Friday, June 10, 2011

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  • webm
    11-18 06:03 PM
    180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ?

    Correct...





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  • Macaca
    07-09 10:02 AM
    I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue.

    The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".

    Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
    The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.





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  • up_guy
    08-31 11:48 AM
    I have recently changed my job using AC21. My new employer has filed H-1B transfer and I also had two years of EAD
    While filling up the I-9 form I have used EAD alien #, when I checked the emplyer HR they said that I-9 stays in the office and they do not send its copy to USCIS so my question is how USCIS knows that whether I am on EAD or H-1 B ?

    Can I treat myself on EAD and H-1B both

    Thanks for your response...





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  • GCHope2011
    09-12 11:01 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.
    Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.

    Which means that all status and benefits that are based on the underlying I-140 petition become null and void.

    You should definitely consult a lawyer to understand what options you have now.



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  • pappu
    02-17 12:26 PM
    Another op-ed should be coming soon in another media





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  • sammyb
    02-10 07:00 PM
    uploaded the letter...



    read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...



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  • bluekayal
    04-24 01:48 PM
    Your posts were always the calm within the storm. Take care and God bless you.





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  • eilsoe
    10-22 04:09 PM
    Tell me guys, where the hell is Vincent hiding in FF7?

    Never did find him, and I've played it like 3 times...



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  • vamsi_poondla
    03-22 09:47 PM
    Thank you for your replies. I will try and see.





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  • apahilaj
    01-15 10:51 AM
    8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!

    Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!



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  • masti_Gai
    01-05 02:57 PM
    he doesn't wanna switch his job. So I don't think he would buy-in this idea of yours. But porting his EB3 PD to EB2 would be the smartest move as the retrogressing is really really killing all of us.





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  • dealsnet
    02-24 09:03 AM
    If the work for the same employer is fine. The EIN in the W2 and 1099 should match.
    If any query comes, you can say overtime is billed on 1099.

    I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.

    Is it illegal even if it is the same job but extra work?
    Does it matter if the emoloyer already filed I140 on my behalf?

    I know atleast 2 individuals who did it and got greencards without a problem.



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  • Tantra
    07-16 12:33 PM
    If you feel that IV represents you, please become a member.





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  • gauravster
    01-16 01:41 PM
    Guys, looks like a lot of people are voting against H1B visas as well. I think since most of us are here on these visas, we should support these visas as well.

    Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.

    I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.

    On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).



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  • JA1HIND
    01-17 01:43 PM
    Sick & tired of this VSC processing time frames, I hope they know what they are doing?

    Applied for my H1/H4 (8th year) extension on October 22, 2007 and no approval as of today..not sure how long its going to take in order to approve these H1/H4 extension....my last approved H1 will expire in March 1st week of 2008. (still waiting for 140 approval at TSC).. Drama part-2 starts when ever 140 gets approved and applying for another extension .. oh lord!!

    Not sure if VSC is trying to meet processing time frames for these visa extension applications with applicants Date of Birth....:D (I am sure that's what they are trying to do with cases filed in EB2 for 140/485)

    oh god!! please give us energy & patience to deal with this processing centers!!





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  • transpass
    08-04 11:17 AM
    Hey, great example and at a good time.

    ....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....



    May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...

    I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D



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  • fatjoe
    10-25 09:05 PM
    I had a couple of appointments in Detroit in the past two months. Got to meet with two different IOs, who were cordial. At least told me that I was pre-adjudicated. But refused to dis-close any other info.
    Anyhow, got CPO emails for me and and my son on Oct 22nd. My spouse's case is at Detoir office. Planning to go to Detroit tomorrow, to see what's up with his case. Is there anyone, who got approval from Detroit office.
    Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.





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  • va_dude
    03-25 02:32 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.





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  • vin13
    07-27 02:12 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

    You are not obligated to inform USCIS about job change. So do not worry about that part.





    bobbydalal
    09-22 03:46 PM
    Guys forget what we think on the HR5882. iF WE ALL GET TOGETHER AND PRAY ANYTHING IS POSSIBLE. So lets stop being negative in our approcah and just say yes it will and keep calling and praying yaar.





    balimysore
    08-06 11:29 AM
    Hi Guys (and gals)
    My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!

    Now at least I know that they do process the cases that were transfered. aat0995: Can you please mention your USCIS receive date for I 140.

    Mine was received by NSC on Mar 22, 2007 and transfered to TSC on Apr 29 2008. I am on EB3.



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