Friday, June 10, 2011

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  • rvenkat1976
    04-13 12:18 AM
    Thanks for all your answers.

    Now that I have consulted another lawyer for a second opinion. According to him he says I am legally IN STATUS.

    He asked me to send an email to the attorney asking for the whole case detail from the begining, mentioning that I would otherwise report this to the bar association.

    Now did anyone have any specific format in which this email has to be written any help in this matter will be appriciated.

    Thanks





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  • kirupa
    09-03 10:03 PM
    That's a good point! I never noticed that, but I will look into it shortly :)





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  • GCSOON-Ihope
    10-17 02:15 PM
    This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?

    Thanks!

    This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:





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  • transpass
    10-29 03:38 AM
    Hi Folks, I have few questions regarding opening NRE account...

    1. Seems most of the banks offer NRE account for NRIs. In general, which bank is better for opening such an account?:confused:

    2. Do all the banks which offer NRE accounts offer account services irrespective of which branch I open the account at? e.g., if I open an NRE account say in delhi, can I have access to and get service for the account say in bangalore? Or do I have to go to that particular branch where I opened the account? In this regard, which bank is better?

    3. Which bank generally gives better exchange rates?

    4. Any pros or cons in opening the NRE account at one bank vs. the other?

    Thanks for your replies...



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  • chanduv23
    03-31 01:55 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?

    The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.

    The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.

    You are so close to GC - why take risks?

    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.





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  • HRPRO
    05-04 01:26 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks

    You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.

    HRP



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  • sujan_vatrapu
    10-28 04:12 PM
    except very few most of the republicans are for legal immigration,





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  • cpolisetti
    04-10 05:12 PM
    I am from Oregon, glad to be of help. Sent an email.



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  • ck_b2001
    07-25 03:52 PM
    I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.





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  • kmk2002
    09-27 01:11 PM
    Never recvd my FP notice. I took lawyer's copy (original) and FP was scheduled the same time/location as my wife. Our kid was not happy being there (crying) so they did our FP's on a priority.



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  • gcisadawg
    09-10 02:11 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks

    If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.

    If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.

    BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.





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  • gc_on_demand
    02-04 09:55 AM
    Gc_On_Demand,

    I remember that last year your prediction about spill-over was almost close. What's your take this year.

    Thanks
    MDix

    I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.



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  • cinqsit
    10-09 05:36 PM
    I had filed labor in June 2008 and as per the attorney they havent received any update from DOL. I had requested my employer/attorney to atleast send a screenshot of my status and they say cases that old are hard to pull up on DOL website. Is it really that hard with DOL to login and see the status as compared to USCIS? For my comfort I requested them to send me a screenshot and I am getting stiffed even on that! Can you please answer if attorneys can login to DOL and see the status of any PERM applicant? In this age of electronic media a department as big as DOL doesnt even provide updates to applicants/firms to view their statuses?

    Thanks in advance!

    you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number





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  • whiteStallion
    06-02 07:03 PM
    Yes, the return ticket have to be *within* 6 months rather than after 6 months.



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  • sodh
    07-18 05:05 PM
    I can donate for this case if any Lawyer can help him.





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  • gc_check
    02-13 04:34 PM
    Hello All,



    I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



    I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…

    I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice



    � Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india

    OR

    � Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..



    I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



    Thanks,

    What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.



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  • sudiptasarkar
    11-06 08:38 AM
    Hi,
    How much time did they give you for responding to the RFE?
    Also any one has a sample of the affidavit?

    Thanks





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  • JazzByTheBay
    09-05 10:43 PM
    all the best jazz..

    Thanks!

    I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.

    As expected, I was asked to go to secondary inspection.
    Handed them the passport, I-94 and AP.

    (Saw others handing over wads of paperwork... )

    Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.

    I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)

    jazz





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  • snathan
    08-27 10:12 AM
    I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.

    I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?

    If the responsibilities is more 50% different, its a new job and not a same job where the EB3 was sponsored.





    ksnlp
    05-05 10:00 AM
    If AP is approved. You can travel out of country, Your husband can send it later to you.
    But if AP document somehow missed in mail or never reaceived. Thats the problem.





    conchshell
    07-12 10:37 PM
    Please access http://www.immigration-law.com/Canada.html to read the details.

    The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.



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