Saturday, June 11, 2011

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  • srinivas_o
    08-24 12:07 AM
    Gurus,

    Is it wise to make an Infopass appointment to find out what document was mailed to me by USCIS as nobody from customer serivce are telling me the answer? Please let me know...

    Thanks.




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  • GCwaitforever
    06-03 03:26 AM
    Indian Consulates will be conducting VISA camps at different places. Verify the schedule on the web site, stop by and get the passport renewed.




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  • BumbleBee
    07-18 02:10 PM
    Hi SertTurk,
    Its not clear from your post as to which state your/spouse's application is in. There are three phases
    #1 Labor certification ( state and Federal )
    #2 I-140
    #3 I485 ( adjustment of status )

    In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.

    Please talk to an attorney before making any decision.

    BumbleBee




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  • forever
    07-27 02:41 PM
    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
    Good Luck.

    I would go ahead with this option.



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  • guyfromsg
    07-10 09:43 PM
    My observation... based on i140 application

    My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC

    There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water

    Last name starting with A, C, E, G, I, K..... transfered to TSC
    Last name starting with B, D, F, H, J, L..... stayed at NSC

    any comments? again this is only based on my observation on a very small # of cases

    and the 140 was transferred to TSC.




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  • A few minutes in to Black Swan


  • needhelp!
    01-11 12:42 PM
    Keep up that spirit and make it your fight!

    Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.



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  • Black Swan on DVD and Blu-Ray


  • keiryu
    09-25 05:14 PM
    What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.




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  • little_willy
    05-02 01:51 PM
    YES. You can. I know atleast 2 of my colleagues doing this. They got 3-year extension with new employer even when more than 6 months are left in the initial 6 years of H1. This won't be an issue.

    What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?



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  • bobzibub
    12-15 06:02 PM
    Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...

    AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
    I've asked the ombudsman on this issue. Never got a response.

    IMHO:
    I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?




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  • Dhundhun
    08-13 12:39 AM
    English equivalent:

    There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).

    So start dancing, GC will follow.



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  • cherupally
    09-05 11:37 AM
    Does anybody has format for Non-availability of Birth Certificate? If yes, can somebody post the format please..




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  • Asian
    07-19 09:39 AM
    Well, some people think it is of no use trying to predict anything. I have a slightly different opinion. If I had known this kind of thing could happen to me eight years ago (or at least five years ago), I definitely have chosen a different path. The same thing applies to now. If I could have a glimpse of five years from now, I might choose a different path.

    Predictions work if it is based upon reasonable data and calculations. I think it would be actually humane of USIC if it could supply more statistical data about the number of applicants they are getting and the rate they are processing or even the projection of cut off dates for next two years. Of course we will not blame them if it deviates. They can simply say it is subject to change to avoid any legal complications. They are the organization that has most information after all. I think it is something we can suggest to law makers, too. Nobody likes surprises anymore in modern life. The more we can see the future, the better decision we can make and the less time we lose in vain.

    I am not saying we can be negligent for necessary law changes but we have to think of various scenarios with probabilities.

    I am also thinking IV core members may have a better statistical data from the members. These statistical data are actually very important if we use them well. ( I am not saying exposing private info.) The numbers talk louder than words. The same rule applies to law makers as well.



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  • Refugee_New
    08-02 02:41 PM
    write letters to congressman and fill form for ombudsman.

    You should get ur GC.

    I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?

    I did everything except sending letter to UK Prime minister?????????




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  • Ramba
    08-13 10:55 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...

    Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.



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  • Desertfox
    11-14 01:51 PM
    Following are the answers to your questions. :)

    I have a question for you too: How are you contributing to Immigrationvoice?

    Dear All ,
    I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
    1.Am I still on H1 status or the status now becomes EAD ?
    You are on H1 unless you request your employer to update your I-9 with EAD.
    2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
    Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
    3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
    There is no time limit.
    4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
    You can renew your passport in US and following are the links for Indian Consulates in USA.
    Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
    Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
    Consulate General of India, Houston, USA http://www.cgihouston.org/
    Consulate General of India, New York, USA http://www.indiacgny.org/
    Consulate General of India, San Fransisco, USA http://www.cgisf.org/


    Thank you very much in advance.

    Anci.




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  • pappu
    02-11 11:22 AM
    Pappu,
    I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.

    I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
    or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.

    Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.

    When they see it as their own effort they will participate more actively and make IV their website to go to and participate.



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  • newyorker123
    09-28 10:06 AM
    I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

    It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.



    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???




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  • jvordar
    07-09 07:09 PM
    I140 copy is useful to argue that your extension is based upon I140 but is not absolutely required.. i was in the same situation abt 2 months ago.. my new employer was asking for I140 copy but then they filed with just the receipt # and stated that the copy is not available. i got my h1 transfer approved without any issue.. it all depends on the officer who is handling your case.. sometimes some officer thinks that it is your responsibility to provide everything, sometime some officer just looks up in their system with the receipt # provided.. but according to the lawyer from my new company they have never heard of the case where the transfer is rejected just coz the I140 copy was not provided
    my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the risks..so may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
    hope this helps..




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  • Googler
    07-18 10:13 PM
    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -

    Clockwork,

    The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
    I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.

    I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.




    snathan
    05-20 12:28 PM
    Was your question

    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?



    Guys

    Lets complete her questions with various possible choices and help her. Happy Friday. :D

    May be the husband....




    Pineapple
    07-26 04:20 PM
    Is this good or bad? We dont have even one single person with negative attitude. At least that is good.

    I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
    I want to be a free rider and want others to pay for my cause 0 0%
    I hate these immigrants and H1B workers on this website and will not contribute 0 0%

    Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
    Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
    At least that way you'll get better data to work with for analysis.



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