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  • Lasantha
    02-26 10:38 AM
    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.


    I really did not get that one. Is it possible to explain that please?




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  • youngindia
    06-07 11:51 PM
    3 cheers to Nasscom!!!
    Iam moving to India with a GC or no GC. Where there are guys like IT conglomerates who know how to get back! I sure want to be a part of that competitive culture!

    That's the way Indian competitiveness should be projected. Senator Durbin has got a fitting reply from the big fish (Shark). Its an iron clad glove saying "Don't mess with free trade. THere are US cos doing business in India too!"




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  • akhilmahajan
    11-14 09:51 PM
    It will also give one a chance to tell their story to the senator or his aide.

    Right now everyone thinks there is no flaw in the legal immigration.

    If we keep on meeting lawmakers, it will bring to them the hardships faced by legal immigrants, so they might pay some attention to our cause.

    GO IV GO. TOGETHER WE CAN




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  • m.e.g.
    04-01 01:22 PM
    Ok, sadly there is no option in Illustrator 9. At least nothing convenient like when you go to save. I've tried searching in the preferences for anything that would let me save it as a PDF compatible, but no luck. Guess it finally time to upgrade. :emb:

    On the bright side there is a lot of good info on sunnypixels about what happens with gradients, strokes, etc. when you import them into Blend.
    Thank you!
    Meg



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  • pdakwala
    03-01 08:04 PM
    Support IV now or else start packing bags. There are few things that you can do and that is not difficult.

    1. Become member of IV
    2. Support them by contributing money.
    3. Support them by taking part in conference call and meet the lawmakers.

    You can do it. By the way stop giving others BS that

    1. We are on H1B and so no one will hear us.
    2. Is it legal or illlegal to contributing money.

    These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.




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  • rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.



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  • Macaca
    12-14 07:24 PM
    A USCIS rule appears in a USCIS catalog or addendum. My International Student Advisor had a catalog of rules for F1, COPT and OPT. Everytime I did something out of the norm, I made a copy of the rules. I will keep these rules till I get the green card.

    I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.

    I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.

    I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.

    The advantage of consular approval is that you get multiple entry visa.

    Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?

    Some things slip by but are noticed during the GC process.

    Other concerns.

    1. Kaplan was issuing I-20's in my time.

    2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)




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  • neodyn55
    07-30 11:45 PM
    If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.

    Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.

    Lighten up.



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  • ArunAntonio
    02-20 07:13 PM
    I used the data from this webite to apply for FOIA for I-140

    Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.




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  • rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.



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  • chanduv23
    09-04 11:16 AM
    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.




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  • ksircar
    05-11 10:20 AM
    Guys,

    I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

    http://capwiz.com/aila2/issues/alert/?alertid=9589591

    Letter content pre-exists if needed you can change.

    Let's inundate senate & other members with what we are facing..

    -IV2007
    EB2 Labor Pending

    But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?



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  • amsgc
    05-07 10:12 PM
    I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!


    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.




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  • yganreddy
    06-16 08:40 PM
    Hi Guys,
    My personal experience on this. In my case I found a positive skin test and went for X-ray scan. In xray scan they found a module and USCIS doctor is reluctant to give a 693 until I got clearance from PCP. I researched a lot on this and found that positive skin test might be because of different bacteria in body which may cause to bump and not exactly the TB bacteria. There is a new test called TB gold test, where they will specifically test for TB bacteria in blood sample. This was negative in my case and got a result from pulminology department. USCIS approved doctor gave 693 after reviewing it. My GC got approved without any problem. Accuracy in tb gold test is 97% where as skin test is 70 to 80%. I agree the volume of tests are less but the new technology is more accurate than the old. Hope this helps.

    Thanks



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  • snthampi
    08-17 12:40 PM
    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

    As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.




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  • kumjay
    06-28 03:58 PM
    Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.



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  • jkays94
    05-31 05:12 PM
    FAIR and NumbersUSA have been designated as Anti-Immigrant groups by the SPLC, you might want to read more about them and their agenda here. (http://www.splcenter.org/intel/intelreport/article.jsp?sid=175)




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  • st4rguitar
    04-14 08:38 PM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

    No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.




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  • GCNirvana007
    04-08 04:50 PM
    Also, did you know we have some action items? and did you notice some people donate time and money?

    Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.




    augustus
    10-08 07:42 PM
    Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.

    However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?

    I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!

    Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?




    EB3June03
    06-18 01:08 PM
    From:- http://www.cdc.gov/ncidod/dq/pdf/civil_surgeon_ltr.pdf

    Technical Instructions for Civil Surgeons
    A new TB classification (Class B: Latent TB Infection Needing Evaluation for Treatment) should be used for all applicants who are recent arrivals to the United States (less than 5 years) from countries with a high TB prevalence, with a Mantoux TST reaction of 10 mm or greater of induration, and no evidence of TB disease. See Section V of the TB Technical Instructions for other conditions for which referral for evaluation for treatment of latent TB infection is recommended. The civil surgeon should pro-actively contact the TB Control Program of the local health department to identify specific sources of treatment for latent TB infection and make the appropriate referral.

    What if the applicant is NOT a recent arrival in US and does NOT have any evidence of TB disease? I hope there is another category for that (which might be exempt from treatment).



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