Tuesday, June 14, 2011

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  • NIW
    08-30 05:33 PM
    We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

    Thanks
    Srikanth
    P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.




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  • rajuram
    11-14 10:00 PM
    It is 200% certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.

    One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.

    Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.




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  • amsh
    08-22 01:52 PM
    I think yes ,if you have a scanned or original copy or the Application number of old I140




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  • tbass
    04-16 12:54 PM
    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.

    Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
    Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.



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  • sledge_hammer
    12-03 04:59 PM
    Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -

    http://www.uscis.gov/files/article/public_cqa.pdf

    Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?

    A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
    In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
    If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.




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  • syzygy
    07-11 05:58 PM
    I will distribute flyers in Indian stores in Hayward/Foster city area. Will definately be there on Saturday with at least one friend (I am new in area)

    Lets rock the bay !



    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D



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  • franklin
    02-10 10:14 PM
    It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.

    I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.

    If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker

    You should eligible for Eb2 by default because of your education unless your current job does not need one..

    It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated




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  • tbass
    04-16 12:54 PM
    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.

    Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
    Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.



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  • mrdelhiite
    07-24 03:55 PM
    Thanks for your replies.

    His company is paying for it. It is a F500 company. He was concerned that filing green card now might jeopardize his current full time position in case of too many replies and RFE's.

    -M




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  • punjabi
    07-31 02:56 PM
    If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.

    Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.

    I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.

    Good luck.



    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
    .....
    .....
    through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.



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  • leoindiano
    08-28 10:50 AM
    Pappu,

    I am not a recurring payment subscriber. I dont want to be. I still contributed 600$. That is like a monthly contribution of 25$ for 2 years. I am not sure why i have to explain this.

    Only recurring subscribers are Donors? Is that a new definition?




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  • Legal
    07-26 12:32 PM
    very good idea! We should fight..

    This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.

    If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D



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  • kondur_007
    03-25 08:31 PM
    Got some answers for you (they are in red below).

    good luck.

    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 � shows 57,000$/yr
    2006 W2 � shows 50,000$/yr
    2007 W2 � shows 58,000$/yr
    2008 W2 � shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
    I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.


    Thanks.




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  • NKR
    06-02 10:35 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    I am sorry, I cannot help you there since I am not aware of the consequences. Please consult an attorney



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  • va_dude
    06-16 11:56 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.

    va_dude




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  • franklin
    06-15 12:33 AM
    Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition

    Long Stroy in short form with the rules underlying AC 21 act
    If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD

    Yes, lets hope the removal of AC21 in CIR has been reversed !

    Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)



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  • rahulpaper
    01-01 12:13 AM
    vote..............
    I got FP notices today (NSC>CSC>NSC). No SR opened.




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  • pappu
    07-30 10:25 AM
    Pappu - I agree with you in totality that it is an opportunity wasted when people focus on the individual issues. But, after listening in on a couple of calls, I find the whole call to be not much of use as they always defer the question with 'we have asked the TSC to find out' or 'that is for the USCIS to answer'.

    I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.

    If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.

    I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.

    USCIS leaders too have meetings where organizations can take part. But one has to go to DC and take part in them during office hours. IV has met with their leadership a few times for our admin fixes.

    Other avenue to meet USCIS is via their state offices. I had passed this information to state chapter leaders many months ago so that they start building relationship with the office in each state assigned the task of interfacing with community groups like IV in each state. I know MI chapter had reported that they established contact but do not know if they pursued it further and if other chapters too succeeded in making progress.

    These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.




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  • conchshell
    07-31 04:56 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?

    Just to let you know guys ... I got a CRIS email 10 minutes back ... informing that my wife's EAD is also approved. This is a good news because our priority date will be current from tomorrow. However, I don't know we will get the EAD for one year or two year. I guess we will just wait for the cards arrival. Thanks to all the people who responded to my question.




    drirshad
    06-30 02:51 PM
    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....




    seaken75
    10-31 09:07 PM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!



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