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  • needhelp!
    10-09 01:41 PM
    From our meet & greet last saturday:

    GC Quiz:
    Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
    -----------------------------------------------------------------------------------------------------------------------------------------


    What are the Pros and Cons of AOS and Consular Processing?
    Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
    You have not got your green card yet. What do you think what is preventing the system to give you the green card?
    What is the importance of �Employment Letter� in AOS or consular filing stage?
    What is AC21 law?
    If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
    You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
    What are RIR and regular processing for old Labor approval system?
    Why Labor and are considered employer�s property and 485 Employee�s property?
    What is the purpose of Labor approval process as a sub stage in Green Card Process?
    Define the term Permanent Resident.
    What would be your obligations as Permanent resident?
    What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
    Explain different codes for Finger Printing process
    You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
    Same question as above but for 31 days or longer visit.
    What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
    -Apply under family category
    -Apply under employment based category
    -Apply as Investor/entrepreneur (Start a business)
    -Marry to a US citizen

    �What is the best option: To work on H1B OR to work on EAD? And why?
    �You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
    �What historical part Immigration voice has played so far for streamlining EB based immigration?
    �Which factors can jeopardize your Green Card in case of very long processing wait?
    �You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
    �What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
    �What is LIFE act? To which kind of Green Card applicants it can affect?
    �Once you get Green Card. What will you do to retain it forever?
    �What is Re-entry Permit?
    �How long you can remain as permanent resident of USA?





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  • immi_2006
    10-23 12:23 PM
    If you are worrying about your GC costs then file it on your own. Its very easy. I filed 485 on my own along with EAD and AP. I got my receipt numbers, EAD, FP. I guess 140 needs to be filed my employer with help of Attorney. Or you can file with help of your employer.(i am not sure on this)





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  • needhelp!
    03-09 03:12 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79

    (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
    22 CFR, Part 42, Sec 42.53
    Sec. 42. 53 Priority date of individual applicants.
    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.

    [WIKIfication needed]





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    07-08 09:52 AM
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  • LostInGCProcess
    01-08 11:23 AM
    I don't think so. I applied for AP on my own - and I got only 2 copies, not three.

    I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.





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  • mbartosik
    02-20 11:01 AM
    MRSR:
    there have been rumors of EB2 India moving out of U.
    Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.

    I interfiled (ROW) in December, I'm not sure if they applied it.
    When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.



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  • tnite
    08-05 10:02 PM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th

    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm

    IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)





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  • solaris27
    08-06 12:39 PM
    hopefully they will process my application soon.....



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  • Cataphract
    02-19 07:40 PM
    I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.

    I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.

    These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.

    This is what we are planning to do in the next few days:



    Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas



    Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.



    Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.



    Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.



    Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.



    One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.

    Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.

    That is all from me for now. We plan to take action and meet again soon.

    Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.

    Thanks Everybody for your support and time.





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  • sundar99
    05-03 11:34 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.


    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.



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  • pappu
    09-14 06:20 PM
    Thanks to all those who tuned in.





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  • raamskl
    10-04 08:30 PM
    Thanks for sharing.



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  • Green.Tech
    07-23 06:40 PM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.





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  • vcurichmond
    08-21 12:35 PM
    JULY 19th Filer Checks got encashed.

    My I-485 checks got encashed on August 20, 2007. I filed at NSC.

    VCURich



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  • k_sing
    09-18 04:08 PM
    This is H1B specifc though.. not taxation specifc for others





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    07-13 01:53 PM
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  • mhtanim
    09-20 11:26 PM
    Thanks for the info. how about areas like simivalley, santa clarita, do you get houses for 300 to 350 and

    And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.

    House prices in California have fallen significantly this year. However, they are still out of reach for most of the first time buyers. Simi Valley and Santa Clarita are nice places to live but still quite expensive. You may be able to find a townhouse for the range that you have mentioned. Please browse www.realtor.com and run some searches by cities to get an idea.

    Remember, it's very difficult to get a loan nowadays. The lender will now check how much you really make. The general rule for qualifying a loan is that you need to make at least 1/3rd per year of the house that you are buying. For example: if you make $50K a year, you can qualify for a mortgage up to $50K*3=$150K and not more than that.

    Good luck on your search.





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  • gc_75
    07-17 08:00 PM
    How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.

    For applying with Company B, you need to have fresh a PERM Labor approved from Company B.

    Hope this helps.

    I have a unique situation and I would really appreciate if someone can answer.

    My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

    Please help...:confused:





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  • meridiani.planum
    06-02 12:13 PM
    Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

    In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

    Here is a posting I found from a while ago on this..

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341

    afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).





    JunRN
    05-16 02:55 PM
    My friend is in the I-140 stage of green card processing
    She needs to choose between Counselor Processing or I485

    Which one is better Counselor Processing or I485 ?

    Your feedback is greatly appreciated

    It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.





    dealsnet
    08-04 01:51 PM
    She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.

    USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
    That is why they again send RFE for some people.

    Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)

    If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
    She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.



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