Monday, June 13, 2011

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  • anilsal
    01-06 08:24 PM
    a while back I had read on the forums (do not know whether it was IV or elsewhere) where a guy got a visit from USCIS because he availed unemployment benefits for sometime.

    I have also read about people getting benefits on AOS without any trouble.

    Again, it is better to be safe.

    Consult your lawyer.





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  • wanaparthy
    03-25 07:58 PM
    Iam serious and i put it that i felt.

    But later realized that this is not the right place!

    Thanks





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  • 485Mbe4001
    04-30 12:28 PM
    ... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:


    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    http://immigrationvoice.org/forum/showthread.php?t=3900&page=49



    :confused:
    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.


    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)





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  • kumar1
    10-09 04:31 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.



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  • karthic
    12-19 08:26 AM
    Hi a_yaja,
    Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo


    My Inference from Memo:
    When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.


    Please let me know if i am wrong. Thanks

    Below is the paragraph from the attached Memo


    Requests for Changes in Employment or Concurrent Employment Requests
    for Certain Cap-Exempt Aliens.

    Any alien who ceases to be employed by an employer described in
    paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
    section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
    toward the numerical limitations contained in paragraph (1)(A), be counted
    toward those limitations the first time the alien is employed by an employer
    other than one described in paragraph (5). (Emphasis added.)

    Documentary evidence, such as a current letter of employment or a recent pay
    stub, should be provided in support of such a concurrent employment petition at
    the time that it is filed with USCIS in order to confirm that the H-1B alien
    beneficiary is still employed in a cap-exempt position.

    At the time of filing of a concurrent employment H-1B petition that is subject to
    the numerical limitation of 214(g)(1)(a):
    � If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
    exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
    not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
    position, then the alien will be subject to the H-1B numerical limitation, and
    the concurrent employment petition may not be approved unless a cap
    number is available to the alien beneficiary.
    If USCIS determines that an H-1B alien beneficiary has ceased to be
    employed in a cap-exempt position after a new cap-subject H-1B petition has
    been approved on his or her behalf, USCIS will deny any subsequent cap-
    subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
    numbers are available.





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  • amsgc
    02-01 12:11 AM
    On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
    http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx

    Scroll down to Dec 12.



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  • srinivas_o
    08-24 12:01 AM
    What do you mean by your post "Msg deleted"?

    Msg deleted





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  • map_boiler
    08-11 10:42 AM
    my case details in the signature...



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  • rajarao
    07-14 08:54 AM
    I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc





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  • lazycis
    12-03 01:02 PM
    No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.

    Correct, with a few exceptions:
    1) I-140 can be automatically revoked if the petitioning employer goes out of business.
    2) I-140 can be withdrawn by the petitioning employer.

    If you do not expect these two events while you are waiting for I-485 approval, there is no need to work.



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  • Mahatma
    06-04 12:47 PM
    You have 2 best possible scenario.

    1. OPT should give you 29 months window to apply for H1 or AOS (that is when PD becomes current for EB2 India). It doesn't hurt to start I-140 NIW process now.

    2. It may be a good idea to consider EB1 as well, although it may be very challenging. Approval under EB1 might make your AOS journey shorter.

    You could piggy-back on your H1 spouse's AOS if that is on-going.

    You could explore multiple options simultaneously. There is no bar. Just remember one thing though. F1 and OPT are non-immigrant intent statuses. Hence, timing of I-140 should be prudent. It is better to do I-140 petition after OPT approval. Check with your attorney. Good luck!





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  • waitingmygc
    03-08 12:48 PM
    Congrats.

    Celebrate your day with Wife and Mom. Happy Women day.



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  • kumar1
    03-20 03:50 PM
    What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend anything on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.





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  • gg_ny
    07-27 11:45 AM
    Hi,

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.



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  • raithedavion
    07-07 12:53 PM
    privatevoid outputFile()
    {
    string temp;
    int counter = 0;
    int counter2 = 0;
    fileOutputPanel.Visible = true;
    fileOutput_txt.Text = file + "\r\n";
    FileStream fs = File.Open(file, FileMode.Open);
    BinaryReader myReader = newBinaryReader(fs, Encoding.ASCII);
    for (int i = 0; i < fs.Length; i++)
    {
    try
    {
    temp = myReader.ReadChar().ToString();
    if (i > 15)
    {//33
    if (counter > 3 && counter2 <5)
    {
    fileOutput_txt.Text = fileOutput_txt.Text + "\t";
    }
    fileOutput_txt.Text = fileOutput_txt.Text + temp;
    counter = counter + 1;
    counter2 = counter2 + 1;
    if (counter2 > 32)
    {
    fileOutput_txt.Text = fileOutput_txt.Text + "\r\n";
    counter2 = 0;
    counter = 0;
    }
    }
    }
    catch
    {
    fileOutput_txt.Text = fileOutput_txt.Text + "\t";
    temp = myReader.ReadSingle().ToString();
    i = i + 4;
    fileOutput_txt.Text = fileOutput_txt.Text + temp;
    counter2 = counter2 + 1;
    }
    }
    }


    I've tried ReadSingle(), ReadChar(), Read(), ReadByte(), ReadChars(), ReadInt16, 32, 64, etc etc. The binary file is created by a program called Axys and has to do with stocks and trading them. So I do not have access to their write method.





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  • zoooom
    07-17 06:06 PM
    Guys keep contributing...



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  • pointlesswait
    04-28 01:10 PM
    my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

    1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

    2.) Am i wrong is even asking for that information?





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  • nashim
    08-11 03:23 PM
    Congratulations!





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  • ss1026
    07-29 11:31 AM
    I am an EB-3 I with a 2005 PD on my 10th year on H-1B. I have a standing offer from a different company who are willing for file for a new GC in EB-2. I requested their HR to file my GC before I join their firm as I want to stay on my current project till the end of the year and they are ok with it but want to see some website/links stating that it is allowed and legal. I personally know that is allowed but had not much luck finding a good website noting this.

    Could anyone paste a link or point to a good website that has this clearly stated. Thanks





    smiledentist
    06-22 12:47 AM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.

    What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.





    hpandey
    11-11 11:06 AM
    Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.

    There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .



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