Tuesday, June 14, 2011

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  • dreamgc_real
    09-14 08:21 AM
    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?

    Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!





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  • ggyro
    07-12 06:13 PM
    Forgive me if this post does not belong here (this is the first time I am posting anything in any forum)

    I have been in US as a student for four years and working as a researcher for little over a year. I learnt of all this 140 - 485 - 765 business only in the last 3 - 4 weeks after my first interaction with a lawyer who is filing for my permanent residency. The recent USICS dates "flip-flop" as many refer to is in fact disappointing. Based on my little understanding of how all this works I came down to the following two thoughts (and I am a bit skeptical of how this forum will react to what I am posting)-
    1. The sudden change of PD to current for many was a too good to be true event - and if it is too good to be true, it probably isn't. USCIS made us aware of that on 2nd July. Of course, people got excited spent a lot of time and effort to collect papers etc and USCIS did do something to upset a lot of people. Having said that, status quo for most is what it was before July 13th. albeit applying for 485 would have allowed getting work permits for dependents, and travel documents etc.
    2. In my humble opinion, asking a law suit or any amount of aggravation expressed towards USCIS is not going to be of much benefit. Instead the solution lies with SKIL BILL. Again, this is just my opinion that channeling energy to move the SKIL BILL forward is really the way to solve the problem. This bill is now in the senate judiciary committe for review and there is a good chance, just like last year, that it will remain there and die unless somebody pushes it forward.





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  • leo2606
    10-15 09:48 PM
    Yes but where did you do your Bachelors and in what?
    Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).



    No I did MS in computer Science from here only





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  • forgerator
    07-31 07:08 PM
    I hope they did not hire "loser's guild" to do the job :D:D:D

    That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"



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  • shankar_thanu
    07-30 08:03 PM
    Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)



    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.





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  • ashkam
    08-06 12:11 PM
    Took me 5 days from the Texas Center.



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  • gc_on_demand
    06-11 09:17 AM
    Folks

    July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).

    It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .

    I request all of you to call , if you have called then ask your friends and family members to call.

    Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.

    CALL NOW .... and Spread this message to everyone.





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  • surabhi
    05-21 09:29 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

    1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

    2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
    3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
    4.there is no premium processing yet for I-140
    5.It has no bearing. Its upto you.
    6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
    7. See above

    this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.



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  • buehler
    07-14 09:48 AM
    The EB numbers from 2006 also include the Schedule A workers and they were not constrained by the 7% limit. That is why India and Philippines were able to get more than 7%





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  • dhirajs98
    04-09 10:27 AM
    I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.

    What needs to be done to make sure she in on her EAD now and not on H4 anymore?

    How she can become an employee of her own company and get payed every 15 days.

    What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?

    Please advise.



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  • ssingh92
    01-03 11:33 AM
    I asked a question regarding use of AP and received following response from Embassy of Belgium.

    Dear,
    As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
    Sincerely,
    Marijke Janssens

    Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.

    I booked my ticket in JetAirWays (better than Air India).





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  • Iamthejuggler
    02-09 04:09 AM
    Holy crap that was close. Congrats folks. I'm pleased as punch!



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  • WaitingForMyGC
    01-30 03:18 PM
    How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.





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  • BECsufferer
    08-25 11:17 PM
    I have been there a couple of times - once to the old office and more recently to the new office. Just make sure you pack a lot of patience because they made me wait for about 3 hours for my number to be called. When enquiring about name checks, they werent helpful. They quoted policy of not sharing info about cases pending in security checks. Congressional liaisons are generally more helpful. I hope my experience was timely enough to be helpful. Good luck!

    Thanks for keeping me on ground ... only time I had been their was for fingerprinting 2 yrs ago. So not expecting much ... but got to line out questioners:

    1. Whatz up lazy dude? ... this will put him/ her at ease, next
    2. Check upon case status for my I485? ... this will make him bang the keys. REsult nothing.
    3. Alright, is the namecheck done? ... He will shrug shoulders
    4. Were the fingerprints alright? ... replies uh. I reply, than why the $u@^ did u let them expire
    5. Has my application pre-adjudicated? ... nope.

    Bingo ... worth my trip. And I leave.

    You guys think I missed something?



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  • imneedy
    06-07 01:35 PM
    In NJ this is how it has been for last few years.





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  • Libra
    09-15 10:19 PM
    Jamie, u da man.......many dont even care, they want everything to be done by itself. If that is the case they never have come to this country. why dont they understand?



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  • rbharol
    08-23 02:25 AM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.

    Dixie and Other experts,

    See copy-paste from the bill below:
    It seems that Aliens who have earned Masters degree outside US 'AND' has
    3 years experience in related field are listed along with those who have
    masters or higher degree from US.

    check sections (F), (I) and (K) below.

    Does it mean non-US masters with 3 years exp too shall be excluded from
    the numbers quota?

    --------------- copy paste begins --------------------------------
    WORKERS EDUCATED IN THE UNITED STATES
    SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

    (a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
    (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    ��(F) Aliens who have earned a master�s or higher degree from an accredited
    United States university.

    ��(G) Aliens who have been awarded medical specialty certification based on
    post-doc-toral training and experience in the United States preceding
    their application for an immi grant visa under section 203(b).

    ��(H) Aliens who will perform labor in shortage occupations designated by
    the Secretary of Labor for blanket certification under section
    212(a)(5)(A) as lacking sufficient United States workers able, willing,
    qualified, and available for such occupations and for which the
    employment of aliens will not adversely affect the terms and conditions
    of similarly employed United States workers.

    ��(I) Aliens who have earned a master�s degree or higher in science,
    technology, engineering, or math and have been working in a related
    field in the United States in a nonimmigrant status during the 3-year
    period preceding their application for an immigrant visa under section
    203(b).

    ��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
    have received a national interest waiver under section 203(b)(2)(B).

    ��(K) The spouse and minor children of an alien who is admitted as an
    employment-based immigrant under section 203(b).��.
    ------------------------------ Copy paste ends --------------------





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  • smuggymba
    08-19 12:56 PM
    Put ur head together and tell me is it too difficult to tell where he is from?

    Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.





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  • abd
    04-07 05:20 PM
    I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.





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    overhere
    07-18 08:40 AM
    Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.

    why can't you just file it right away? i really suggest filing your application asap or within july so you'll get an earlier pd.



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