Thursday, June 16, 2011

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  • chanduv23
    11-20 11:16 AM
    Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.

    http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html

    This is a significant development and one is likely to affects us all.



    .

    Hmm interesting - I can smell CIR coffee brewing.

    EB folks - brace for a bumpy ride




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  • immilaw
    09-21 08:37 AM
    I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
    Thanks.

    You should send the documents to the service center which issued the RFE. The mail address of the service center should appear on the RFE.




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  • sku
    01-16 03:29 PM
    The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:


    Termination and Layoff Tips
    Ensuring that decisions are properly documented and supported
    Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
    Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status

    Avoiding Legal Landmines When Reducing Pay or Hours
    Avoiding potential discrimination and overtime claims
    Preventing wage violations for nonimmigrant employees and employees sponsored for green cards

    Managing Office Closures: Forced Vacation or Time Off Without Pay
    Avoiding wage and hour violations

    Strategies for Reducing Immigration Costs
    Establishing policies for employee payment of certain immigration costs
    Drafting enforceable repayment agreements




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  • sreeanne
    11-13 04:28 PM
    Dont worry. You are about to get your FP notices :o



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  • bigsky
    10-18 11:06 AM
    Thanks a lot for your advice Pappu and I don't think it has anything to do with my employer, there were four other Labor Certification�s applied during the same time period and three of them already certified and mine was the only one which got screwed. I will consult with the lawyer about my situation.

    Thanks for your input nycgal369.




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  • chanduv23
    06-29 09:34 PM
    I guess the cases that are pre-adjucated are called for interview.

    Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.

    Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.

    In other words "preadjudicated" means "approvable"



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  • desi3933
    02-21 08:29 AM
    ......
    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).

    Here is my old post dated 09/09/2008 on this topic
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704

    .....
    Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
    .....


    And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.

    In short, aal izz well.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • martinvisalaw
    04-26 04:25 PM
    I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring whoever they want - especially in Texas. However, it is not really an immigration question. You or, ideally the client company, should see an employment lawyer here in Texas.



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  • ragz4u
    04-13 09:58 AM
    So total is 90 days after Prez signs (normal for every bill) + 90 days (sessions amendment) = 6 months




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  • radhagd
    03-09 03:19 PM
    H1B is not required for filing Perm labour. You can file Labour in EB2 and after labour got approval you can file I140 along with Request to port PD. Once you get I140 approved with early PD on it,file another I485 under Consular Processing, when your dates are current. This will not effect your current EB3 I485.



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  • Administrator2
    08-05 12:04 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch


    If you are in an emergency situation and need to renew your ppt on urgent basis, please send me a PM.




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  • immigrationvoice1
    02-27 02:23 PM
    Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.



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  • Madhuri
    02-25 11:11 AM
    You can get EAD and AP when you apply for I 485. After you get EAD you can apply for SSN. Looks like you and your mom have not yet applied for I-485. If that's the case, then unfortunately you won't be eligible for FAFSA as per my knowledge. I may be wrong.




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  • funny
    09-16 04:09 PM
    http://www.numbersusa.com/content/nusablog/beckr/september-15-2008/massive-foreign-worker-increase-back-ali.html



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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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  • saravanaraj.sathya
    08-22 03:02 PM
    We can do it in New York city for new york residents....Any thoughts?



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  • zj142
    12-22 09:14 PM
    My understanding of "This includes cases where a change of employer has occurred" is alien beneficiary can retain his/her PD in the case of changine employer. Change of employer is not included in "Fraud or willful misrepresentation".




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  • amdee
    12-23 04:31 PM
    Hi,

    If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.

    thx




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  • ram_ram
    06-08 02:16 PM
    Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..




    makemygc
    06-14 11:02 AM
    Bump
    /\/\/\/\/\/\/\

    Sorry to bump it. Wish someone could answer my question or could share their experience.




    piyu7444
    04-01 01:45 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other



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