Saturday, June 11, 2011

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  • STAmisha
    11-16 08:13 AM
    I'm in the same boat. My original RIR is denied because of screw up by the company and lawyer (they admit it). They are exploring the option of converting from TR to RIR.

    Please let me knw if you know anything




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  • nanz16
    12-11 06:32 PM
    Hi Cal97,

    AFAIK USCIS does not respond to interfiling requests. Whether it is successfully done is known only when you receive your 485 approval/ RFE Etc. Anyone with better answers ? I am also in the same boat.




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  • LostInGCProcess
    11-12 02:25 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).




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  • gauravster
    05-01 10:30 AM
    WSJ is already pro skilled immigration and have had numerous articles on the same and keep having it all the time.

    We can write to them to give it more PR. But a lot of readers of WSJ are very anti and all the comments are littered by that stuff. As a result, not sure if someone who reads the comments as well finds the articles helpful.



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  • gcnirvana
    05-02 05:59 PM
    Also, Core Team might be travelling a lot to DC and other places this month. So it might help if you could donate your airline and/or hotel miles, that you may have.

    I can transfer some of my Marriott / Hilton points that I have to the Core Team members.

    Please let me know. Thanks!




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  • USDream2Dust
    06-14 11:08 AM
    Thanks for quick reply. I know that company can rent out but I am just betting for 1 year. That would give me some boost to pay part of mortgage. Later I would even manage on my own.



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  • BharatPremi
    11-30 06:05 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.




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  • days_go_by
    08-19 11:22 AM
    What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
    -----
    140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
    In fact this migh even hurt us a little more if they stop concurrent processing.



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  • cygent
    04-01 04:28 PM
    Hi All,

    Are there any risks of filing 140 & 485 together? I just talked to an attorney & she said that it is better to get 140 approved 1st before filing 485, as when you file concurrent, the files go to inexperienced officers who will not judge your case properly.

    When you file 140 separately, the file goes to officers who only deal with 140's.

    Does anybody on here know of these risks/disadvantages of filing concurrently. I was under the impression that it was better to do this, but now I stand contradicted!




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  • rocky17105
    07-29 11:19 AM
    of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.

    I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.



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  • guyfromsg
    07-26 10:14 PM
    This is new to me. Can you please indicate the site address of this memo?
    Thanks

    It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.




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  • JunRN
    12-17 04:02 PM
    Let me answer:

    During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.

    If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.

    If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.

    What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.

    If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.

    If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.

    Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.



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  • kirupa
    01-20 11:33 AM
    Unfortunately, like freeskier said, using external libraries isn't allowed. The rules aren't necessarily all encompassing, but this was a question that was asked before: http://www.kirupa.com/forum/showpost.php?p=2422799&postcount=26

    Your entry is really cool, and I am sure nobody doubts that. It is just for a competetion about programming, it is assumed that all code is your own :P




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  • desi3933
    06-13 08:22 AM
    PD is always LC filing date.
    Incorrect. It is not always.
    In most cases, LC filing date is the Priority Date.
    A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.

    He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
    Incorrect.
    There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.

    There might be a little risk if the old one he got was a substituted one.

    .



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  • marty
    01-09 11:30 AM
    We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

    US House of Representatives
    https://writerep.house.gov/writerep/welcome.shtml

    US Senate
    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

    http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

    ------------------------------------------------------------------
    E-Mail Subject

    Delay and concerns about USCIS processing time updates

    E-Mail Text

    Dear [Name of your local representative]:

    I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

    1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

    2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

    I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

    Thank you,
    [Your Name]

    ------------------------------------------------------------------

    Please let me know if anything else needs to be added to the e-mail text.

    Thanks.




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  • sidshar
    05-15 04:22 PM
    My PD is 2006 last year dates went current and I got it. I guess luck played a role.



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  • plassey
    08-06 09:57 AM
    Sorry, this forum is not for family based immigrant only employment based..But don't worry you are fine. Issues like this are better handled by a lawyer.
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court




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  • akred
    05-26 07:27 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.



    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)

    1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.

    2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.

    I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.




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  • Doom
    07-18 03:18 PM
    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes




    dealsnet
    04-06 03:54 PM
    I have the denial letter. If you PM your email, I can send to you.
    USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
    You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
    http://aacraoedge.aacrao.org/

    ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.

    THEY give (Indian) MSC only equal to US bachelors.

    http://www.murthy.com/news/n_mtaedg.html

    You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.


    Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.

    If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.



    _________________
    Not a legal advice.




    eldrick
    07-31 05:19 PM
    They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?



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