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  • StuckInTheMuck
    07-28 11:56 AM
    Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
    This spurt of LUD-related threads is a symptom of the COLTS outbreak that has been reported recently. This epidemic seems to break out every time VB jumps ahead a few notches :)





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  • xyzqwer
    01-23 07:12 AM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck

    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?





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  • immiguy
    07-18 01:25 PM
    Hi,
    Hello all,
    Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.

    My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.

    At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?

    Gurus, please help





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  • brb2
    04-15 10:13 PM
    The objective here is two prong. The bill allows for US STEM MS/PhDs to work 3 years on a special F1 visa (3 year OPT against current 1 year). They can then "Self-Petition" to adjust status to permanent residence. Now the non US STEM 3 year requirement is to ensure they don't get special preference over US qualified applicants. Additionally, the 3 year working in the US rule most importantly prevents anyone say in India applying for permanent residence based on 3 years work experience say in Bangalore. Thus, this would allow a person 3 years on H1B in STEM to adjust status. However this itself will have a cap for non US STEM due to limited H1B visas. Additionally there is a move to limit the foreign STEM graduates to be working in the field not just qualification as opposed to US graduates. So a STEM from say India would need to be working in the field for 3 years on H1B (or other non-immigrant visa) to be eligible to apply.



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  • andy garcia
    10-19 10:03 AM
    I don't have an A#? Where can i find that.
    If you got EAD and AP. You must have filed a 485 also.
    Check there





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  • superdude
    08-02 07:22 PM
    Depends on the interivew time.We can collect the passports on the same day provided VFS gets them from the consulate. Any person can collect the passports provided they present their id and authorization letter from the applicants.
    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?

    thanks



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  • stones
    07-08 05:33 PM
    Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.


    In my Internationa office ther gave me this email

    # On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
    # 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
    # On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
    # On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.

    Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
    make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
    you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
    we recommend that you speak with an immigration attorney immediately to review your options.

    I have attached a list of recommended immigration attorneys.

    If one of the recommended immigration attorneys provides information in regard to your situation that would be
    helpful in our response to the second RFE. Please forward all information by July 20th.

    Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
    H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
    where you will obtain your visa at so we can provide USCIS with this information.





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  • vedicman
    01-05 08:20 AM
    New Jersey Sen. Robert Menendez plans to reach out to a South Carolina Republican to craft a bipartisan immigration reform bill in the next Congress.

    But it's not clear that Sen. Lindsey Graham will want to work with the top-ranking Hispanic Democrat on Capitol Hill.

    Graham spokesman Kevin Bishop said last week his boss wants Congress to pass a 10-point plan to boost border security before attempting to overhaul the immigration system.
    Menendez introduced an immigration reform bill just before the Nov. 2 elections that he said takes a middle-of-the-road approach, incorporating ideas that Republicans such as Graham, Sen. Jon Kyl of Arizona and Sen. Orrin Hatch of Utah have presented in the past.

    Menendez said in December that Graham has expressed interest in writing a bipartisan bill.

    "If he is, then what I hope to do is to draft something together that will have some level of bipartisan support," Menendez said. "If that doesn't happen in a reasonable time period, then I'd like to introduce the bill again (in the next Congress) as a foundation to get something moving. If there's nothing to have hearings about, nothing to debate over, you will never move forward."

    But Bishop said Menendez and Graham haven't discussed working on an immigration bill.

    The Menendez proposal, co-sponsored by Sen. Patrick Leahy, D-Vt., would eventually legalize illegal immigrants, improve border security, crack down on employers who hire illegal immigrants and make it easier for legal residents to bring family members to the U.S.

    Graham has a history of working across party lines and often has been the only Republican willing to buck his party to strike political compromises. But that approach may be politically risky now that the GOP has turned more conservative under the influence of the Tea Party movement.

    In 2007, Graham joined Republican Sen. John McCain of Arizona in pushing hard for an immigration reform bill that Menendez helped write. But the measure died in the Senate, with Menendez ultimately voting against it because some of his proposals had been stripped out. The measure never reached the House.

    In 2010, Graham collaborated with another liberal Democratic senator, Chuck Schumer of New York, on an immigration reform plan that called for legalizing about 11 million illegal immigrants and improving border security. The two discussed the proposal with President Barack Obama at the White House.

    But Graham quickly ended that partnership, accusing Democrats of politicizing the issue and citing his opposition to the Democratic health care reform bill.

    Aggressive GOP opposition to Democratic immigration plans was evident during the lame-duck session when Republican senators -- along with some Democrats -- teamed up to kill the DREAM Act, which offered the children of illegal immigrants a path to citizenship if they completed two years of university or military service.

    "Illegal immigration is a nightmare for America," Graham said in a December statement after the DREAM Act died. "Giving a pathway to citizenship without first securing the border is an inducement to encourage more illegal immigration. This is nothing more than a political game by the Democrats to try and drive a wedge between the Hispanic community and Republicans."

    The DREAM Act's failure lessens chances that a broader immigration bill will pass a deeply partisan Congress, Menendez acknowledged.

    "These are . . . children who came to this country through no decision of their own," he said. "They were brought here by their parents. Overwhelmingly, they only know America as their country. . . . If you can't get (the DREAM Act) agreed to, then I think the rest of it will be a lot more hard sledding."

    In April, Arizona enacted the nation's toughest immigration enforcement law, which allows police to detain and question people about their immigration status. The administration is challenging the law in court. Several other states are likely to pass similar legislation.

    In response, Congress approved legislation -- which became law in August -- providing $600 million in emergency funding for 1,000 new Border Patrol agents, 250 new Immigration and Customs Enforcement agents and unmanned Predator drones to patrol the border.
    NJ Sen. Robert Menendez seeks support for immigration reform bill | APP.com | Asbury Park Press (http://www.app.com/article/20110103/NEWS03/110103074/Sen-Menendez-seeks-support-for-immigration-reform-legislation)



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  • needhelp!
    03-12 10:42 AM
    Sandeep is a batch mate.. Yeaaa Sandeep !!





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  • sravankind
    01-11 03:35 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side



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  • ragz4u
    04-10 05:04 PM
    Thanks





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  • kinaz
    01-31 09:32 AM
    Hi! I was on H4 for 3.5 years before getting a H1 when I joined a Residency program as a Pediatrician. Since for residency we sign 1 year contracts at the beginning of each year, my H1's are being done similarly as well. So they apply for 1 year H1's every year. I am in my 2nd and will be getting the 3 rd one in a few months.
    My question...does my 3.5 year on H4 get counted towards the H1's 6 year limit.
    Thanks in advance. Regards,RS



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  • DSJ
    07-06 01:01 PM
    Do you guys forget they recaptured used around 100,000 in FY2005.

    The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.

    If they recapture from 1994 to 2006, then we will get 216,000 EB visas.





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  • tampacoolie
    10-26 09:58 PM
    I have received my AP, EAD. But no sign of FP. Is this common?



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  • james_bond_007
    04-06 07:37 PM
    I went to the infopass to inquire about the "additional review" letter I got from TSC. Officer did some search and told me the following " this case is in transit to an officer TODAY, just 30 minutes before. you dont have to worry about this notice". He also said that call us back in 45 days .. I did fax all the details to the Senator but am not sure whether this resulted from the inquiry.





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  • vmetla
    07-30 07:48 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.



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  • Dhundhun
    04-05 02:44 AM
    How 120 days calculated inclusive or exclusive?

    As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.

    If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.

    Thanks





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  • chi_shark
    05-07 11:14 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?





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  • go_guy123
    12-06 09:15 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

    Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.


    Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.





    irukandji
    04-03 09:52 AM
    KPR,
    From my understanding you got your H1B approved(for 3 yrs) beyond 6 yrs even though 140 is once approved and later revoked. But I heard from my lawyers that once 140 is revoked/withdrawn its not possible for H1b extension beyond 6 yrs. Could you please let me know what details you attested for the RFE to convince USCIS? I am also in a kind of similar boat.

    Thanks,
    Vijay





    meimmi
    03-09 04:20 PM
    Hi, Is there anybody in this forum who has filed G-28 for self? Can somebody please advise what to fill? I am going thru the G-28 form right now, it has the following option:
    1. I am an attorney...
    2. I am acredited representative of religious, charitable trust....
    3. I am associated with -------- the attorney of record previously filed a notice of appearance...(in this case, please check 1 or 2 as appropriate)
    4. Others (Explain fully).
    I guess if we have to file for self, we need to check others.
    Can someone please advise what to write in the explanation? Also, does USCIS acknowledge the change of record or at least the receipt of G-28? Can this be filed even before sending AC21 letter? Is there anyway the existing lawyer/company will know about this? Thanks in advance for the reply.



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