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  • gc_chahiye
    07-18 07:53 PM
    and researched by Pappu himself. Check the archives in the last 30 days.

    bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.





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  • waitingnwaiting
    11-29 10:22 AM
    This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
    Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??

    First people who do not have greencard should support.
    Right now we do not even have 1% of those people part of IV





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  • Wewilldo
    11-25 09:21 AM
    Thanks for the reply.
    So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
    Am I correct?

    Hi Andy,

    I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.

    If you have time can we talk for seconds, 914-217-6925.

    Thanks,
    JAtin





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  • sanju
    04-19 10:59 PM
    can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?

    Googling around, and am not able to find anything...


    Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".

    Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.

    Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.

    This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.

    Hope this answers your question.



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  • mihird
    11-17 03:31 PM
    You should check the latest visa bulletin from DOS..so you won't be able to file 140 & 485 concurrently...





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  • msandhu
    01-08 05:12 PM
    I have traveled twice on same AP since in last 9 months. Once to canada and the other time to India. The immigration office does not look at anything other than your AP and passport. The most they will ask is what do u do and who applied for your green card.
    You do not need to worry about anything and can travel freely.
    Cheers
    MSandhu



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  • MLS
    06-19 12:37 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.

    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.





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  • chris
    10-18 08:22 AM
    Hi Kitiara,
    Ive had a look at your animation, and Ive got the size down roughly another 2k.

    What I did was I opened up the animation in fireworks and exported/optimised each layer, then I reopened each image and put them back on the canvas which I then trimmed to match your layers.

    What you could try is to only use photoshop for the image work and apply the text from fireworks, I'm not sure if this would make much of a difference but it might reduce it a further couple of k.:bandit:



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  • sircaustic
    07-20 12:43 AM
    good to hear that it worked out ok in your case!
    One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]

    Well.I did not have to request for confirmation. My attorney received the letter the next day after I received the automated email. The online status for my case still shows as "Denial Notice Sent".:(





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  • pmamp
    03-20 03:31 PM
    I think there is something cooking. As always will have to wait .....



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  • harrydr
    01-26 07:10 AM
    So does this mean that the dates haven't moved a bit for the month of March or we should wait until the 10th of february to get the visa bulletin for March??





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  • pune_guy
    06-06 01:11 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    485 receipt is proof of AOS

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.

    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?



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  • kumarc123
    10-22 09:28 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks

    Hello there,
    Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
    So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?

    Hope it helps





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  • krishnam70
    02-17 06:59 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.

    Enjoy

    - kris



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  • LostInGCProcess
    08-18 07:36 PM
    I thank you all for your encouraging and kind response.
    The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
    My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
    The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
    But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
    So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.

    Thanks again for all your advice.

    Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.





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  • hebbar77
    09-09 03:27 PM
    I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.

    I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.

    Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).

    two contrary pieces of information from a govt agency!!

    Anyone with similar experience

    I am sick of this USCIS !



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  • waitin_toolong
    06-16 11:55 AM
    Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.

    These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.

    Congratulations and get the passport renewed, you would need the current passport for travel anyways.





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  • sadhumis
    08-27 04:04 PM
    frostrated,anu_t,cleopatra,amit_sp all you guys manythanks. I really appreciate your replies.

    I will try to raise this point with my lawyer and employer.
    My roles and responsibilities have changed over the years and they are completely different now.

    Many thanks y'ALL





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  • mn2007
    08-27 04:01 PM
    I am a July 2nd filer with a priority date of July29,2004 (EB2-I). I did not receive biometric appointment so far. I had a infopass appointment today, and the immigration officer checked the system and generated the FP appointment and I went straight to ASC after Infopass and got my FP done. Officer also confirmed that my name check is cleared last month but had no idea why my file is not assigned to an Immigration officer. She said there are no apparent issues that she can see in the system with my application and she opened a SR for them to look in to my file.

    MN





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    la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"



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