Monday, June 13, 2011

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  • VSS2007
    05-28 07:54 AM

    Please someone share the info who already received their EAD. (Renewed)

    Does new EAD start after expiry of first one? or not?


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  • leoindiano
    02-24 12:26 PM
    I have a freind whose DUI came up when he went to stamping in CANADA...They gave him the visa after 10 days, after clearance from FBI, This is most likely the same...If the charges are reduced before you filed I-485, then it should not be a problem. You just show them the proof. Having attorney with you will definitely help.

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  • vin13
    04-16 10:23 AM
    Hello Attorney,

    My wife received a RFE on her I-485 for missing medical test (TB test).
    The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.

    Can we request an extension of time to reply to RFE based on hardship?
    We just need one more month to comply with RFE.

    Does USCIS normally provide extension for situations like the one above?
    I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.

    Thanks in advance,

    Can you not ask your wife to fly back early? Is there a genuine hardship.

    When we had our fingerprint appointment and my wife was out of town, the attorneys said it is better not to reschedule. So she flew in before the appointment just to get the fingerprints done on time.

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  • RNGC
    02-11 01:36 PM

    I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.

    Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.

    We can allow member testimonials for the attorneys which will be very helpful...


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  • dummgelauft
    11-12 12:10 PM
    Sounds liek a great idea, I am right there with you, because this just makes no sense.

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  • ashkam
    02-25 01:00 PM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.


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  • shimul99
    09-20 04:15 PM
    is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again

    your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.

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    02-10 09:31 AM
    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?


    it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.



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  • JunRN
    12-18 04:57 PM
    Thanks for the link. It is really very helpful.

    That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.

    Darn, am I stupid or what? I felt am I just chicken or am I just being wise?

    Probable change in AC21 rules are these additional requirements:

    1. New employer's ability to pay
    2. New LC for the same occupation

    The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.

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  • GCard_Dream
    06-11 06:23 PM
    Come on guys. Just let it go. He/she already admitted that it was a mistake. What do you guys propose we do.. hang him? Just give the poor guy a break.

    If someone can, please close this thread because we are discussing the same topic in 2 different thread.


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  • vikramy
    10-07 02:42 PM
    You are in AOS status now. need to file New I9 as all said.

    You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.

    Talk to your lawyer

    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.

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  • ragz4u
    02-24 01:31 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?


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  • gene77
    08-20 03:51 PM
    I'm a Jul 02 filer and I received the 485 and 765 notices recently.

    However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?



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  • chanduv23
    09-04 06:50 AM
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?

    Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.


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  • Blog Feeds
    01-12 07:30 AM
    AILA Leadership Has Just Posted the Following: ( Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.

    It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse.

    As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).

    The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.

    I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.

    Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.

    Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,

    Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
    Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
    Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
    We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.

    More... (

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  • MrWaitingGC
    09-08 07:18 PM

    I like the way you implemeted the voting. But when my friend tried to vote he cannot see radio buttons to vote. Even I cannot see. Can you please check.

    Please implement PD and Dependents ASAP. Stick this link on main page so that we can refer easily to our friends.

    This will be sure a success down the line


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  • bijualex29
    03-24 12:48 PM
    I am wrong in my number. I added 10% to EB-1,2 and 3 all separately

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  • omiboy
    09-24 11:09 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?



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  • tampacoolie
    07-05 07:31 PM
    Anyone with US earned income can contribute to 401(k) and IRA. I have my own Roth IRA and employer 401k plan. I contribute to both.

    10-02 04:33 PM
    The LC and I-140 petition are owned by your employer, just like your H1-B petition and can therefore be withdrawn at any time (if the advertised position no longer exists).
    I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?

    03-16 02:46 PM
    You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.

    Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.

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