Friday, June 10, 2011

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  • waitforgc1
    05-07 12:08 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random





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  • frostrated
    06-18 02:35 PM
    My current visa status is I-140 approved, I-485 pending, EAD and AP approved.

    I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.

    if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.

    In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
    By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
    By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.

    Check with your lawyer before you do anything.





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  • paskal
    07-20 08:33 PM
    a link that says 485 filing needs tax returns.
    please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.





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  • sanju_dba
    09-30 10:50 AM
    Unfortunately NO. you cannot declare anything while leaving India.
    My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
    Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D

    Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
    Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.



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  • rolrblade
    10-08 09:57 AM
    Hello Friends:

    I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.

    I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.

    My questions are the following:

    1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
    2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
    3. Do I have any other options here (I dont have EAD yet, just applied last week)

    Your responses would be greatly appreciated. Please help.





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  • crazyghoda
    05-06 02:54 PM
    Wearing a badge and walking around doesnt have that much impact. What would make an impact would be if someone from IV was a speaker at the conference and highlighting the issues and wait times faced my legal immigrants from India and China.

    Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.



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  • nkavjs
    11-15 09:47 AM
    Tri State Folks,
    You just saw priority dates in Dec visa bulletin. What do you plan to do now?
    I have some answers for you but would like to hear from you first..

    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks





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  • bluekayal
    08-20 02:24 PM
    I've tried several times recently to check my status at TSC. Each time I get the same reply, " We do not do status checks any more. Please contact National Customer Service, and do a referral and open a Service Request."
    I'd love to know how others are tackling this new obstacle!



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  • willwin
    07-09 10:07 AM
    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.

    Pappu,

    Thanks for the response! I really appreciate that.

    I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.

    All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.

    From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.

    Thanks again!





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  • Oasis52
    05-16 08:37 AM
    Hi
    Thanks for the replies

    Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:


    You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.

    If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.



    My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?

    Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?



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  • chanduv23
    07-25 09:34 AM
    I am in same situation. My previous employer has informed me that he has already revoked my 140 petition. I sent in the ac21 paperwork to be on safer side and also verified my home address on records in case they send something. You may want to do the same, also, make sure you have your own Attorney and file for G28 promptly.





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  • jkays94
    06-29 07:39 AM
    The reality is there will not be another immigration bill this year if CIR does not make it. And calling CIR the "amnesty bill" means some of us may have started pandering to and unfortunately have fallen for the anti-immigrationists propaganda trap. That is fine if one thinks its okay to wait for another two years while a new congress settles in and for key immigration bills to come to the floor. However "cutting and running" is what we do when out of fear of association we fail to stand up and speak up and explain our motivating cause which is the plight of legal law abiding immigrants who contribute legally to this country. In my own personal opinion this is an excellent opportunity that can put IV in the spot light and distinguish IV for standing up for highly skilled immigrants. This requires good orational and communication skills so that one is not misquoted. If it takes wearing a t-shirt saying "Support Legal Immigrants" then so be it, but lets not cut and run on the basis of someone elses propaganda. If IV opts out then let it be because we could not find someone who could clearly get our unique message and goals out. Thanks to randallemery for bringing this opportunity to IV's attention and I hope the IV core will respond appropriately as this needs to be a well coordinated effort. When people fully understand the humanitarian reasons why legal immigrants need relief through CIR they tend to be more compassionate and supportive. However if we sit and twiddle our thumbs because of what Lou Dobbs says then we are doing exactly what these anti-immigrationists want us to do. The primary victory of Rep Chris Cannon (R) in Utah ought to be a shot in the arm for those fighting for CIR. Instead of cutting and running he supported CIR, the anti-immigrationist opponents attacked CIR and in the end they still lost. Rep Cannon had the opportunity of being associated with the alleged "amnesty" bill but he stood up bravely to be counted as a CIR supporter and prevailed in the end.



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  • waitin_toolong
    07-30 01:31 PM
    Congratulations,

    dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)

    To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.

    Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.





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  • h4visa
    07-27 01:46 PM
    After EAD is approved, H4 can work anywhere in any job.


    Thanks much Jasmin.



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  • jayleno
    12-12 12:56 PM
    If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
    I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.

    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





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  • GCBy3000
    07-08 11:38 AM
    When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.

    My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.

    My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?



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  • vxb2004
    10-25 08:42 PM
    USCIS is well behind updating the status online. My AP says "Pending", but I received an approval note from my attorney.





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  • pappu
    01-02 08:34 PM
    Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member


    thanks
    IV is working on this and we shall be making this live shortly.





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  • gcisadawg
    04-07 03:41 PM
    jnraajan,

    Thanks for your reply! We surely dont want to jeopardize the ability of her to visit us again! We may have to stick to the original expiry date then!

    Would taking an Infopass appointment help?

    Other Folks,

    Pls. let me know if there are other feedback.

    rgds,
    gcisadawg





    dbevis
    May 17th, 2005, 06:33 AM
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    08-31 01:15 PM
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