Sunday, June 19, 2011

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  • rockstart
    10-23 01:56 PM
    Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.





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  • zCool
    05-21 03:33 PM
    There no hard and fast rule.. so long as you can prove the intent to work permanantly.. some will say 6 months .. some will say 1 yr.





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  • Lovely



  • like_watching_paint_dry
    01-08 10:59 AM
    The bad part is when you look to answer the question "what are the odds that the first baby of a new year would be born to an illegal leech?" .. There are so many illegals out here that they have good odds of having a sweepstake winning baby, while legals suffer all kinds of bureaucratic hurdles.

    They should give the baby the money and CIS should deport the illegal woman.





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  • Adam
    08-26 11:10 AM
    That one looks perfect gundark.

    agreed, very nice :thumb:

    redelite, I like your angry one :) Reminds me of my wife :D



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  • trueguy
    08-08 06:18 PM
    ^^^^^^^

    bump

    ^^^^^^^





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  • ROSES-09 Amendment 1: New



  • venetian
    07-06 11:44 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.

    Thanks.



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    desktop wallpaper roses_09. Slash Guns N Roses: 09 07 88
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  • thomachan72
    03-10 07:10 AM
    If they take the trouble of selecting multiple applications from the same employer, I dont doubt that anybody with multiple applications (even from different employers) will get either rejected or get questions.





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  • psn1975
    11-05 08:06 PM
    Hi

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
    What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!



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  • raysaikat
    05-31 12:18 AM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

    It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

    In this document, "out of status" is defined as what I am referring to as "unlawful presence".
    212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

    * For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
    [snip...]
    It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

    Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.


    2)How does USCIS actually track who is employed and who is not?

    They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.



    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?


    Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

    I.e., you will have no problem at all.



    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!

    My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.





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  • Touch my Soul(quote) Roses #39;09



  • Pagal
    09-17 12:50 PM
    Hello,

    Closing of the sponsoring company may turn out to be a blessing in disguise ... if you show up at Comany A and ask for the employment as listed in your application, Comany A can show its inability to employ you siting the pending closure. As soon as this happens, you are a free agent to work with any other company in same/similar job. I remember reading this advice on murthy last year and you might find some links through IV archives as well.

    Good luck!



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  • singhv_1980
    01-22 06:54 PM
    Buddy! I am not too sure about that. But according to my understanding security check is an optional thing depending on the job profile but this PIMS is for everyone. I am not too sure how long is the delay because of PIMS in Toronto. But ppl in India have waited on an average for 2 weeks. Again, some of them got their visa right away also. So, you may wanna call consulate and ask them if you are stuck coz of PIMS or also for additional security checks.

    But in the end, I can say..dont worry! hang on there...you are not alone in this.





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  • go_guy123
    08-23 06:02 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    One needs to have a realistic dream. One needs to verify with facts. Companies often lie
    of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
    promise sun and the moon to sign you up but they hide the reality.

    I know companies even lie that project is 6 months and renewable but once you join
    and shift to the new place and then after 2 months they say the project is over. They
    knew all along that the project is for 2 months but they wanted people, so they lie
    that the project is long.

    I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
    EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
    another 10K.



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  • billu
    08-06 12:24 PM
    DISH Network IPTV (http://www.dishworldiptv.com/index.html)


    this is what i am talking about





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  • ramaonline
    03-27 10:55 PM
    $50 from me

    Paypal tx 1PM83845HD6289400



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  • conchshell
    06-10 02:43 PM
    You should avoid phrases such as "fast track green card". That is being presumptious.

    Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.

    The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.

    I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.





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  • va_217
    01-08 01:42 PM
    they even do interviews for them to get the job and pay less to the consultant



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  • Becks
    02-01 09:49 PM
    Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.





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  • miththoo
    08-22 05:08 PM
    Does it invalidate the old I-140 if the PD is recaptured for the new I-140 ? I mean what happens to the old I-140 ? May we still use it in future if for some reason the new I-140 does not work out ?





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  • singhsa3
    08-01 12:30 PM
    Good catch! Thank You.
    No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...

    It might also not look good when someone from IV calls the office and pronounces the name incorrectly...

    Thanks..





    BEC_fog
    03-28 03:32 PM
    As mentioned by Administrator2 to report any issues with the tracker on this thread, here are issues I found.

    1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.

    2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.

    Nice work to add this tracker...this will prevent all the different polls popping up.





    msr1234
    04-16 12:52 PM
    one of my colleague has received mail notification to the lawyer that application was picked in selection. H1b applied in masters premium.



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