which is a website for a Houston AM talk radio. This radio station usually plays conservative programs including Rush Limbaugh. So, it is likely that mostly conservatives are visiting and voting on this website:

    Should highly skilled workers move to the front of the immigration line?

    The current poll results:
    Yes: 59.56%
    No: 40.44%

    You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.


    The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.

    Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.





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  • gc_kaavaali
    05-21 02:37 PM
    Hi,
    I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


    USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.





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  • gcphul
    01-10 03:56 PM
    munabhai
    i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.



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  • CreatedToday
    03-18 02:56 PM
    It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!

    You may complain with DOL, but I�m not sure about any statutory limit to file the case.

    Good Luck!

    Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
    . . .
    But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

    Now I'm mad since I'm stranded, and if possible complain about him.

    I need HELP.





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  • saketkapur
    10-11 01:00 PM
    I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
    Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....

    PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney



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  • Bobby80
    06-03 04:22 AM
    Ann
    Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks





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  • newbee7
    12-18 01:53 PM
    if you invest in foriegn stocks using a us broker you don't have to worry much. Your 1099 will have it spelled out. If you send money out of country you will have to report those earnins to IRS even though they might not show up in 1099.



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  • cinqsit
    10-31 12:26 PM
    Can someone please give me the website link to book a visa appointment?

    Is it same for all consulates in India? I'm looking for Chennnai.

    Thank you.

    http://www.vfs-usa.co.in/ Yes its same for all consulates





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  • gc_kaavaali
    12-24 10:25 PM
    this thread should be on top



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  • zCool
    03-20 04:43 PM
    IF USCIS revokes 140 for fraud, you got 2 issues
    1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
    2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
    If you don't trust the company.. leave while you are ahead!





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  • bkshres
    10-20 11:28 AM
    Hi

    I used AC21 to switch the company. First my new company said I have to use my existing old attorney for my I485 case. So, I asked my old attorney to prepare AC21 documents and mailed to USCIS, which is already done.
    But now the attorney from new company is saying that they are again doing AC21 documents and will be sending to USCIS. On top, new attorney is asking me to fill G28 form. Is it necessary to file AC21 document twice or make it too confusing? And this G28 is only for me, not for my wife. I am confused with whole thing. How will this work? with my case transferred to new attorney and my wife's case still with old attorney? I also heard from this new attorney that most of the time G28 and AC21 documents will never reach to USCIS file and in that case, USCIS will communicate with old attorney. On one hand, I have to tell my old attorney that I am changing attorney but on other hand I am not even sure whether USCIS will accept or not. My old attorney has been always helpful and he has all my information and original documents.

    Is it advisable to switch attorney when you have I-485 pending? and is this filing of AC21 documents twice necessary or will make more confusion in my case? What is advisable in this situation? What should I say to this new company attorney and what should I say to my old attorney? I am in big dilemma...

    Please help. I need your suggestion.

    Thanks,
    BK



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  • raj3078
    04-27 11:08 AM
    This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
    Pappu,
    This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:





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  • pitha
    05-11 08:48 AM
    If you like your family so much you can always go back, you have a choice, people stuck in EB immigration have no choice they are being kicked out because of the long retrogression. Frankly all this talk about this family based immigration is nonsense. It takes 20 to 30 years for somebody to emmigrate uisng family based immigration. So does that mean that in the 20 to 30 years it takes for the "family" to come here, you dont love them in that time. The point I am trying to make is that all the people who are pumping up this family based immigration are trying to play up the emotional angle and are being hypocrites. If you can live in the US without the "family" for 20 to 30 years, I dont see any reason why they cannot live without the family comming to US at all. Let the "family" come to US on there on merit.

    The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.

    Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.



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  • credit: NASA Johnson Space



  • srkamath
    07-16 09:09 AM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.





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  • acecupid
    04-14 10:10 AM
    One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.



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  • micofrost
    07-12 01:34 AM
    "We continue to pay for Your Social Security
    But the presidency gives illegals over legals more priority"





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  • jnraajan
    03-29 04:07 PM
    When I applied in June 07, I had the same issue. They approved it on July 3rd, when according to the revised bulleting, the numbers should have been unavailable. (Remember the Fiasco anyone). I guess they decided to use the old bulletin to give me 1 year extension and then the new bulletin to say, I cannot file for AOS. Nice going..





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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.





    tnite
    07-26 09:27 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!


    I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
    But looking at the possible choice you have mentioned :

    1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.

    2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.

    3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.

    But my choice would be the first one. It's not risky for the reasons I had mentioned.
    my 2 cents





    sriswam
    06-28 06:36 PM
    Guess I found the answer. e-filing is disabled for 140. USCIS was quick on the draw :)



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