Saturday, June 11, 2011

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  • mpadapa
    01-21 12:57 PM
    Caliber, sorry to miss U'r presence. Hope you R actively working on the letter campaign

    Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.




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  • shana04
    02-26 03:27 PM
    What are the steps and actions to initiate the case to be picked up when the priority date is current.

    Please advice!

    Thanks in advance




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  • ahaadi
    07-10 09:28 PM
    In case his I-140 was approved then there are no problems for this scenario right?




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  • shx
    04-27 12:48 PM
    GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.

    It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).



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  • xyzgc
    01-01 01:37 PM
    Dear fellow IV'ians,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.

    Happy to note that your trial and tribulations have come to an end. I had very similar issues back in 2001-2




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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.



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  • Dipika
    06-20 12:51 PM
    Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....

    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.




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  • ramaonline
    12-29 05:49 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney



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  • EndlessWait
    07-09 01:08 PM
    Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs

    lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.

    Ofcourse its protectionism for those who thought its a fair game!




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  • ivjobs
    11-11 04:48 PM
    This is pretty cool and a nice feature for the benefit of the members. Once this is successful, probably we could get few more willing attorney's who can help the members in a chat environment.

    This is definitely a big leap towards benefits being offered to the IV members.

    Awesome, keep it up core...



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  • ash0210
    11-09 12:36 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)

    Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?

    I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!

    Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!




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  • purgan
    12-08 03:47 PM
    Mike Huckabee is fast emerging as the leading Republican Presidential Candidate, and has a commanding lead in Iowa.

    While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.


    http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
    Modernize the Process of Legal Immigration:
    Increase visas for highly-skilled and highly-educated applicants.
    Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.

    Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
    http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=

    The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!



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  • papajon
    06-18 02:23 PM
    Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?

    The lawyer said H1 can be extended while the appeal is still pending.




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  • JunRN
    07-18 03:55 AM
    I have this dilemma. Since schedule A is exempted from LC, the priority date of Schedule A is the filing of I-140.

    My question is:

    Should I need to file in July to get a "July" priority date to say that I am filing using the "July VB" or can I file in August, in which I will August PD?

    If I file in August then will get August PD, shouldn't it be construed that I am using the "August VB" therefore not allowed to do AOS?

    My lawyer says otherwise.



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  • willgetgc2005
    12-14 03:57 PM
    Thanks all.

    1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
    create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.


    2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?


    3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?



    __________________________________________________ _


    1. When you file it online, the category for your wife would be h4.
    2. Send it separately please.
    3. Send the following after applying online:
    a. A print out of the confirmation page that you will get after applying online.
    b. 2 Pics each. Put your a# on the back of the pics.
    c. A copy of any approval notice showing your current status in USA.
    d. A copy of I 485 reciept notice.
    e. A copy of old AP (if any).
    g. A small letter mentioning why you need the AP.

    Thats it and you are all set.




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  • mayhemt
    04-20 06:33 PM
    For all the critiques against this march....
    Remember, this march is for pushing lawmakers to 'take up comprehensive immigration reform'. This is not for granting immediate amnesty to undocumented/illegals.

    If you are waiting for exclusive reform on H1B/EB3-I/EB2-I instant-green-card-welcoming kit, well, good luck in your shell for another 1000 years. Why not join hands with another group for a similar & bigger goal? Like I said in my initial post, there's nothing to lose... Consider it. Its a 'I scratch your back, you scratch my back' thing..

    With a lot of media attention, they finally might take it up seriously before another year is wasted.

    From Why March? � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/why-march/) ..

    Our broken immigration system hurts millions of families across America. It keeps workers under the exploitative heel of employers, pitting workers against each other when we could be united to move our economy forward. It keeps men, women, and children living in fear of raids, detainment, and deportation. Every day that our government doesn�t pass immigration reform, the fabric of America is unraveled, and the American dream is deferred.

    Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.



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  • sat2010
    03-05 11:23 AM
    Congratulations All , good to know that eb3 to eb2 case is going through.

    what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

    Thanks in Advance .




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  • Ruta
    07-17 05:25 PM
    D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?




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  • Suva
    07-23 12:22 PM
    R. Mickels




    BB_1976
    06-17 09:20 AM
    My H1B expires in Oct 2006, I applied extension for my 7th year and got approval till Oct 2007, based on pending labor with company A. I am planning to change employer soon. They are planning to file my Labour before end of 6th year. Still I am confused. My 7th year starts from Jan 2007, will this H1B be valid even if company A is withdrawing my application or even if the company closes?

    I saw in the earlier posting that 8th year extension is valid even if the employer withdraws the pending LC

    I heard for someone else that my 7th year H1B becomes invalid when the company A withdraws or closes.

    Please advice. I really appreciate your help.

    thanks:)




    sinziana
    01-20 01:04 PM
    I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
    First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.

    sdudeja, nice to meet another teacher on the forum!
    hi,
    tell me please how is this NGO
    i AM teacher and I am looking for ajob in USA
    THANKS



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