Wednesday, June 15, 2011

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  • rbharol
    09-26 08:37 PM
    I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
    be changed.





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  • irrational
    04-03 04:38 PM
    Hi Milind70,
    Can you please send me the format of the letter which your wife wrote to USCIS.

    email: irrational.number [at] gmail [dot] com

    Thanks folks for providing me with the support





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  • GC9180
    06-19 05:59 PM
    lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.

    Well i feel the blood report might say something of that sort...just guessing!!





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  • Sage_of_Fire
    01-02 09:56 PM
    Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

    :)
    Okay, there's my answer. Nice two-birds-one-stone answer, Kirupa!



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  • doubleyou
    05-20 09:36 AM
    I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
    It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
    As a start IV should get a count of members who are in the background check doloop.





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  • arulz
    11-13 08:44 PM
    Why dont you write to your COngressman or Senator?
    If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.


    Is tehre is any way for PREMIUM PROCESSING for I485 pending case?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:



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  • vin13
    01-03 09:29 AM
    Here is my 2 cents

    You need to consider school and Green Card as separate issues.

    The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.

    Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.





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  • jnraajan
    03-27 01:14 PM
    Hey Dont Thank me. Thank IV, which is you and me and everyone else.

    Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.



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  • file485
    09-26 05:13 PM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    GCTrouble..

    can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..

    As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..

    Anyone who knows about this ..pls comment what is the right way to do this stunt..





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  • piyu7444
    04-28 03:32 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

    I m joining new company by changing H1.
    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter

    Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.

    There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)

    It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.

    You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.

    I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.

    Hope this helps...........



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  • dummgelauft
    04-14 10:04 AM
    Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.





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  • ujayra01
    07-12 10:21 AM
    Most of the EB3 India applicants having received their GC between 2002 and 2005?

    You really got to be kidding us. The 8 people I know of in EB3 during these period is still waiting.

    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.



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  • tiger05
    03-01 07:45 PM
    Hi Rocky,

    Thanks for your reply

    Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.





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  • mahujam
    07-29 01:13 PM
    Hmmm questions sent.

    This should have been publicized in the local chapters also.



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  • bb8185
    06-05 05:23 PM
    [QUOTE=martinvisalaw;345850]A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.

    Thankyou

    Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.

    Thanks again





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  • GC_1000Watt
    05-25 01:41 AM
    Don't think you can do anything about PIMS its a hit or miss. i got my visa renewed 7th year in Feb a few weeks before DS 160 came in to play. It was fairly smooth infact I felt they were much more organized this time then in the past years. If I recall my appointment was for 9:15 am I reached outside the consulate at 9.00am. They had us and the groups that I can't recall the term but indian co's that had groups of their peeps attending visa interviews in separate lines. Have your passport, original 797 and fee receipt together while waiting and from then on the usual. I have never seen or used the Strips Lounge but then I am a local too so comfort level with that. Good Luck.

    Thanks much!



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  • sandiboy
    08-23 05:25 PM
    Is it from NSC or TSC

    NSC





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  • plassey
    09-05 12:01 PM
    What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.

    Why should I worry about it? Do you really think you can make a difference?

    Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?

    You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.

    So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)





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  • Bpositive
    08-13 12:16 PM
    Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....





    gcpadmavyuh
    09-23 11:54 AM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


    I would really appreciate your help!





    Ramba
    09-23 02:42 PM
    AOS is neither vaild non-immigrant status nor immigrant status. It is a "period of authorized stay" based on contigency of approval of 485. Though, it has work authorization, there is no law clearly says they are eligible for school or any other benefits that immigrants enjoy. Therefore, it is difficult to explain to those have limited knowledge. It is better to get a letter from immigrant lawer to explain to school or just follow what school is suggesting.



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