Friday, June 24, 2011

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  • sash
    06-20 01:16 AM
    What do the people in the following circumstance do:

    1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??

    2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?




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  • xela
    06-14 11:56 AM
    I just checked on my service request and after 2 weeks they still have not done anything, no updates on case no fp notice nothing since April 30th...and here they received it on April 16th....

    I am not sure i need a fp notice, I simply hoped that they would look at the EAd if I put in a service request, because they have been sitting on it

    I also was told by this lady that the 90 days turnaround of EADs is just an estimate and I need to wait 45 days for a response on my service request....well i am on 60 days for EAd now so 60 plus 45 thats 105 and I cannot afford them messing around this long!!!!!


    :confused:




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  • GCwaitforever
    05-24 09:26 AM
    Great job guys. So far this has been the big event with our direct participation and which grabbed headline news. I hope with this coverage, the Senators turn their heads towards legal immigration. Kudos to Aman, Tracy Hong, Shilpa and other core team members who are sacrificing their time and money by representing IV.




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  • bigboy007
    06-03 01:57 AM
    This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?



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  • vinoddas
    07-30 10:59 AM
    If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.

    Hi,
    Could you please elaborate on this point? Under what conditions can she use *my* priority date?




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  • jonty_11
    10-06 12:48 PM
    I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
    After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
    My 2 cents.
    USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
    U will be lucky if they dont!!!!

    With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...



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  • Euclid
    02-11 02:11 PM
    Hi,

    My OPT was approved and I received the approval notice. But the card itself
    has been lost in mail. I have applied for a replacement card.

    I am aware of something called the "I-9 receipt rule" wherein the receipt for
    the replacement of a lost document can be used in place of the document itself
    for a period of 90 days.

    Does this apply to my case? In other words, can I use the receipt of the replacement
    request to work for upto 90 days?

    Thanks in advance!

    PS: I am aware that I cannot start working based on the approval notice itself.




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  • flresident
    04-08 01:55 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.



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  • krishna.ahd
    02-23 04:46 PM
    Can H4 dependent join college without changing his/her visa status to students visa.

    Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
    Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
    I dont think there should be any impact on GC process, consult your attorney




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  • mk26
    05-27 08:28 AM
    Looks like this is another bigger issue after our green card issue. Can we do something about this?



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  • sash
    06-19 09:48 PM
    I am not sure I understand your comments. Can you elaborate on the risks and required travel documents?




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  • my_gc_wait
    08-10 11:20 AM
    1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
    2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

    And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.



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  • engineer
    06-03 01:53 AM
    Keith Ellison, Congressman from MN was in Milwaukee, WI today.
    I had a chance to meet with him on a small gathering for his fund raiser.

    He is a member of Judiciary commitee.

    We asked him questions on how to become more active in Politics, how Congress works etc etc.

    He gave a good example:
    He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
    And if one kid is shy and does not say anything then he is not going to get anything.

    Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
    So when they vote they know that what are issues for legal immigrants.

    If you don't then you won't get anything. It is that simple.

    thanks,
    engineer




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  • jonty_11
    07-16 07:11 PM
    Bluez,

    How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
    seee SFO website...they issue PCC is upto 45 days, I think...
    cgisf.org - even better call them



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  • needhelp!
    10-09 01:26 PM
    Dear IV Folks from Texas:

    Please come and join our yahoo group. We have a lot of work that we need to do here in the lone star state, and your help and input is needed !!!

    Please join our yahoogroup:
    http://www.yahoogroups.com/group/texasiv

    Immediate help will be if you keep this thread bumped for others to join. Appreciated!




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  • ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.



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  • sujan_vatrapu
    10-21 10:18 AM
    Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.

    I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?




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  • glus
    10-19 08:28 AM
    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.

    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John

    Hello,
    INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.




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  • Roger Binny
    09-01 02:14 AM
    Very good one, thanks OP.

    Some striking lines...

    “I thought they would be so happy in this country — all the houses, the food, the cars,” said Najia Hamid, who founded the Afghan Elderly Association of the Bay Area, an outreach group for widows, with seed money from Fremont. “But I was met with crying.”

    Young couples who need to work to support families have imported grandparents in part to baby-sit. There is a misguided assumption that baby-sitting is sustenance enough for the aging, said Moina Shaiq, founder of the Muslim Support Network, which brings seniors together. “We are all social beings. How much can you talk to your grandchildren?” Mrs. Shaiq said.




    VMH_GC
    12-20 12:11 PM
    I got my h1b visa stamping done recently. My labor and I-140 EB2 approved, did not take any labor approval and I-140 papers.




    485Mbe4001
    05-17 06:31 PM
    question along the same lines, any idea how much it costs to get LC via perm?



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