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  • siva007
    04-02 05:25 PM
    Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

    Thanks




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  • AirWaterandGC
    05-15 12:04 AM
    I have repeatedly said that is not about any one person's GC. Count on me to be with IV even when I get mine. Its the fight for justice.




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  • dealsnet
    06-14 03:53 PM
    Living in outside India, we need to learn much caution.
    This is a true incident happened in NY.
    A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.

    So need to change the behavior with socializing in this country.


    Well just to get away a bit from the complications of immigration!

    Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
    Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.

    Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o




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  • gcnirvana
    04-27 08:25 PM
    Yep, true. But, sounds like there's just too many Bills floating around, this year!

    This one is from Mathew Oh:

    04/27/2007: Disappointing News of Sponsor's No Immediate Push for Hagel High-Tech Temporary Relief Bill

    The Senator from Nebraska introduced earlier High-Tech Worker Relief bill. The employment-based immigrant community and the businesses and academic institutions had some level of hope and expectation that this bill might be acted upon as separate from the CIR. However, there is a report that Senator Hagel stated that the Senator introduced the bill intended to be handled as part of the CIR legislation process. It thus appears that all the bills which have been introduced recently were also intended by the bill sponsors to be debated and reflected in the CIR legislation process in May in the form of amendments. There we go. The Senator yesterday introduced S.1225 for the illegal immigration reform part of his own comprehensive immigration reform scheme under the name of Immigrant Accountability Act of 2007. Probably more immigration reforms bills may be introduced by other legislators before and during the Comprehensive Immigration Reform debate in the Senate next month. As we summarized on 04/22/2007, there have been developing compromises along the lines of key issues which we highlighted in the posting and media start predicting that because of these compromises, the CIR may have a better chance to pass this year than last year.
    Well, we are only inches away from the door steps of May 2007. After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.



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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.




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  • DDash
    09-23 04:44 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    Thanks for this info. Would you mind sharing the fax number? Thanks in advance.



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  • TeddyKoochu
    01-06 10:11 AM
    Hey Teddy,
    During you process for porting from EB3 to EB2 did you:

    1. Do this within the same organization after getting your advanced degree?
    2. Did you have to file for a new PERM and start from the begineeing under EB2?
    3. Were you successfully able to port your PD or did you start with a new PD under EB2?

    Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.




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  • akhilmahajan
    07-01 04:31 PM
    It all depends upon the school. You just need to show them that your 485 is pending and you have AP with you, you have used it or not does not matter. But the most important thing is to convince the school. One of the senior members, had posted their own experience and it has helped me a lot to get the FAFSA approved for my spouse. Let me know if you have any questions. I will also try to find that thread.



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  • gcformeornot
    05-14 10:20 AM
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1403687-new-blow-for-us.html




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  • mnq1979
    12-11 01:19 PM
    I have recently completed my MBA(Finance) through online university and tell u guys wat its really nice and tough. so go for it
    its devry university with the mba school name KELLER GRADUATE SCHOOL OF MANAGEMENT...make a serach on yahoo n u will get it



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  • TeddyKoochu
    01-06 02:57 PM
    There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.

    USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.




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  • chris
    02-12 01:23 PM
    You are right. My finger prints are expired and called several times and took info pass.

    Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:


    Chris,

    My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"

    Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?

    Just my 2 cents.!

    Regards,
    -N



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  • rsdang
    11-21 05:27 PM
    abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.

    Take Care




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  • bikram_das_in
    01-26 01:13 PM
    @waitingnwaiting


    How many of these 7 toppers are from Telengana and how many are from your district?

    This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.



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  • eyeopeners05@yahoo.com
    06-02 03:04 PM
    If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

    Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.


    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?




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  • waitnwatch
    04-21 02:37 PM
    It is generally a good idea to go to any CBP and get the date put in. It is a pretty easy process. When the CBP folks say that an exit in 6 months in fine I guess they are correct in the sense that you have to stay illegally for over 180 days to be barred from reentry.

    Anyway this should be pretty easy except that you have to find the time to go to your nearest international airport. For some it could be a 4 hour + drive!

    Good luck



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  • InTheMoment
    12-10 02:33 PM
    I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.

    The photocopying is best left to them as the one you make has potential of having been tampered.

    Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.

    So do you have to give them the original or have them take a photocopy of it and give you back the original ?




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  • gsc999
    04-19 11:30 AM
    Atleast, Janak was bold enough to be straight forward.




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  • imh1b
    04-28 01:12 PM
    If you count the taxes these 150K legal immigrants would have paid if they were in US for a year it is more than 2.5 billion dollars.

    There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.

    Now you can compare 150K people vs 14 million people and who pays more.
    The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.

    The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.




    GCDream
    02-20 08:12 PM
    Here is what I have after analyzing the FLC Data Center MDB files

    >2001 May 8 = 504 Certified Labors
    2002 = 79784 Certified Labors
    2003 = 62912 Certified Labors
    2004 = 43582 Certified Labors

    Total: 186782 Certified Labors
    The above data is for world

    Let's say India is 25% of world and 75% of India is in EB3

    This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004

    Since the country of the alien is available for Perm, let's use it for 2005 and 2006

    2005 India = 1350
    2006 India = 22298

    Total for India in 2005 and 2006 = 23648

    Pending in BEC: 111000
    Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812

    Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
    Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586

    Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889

    Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802

    Without any Law:
    139889/2802 = 50 Years

    Assuming CIR passes with
    1. Dependents not counted
    2. EB visas increased from 140,000 to 650,000
    3. Per country quota raised to 10%
    4. Exempts advanced degree holders

    Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590

    Total for India in all years till Dec 2006 without dependents: 63586

    Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717

    Total for India in all years till Dec 2006 without dependents and advanced degree holders

    = 63586 - 12717 = 50869

    For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years

    Conclusion

    Without Law: 50 Years :confused:
    With Law: 2.7 Years :D




    jthomas
    04-03 03:03 PM
    Answer to question 1 :- You cannot work for two employers and take pay checks from both of them at the same time.(being in H1B)

    Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
    I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
    3. I would wait till the H1B receipt. I don't know this answer.

    Thanks





    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    Thanks a lot!



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