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Saturday, July 2, 2011

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  • kirupa
    11-21 11:47 PM
    haha - good point :P

    So, it seems like I will be unable to add the poll today like I had hoped. I got sidetracked with some other things. Apologies. Tomorrow is the new today.

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  • sanju
    01-22 03:39 PM

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?

    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.

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  • Desertfox
    04-28 04:11 PM
    The new administration has definitely something to do with this. Being an AZ resident for a while, I noticed how popular Janet Napolitano was here as a governor, even in this strongly republican state. I am sure her nomination as DHS secretary will bring more positive changes for us.

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  • tonyHK12
    10-11 05:43 PM
    until the economy improves, i am not too optimistic that something will happen in lame duck session
    well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.

    'The best defense is a good offense'
    - Sun Tzu - The Art of War
    - Bruce Lee - Jeet Kune Do, Wing Chun

    for CIR......some people are going to bash me for this, politics blah blah...
    'Dont use a Cannon to kill a Mosquito'
    - Confucious

    Disclaimer, I'm an Indian


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  • gcdreamer05
    02-13 10:50 AM
    do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

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  • HKK
    12-13 12:59 AM
    I am going to new Delhi for h1b stamping in few days. While preparing my file for h1b stamping, I figured that my attorney has mentioned wrong SSN on for I-129. Past 4 numbers of SSN mentioned is last four digits of my phone number which is not right. Would it adversely affect my h1b stamping? What should I do? I am going to india after 4 years and I noticed this mistake at last moment. Somebody please help....!!!

    I work in an immigration law office, so I know the general procedure.

    Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.

    Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.


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  • Bpositive
    04-02 09:37 PM
    there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....

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  • ck_b2001
    07-19 10:54 AM
    guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?

    you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.


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    08-24 02:14 PM
    One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.

    Reasons why one would do this -

    1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available

    2. Job Role changed significantly enough to warrant a new Labor.

    3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.

    4. Upgrade from eb3 to eb2.

    My case is like this:I have applied for eb3 with priority date feb2004.But my attorney is telling why dont we go forward with eb2 perm & I-140 and once it is done send a letter to the uscis asking interfiling with the alreadyfiled eb3 so if everything turnsout well it will be eb2 with eb3's priority date.Whether is it a good option?any advices friends..i'm fearing whether uscis gets confused & close the eb3 case then my priority would become eb2 2007 :(.can anybody throw some light on this

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  • jonty_11
    07-23 04:49 PM
    I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
    well if u dont have receipt hance no EAD/AP, you are at their mercy forever.


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  • conchshell
    07-30 12:04 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?

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  • ras
    05-23 10:29 AM
    Is EAD to H1 a complicated process? If so what could be the reasons.

    I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.


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  • Ennada
    01-13 10:21 AM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...

    I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.

    In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.

    Good Luck.

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  • cool_desi_gc
    08-10 11:15 AM
    Guys please dont make such comments and scare everyone...There is no rule that that address shud match the address in ur 485 application.USCIS is not so dumb to look at the address on each of the check.No one ever in this country will ever validate the address on checks...no worries guys


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  • grupak
    03-28 11:09 AM
    also, category selection (eb2, eb3 etc ) is not persistent in the session

    Yeah, there are some kinks when checking different categories...

    Question: Is there a way to search for IV handle? I wanted to look at my info.

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  • jchan
    05-14 05:25 PM
    As far as I know, there is another one for US Educated Advance Degree in STEM. But I don't remember the number of the bill.

    On what basis are you saying this?
    If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.

    We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.

    PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.


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  • priderock
    08-06 11:55 AM
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

    My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.

    She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.

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  • bkshres
    10-07 01:06 PM

    I recently moved from Ohio to Maryland. But Maryland DMA is saying that they can not issue Maryland driver's license based on my Ohio license BECAUSE my Ohio driver license has "non renewable/non transferable" note in it. In Ohio for all non-immigrant, they give driver's license with "non renewable/non transferable" note. Until someone gets green card, the note will be there in Ohio driver's license.

    Did anyone have similar situation moving from Ohio to different state? This is strange rule in Ohio. but now if I have to get driver's license in Maryland, DMA is saying that I need to start from the beginning like fresh driver starting from driving school, certificates etc etc.

    Please help.


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  • overseas
    09-10 03:44 PM
    Thanks for sharing this info.

    Tomorrow I've Infopass at the same Lawrence office. Yes even I've to drive around 50 miles to that sh...town.

    Will post my experience tomorrow afternoon.

    05-27 11:37 AM
    How will the new bill affect the I-485 processing time?

    Does anyone know the minimum and maximum times required for I-485 processing?

    What type of factors delay the I-485 processing?

    Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?

    Thank you in advance for your information.

    07-16 10:25 AM
    As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.

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