Sunday, June 12, 2011

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  • walker15
    02-15 10:55 AM
    Also your immigration attorney's involvement is very crucial in regard to your case.




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  • serg
    04-06 11:18 PM
    that's the official title of the bill, nothing wrong with it.
    they still have a cloture motion vote tomorrow morning, so we'll see.
    Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)




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  • stucklabor
    09-19 06:43 PM
    BKarnik is partially correct, I got a H1 extension for 3 years after my I-140 approval but my lawyers had to specifically call USCIS' attention to the approved I-140. It is possible that your lawyers did a good job of putting together the H1 application so USCIS was aware of your GC application and cross checked and gave you a 3 year extension based on the approved I-140.

    Re: your situation with the new job situation, you should submit this question to the next Lawyers' conf call.




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  • WillIBLucky
    05-30 01:39 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.



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  • nlssubbu
    08-01 12:55 AM
    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.

    How come mearly applying for 485 made his wife's H4 status become illegal? She can apply for AP whenever she want to and can apply for EAD as well. Only use of EAD will made her H1/H4 status invalidated.

    Thanks




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  • abhisam
    01-08 02:01 PM
    I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.

    Thank you for your reply!



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  • Vitriol
    04-13 09:12 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?




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  • morchu
    05-14 12:09 PM
    Thanks for pointing this out (Hernandez letter).
    It is new information to me.

    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..



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  • GCWhru
    08-20 11:41 AM
    We are also in the same situation. Mine got approved on Aug 11th but no LUD on spouse's case.

    We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.

    He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.




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  • diptam
    05-12 11:01 PM
    Generally i see such emails on Friday/Saturday late nights - hopefulgc is doing it Monday :) Just Kidding and take it EZ !!

    Things are no so easy - if laws could be changed easily, lot of lobbyists have way more than 1 MM dollar - that's not any big money at US ... Massachusetts Governor Mitt Romney wasted 35 MM personal fortune, Billary Clinton in strangled in 15-20 MM election debt where as Barack has created a historic fund raising record ( who single mother has raised him by taking help from Food stamp )

    Everything is not just money (at least in America) - the line of money ends somewhere - even America being a Capitalist Nation. You know why Dick cheney is hated by 75% of Americans ?????:)


    We need to raise a million $. Anything less is seeming to just not cut it.
    Look where we are now with our half-hearted efforts.


    [B][COLOR="Red"]Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln


    Brethren.... rise!



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  • rimzhim
    06-01 01:57 PM
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
    And when they vote, they may delete the H1B from the cap-removal and retain the GC, which will be just fine for us. We should support this amendment. It might go through after some changes.




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  • gc_on_demand
    11-20 12:13 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.

    Harivinder ,

    WE are core here. Right now given economy environment only few members are insterested into this forum. Rest are enjoying life with EAD or busy replying RFE's ... We need to wait for sometime becasue no matter how loud you cry right now no body is there to listen. ( Lame duck session is short and 100 % no hope for us. )

    I dont think we can push something to congress untill Feb 2009. So enjoy time with family in holidays.



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  • coolduggar
    05-07 02:33 PM
    What will happen to those who have already used AC21 if you suspect this rule is going to change and not favourable to us ?




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  • rimzhim
    06-01 01:57 PM
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
    And when they vote, they may delete the H1B from the cap-removal and retain the GC, which will be just fine for us. We should support this amendment. It might go through after some changes.



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  • abhisam
    01-08 11:37 AM
    I got it in a week, I got it from SF Consulate.

    wow..that was fast. did you go there personally? I am in Los Angeles and mailed it to the SFO office in December. No news yet.




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  • kevnss
    03-20 12:35 PM
    You are right, here is the link to see more information about the rules..
    Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2

    Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".

    I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.



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  • vinnysuru
    04-01 10:10 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



    Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.

    Would you mind sharing specifics of your case?
    1. What was your exact PD (Day?)
    2. Which service center did you file with?
    3. What day did you file in July? Are you in any special category with EB2 like NIW?
    4. What is your country of chargeability? Are you cross chargeable to any other country?

    Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.

    I am Happy for you! Gives all of us hope.




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  • webpromo
    03-24 12:37 AM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported




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  • rongha_2000
    10-02 01:17 PM
    Thank you.. THis is very helpful.

    You do not have to apply for new SSN but do the following taken from SSA website:

    If your work eligibility has changed or if have become a U.S. citizen, you must apply for a replacement card. Your replacement card will no longer read �Not Valid for Employment,� but you will retain the same Social Security number.

    To get a replacement card:

    Complete an Application For A Social Security Card (Form SS-5); and
    Show us documents proving your:
    Immigration status;
    Work eligibility; and
    Identity.
    Take (or mail) your completed application and documents to your local Social Security office.
    All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.

    We will mail your number and card as soon as we have all of your information and have verified your documents.
    For details about the type of evidence you must provide, see Social Security Numbers For Noncitizens (Publication No. 05-10096) or Documents You Need for a Social Security Card.




    GCBy3000
    04-15 06:35 PM
    I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

    1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

    2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.




    IfYouSeekAmy
    01-11 03:51 PM
    Why do you even assume that the people who come here by winning the DV lottery are going to abuse the system just like that. One of the requirements to qualify for DV is high school education and work skill in addition to have been born in certain countries. Please look that up. So these people may not neccessarily have advanced degrees (although some may well have them) they are still educated and skilled people who after coming here will start working and start contributing to the society. Yes, there will be some exceptions but then I am sure there are few people in EB lines that abuse the system.

    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc

    If this passes. THere would be a huge relief among people who have advanced degrees



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