Tuesday 21 June 2011

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  • fittan
    10-03 04:23 PM
    Hi,
    I've filed my I-140/I-485 concurrent in July 07. Let's assume the followings:

    - 180 days have passed since my RD
    - I then utilize AC21 to change to a similar job (say sometime in Feb 08)
    - My I-140 is still pending
    - I have no RFE for my I-140
    - The company sponsoring my I-140 will not revoke it
    - I have received EAD and AP

    My question is...What will happen if my company suddenly goes bankrupt and close down? Since GC is for a future job, will it affect my GC process? Thank you.

    Fittan





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  • amitjoey
    07-18 04:00 PM
    Thanks very much.

    My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.





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  • sivananda
    03-26 04:46 PM
    Hi

    My brother changed to F1 back in 2001 from H1B. In 2003, he got H1B but as new cap. The law says if you have break for one year then you will get another 6 years on H1B. They are couple of scenarios

    1. 2 years on H1B took break for one year then you will get 6 years and not counted to the CAP

    2. 3 years on H1B went back to ur home country then after one year you are eligible for another 6 years but not counted to CAP

    3. Now if ur 6 years is gone and I-485 is not applied, took one year break then you will be counted to CAP for sure
    4. 3 years on H1B and changed ur status for one year to another visa. Again after one year you are counted to CAP and you are eligible for 6 years again.

    Hope this will help.

    Regards,
    babuworld

    Thanks Babuworld..much appreciate your detailed reply..

    my scenario is of 4th point. 3 yrs of H1B and and changing status for one (or two) to another visa. After these one (or two) years, I will be countered towards CAP?

    Pls clarify..

    thanks





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  • mmanurker
    07-16 11:49 AM
    FYI....I had a hard LUD in Feb 2009 and my case was transferred to Vermont center from TSC. Does it mean I shud still follow TSC dates? Vermont does not show 485 dates.

    https://egov.uscis.gov/cris/processTimesDisplay.do

    I always thought that until visas are available and the priority dates are current, these LUD's mean nothing unless there is an rfe.



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  • chaukas
    05-18 05:15 PM
    How about Quota for CONTRIBUTING IV Members ;)

    How about a GC Quota for IV members ? :)





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  • desidude
    03-31 08:30 PM
    Congrats and enjoy the new privileges...



    Hello,
    Six years after initiating our green card process, I am happy to say that my wife and I have just received our green cards in hand. I have relied on ImmigrationVoice forums to get valuable information about policy changes, ask questions and I have also contributed several times (albeit modestly) to ImmigrationVoice. I remember the days when there used to be appeals made by the Core team asking members to contribute and I used to feel frustrated that I could do no more (at least financially). Granted I should have done more, but I have always felt as a community we all could have and should have contributed more to this grassroot effort. I hope to start/trigger a new fund raising event today by contributing again. Folks I have no reason to do contribute, but I feel I am reaping the rewards of some of the work done by IV. I hope to nudge some of you to re-evaluate your stance on contributing. Think about it, is it that hard to part with $50 or $100?

    For everybody who has contribute time, money and effort to ImmigrationVoice; Kudo�s and Thankyou. I have listed my previous payments to ImmigrationVoice (including today�s payment) to convince the nay sayers :). I can give you exact Paypal transaction id�s also (PM me if you need more evidence :))

    Mar. 31, 2008 Payment To Immigration Voice Completed Details -$100.00 USD
    Apr. 7, 2006 Payment To Immigration Voice Completed Details -$200.00 USD
    Mar. 17, 2006 Payment To Immigration Voice Completed Details -$100.00 USD
    Mar. 8, 2006 Payment To Immigration Voice Completed Details -$100.00 USD

    PS- Its not my intent to be condescending or to offend anybody by this post. So if you feel so, then I can�t help it.. Sorry.

    Thank you IV team and Good Luck to ya all..



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  • krishnam70
    05-06 03:54 PM
    Is it really going to be end up one of those endless e-debates? "not get pulled up by USCIS?" Are we talking about the same issue here? USCIS is free to grab and deport illegals. Heck, they love it so much that they even deport US Citizens!! USCIS is NOT free to interpret laws to suit their agenda. Their interpretation of any law has to be in line with the letter and spirit of the law.

    Let's try again. The point is not "where is the fairness in ......". The point is if USCIS free to come up with its own interpretation of laws of the land as they see fit; even when those interpretations go totally against the law(s) as passed by the Congress.

    The answer to that question is NO. More often than not, courts give a split decision with a minority of justices dissenting with the view of the majority. In this case, the fact that the decision was 9-0 against the USCIS should tell you how much out of line the idiots at USCIS were (and no I don't use that word idiot lightly. After watching their performance for almost 11 years, I stand by my conviction). How dumb do you have to be to waster visa numbers year after year? How can someone, in this time and age, not count and use all visa allocated in a quarter?

    In this case, the decision by the court favors the illegals. Some may even say that it even encourages illegal behavior. But looking at the broader picture, it reminds the idiots (or clowns) at USCIS that their procedures and processes MUST remain bound by the laws of the land. If we allow USCIS to ignore the laws for the illegals, what prevents them to ignore the laws when it comes to us "legals"?

    I see your argument but the congress is doing squat about the problem and meanwhile the problem keeps growing. In this particular case the guy worked for 6 yrs using a fake SSN of somebody else and then he did even better, Forged a SSN with his name on it and started using it and he was caught and put in the prison. Now forgery and impersonating are serious crimes. When a legal immigrant can get in to prison and may be deported for this kind of offense why not an illegal?

    I do however agree that USCIS might have gone out of the spirit of the "LAW' in cases but may be the DHS has a right to do this as it probably falls in their area

    In my 13 yrs in this country I have seen people who are following the law getting screwed so many times with laws like these

    Amnesty extension of 1997
    NACARA (97)
    HRIFA(98)
    Late Amnesty of 2000
    LIFE[i245] (2000)

    and yet some keep getting away through such judicial decisions. Its time this shit is fixed and somebody ought to take the step. Now probably congress will wake up as this has become a high profile issue in the Supreme court

    - cheers
    kris





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  • sintax321
    03-04 05:25 PM
    It was a choice between Mega and lounge i decided on Mega.



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  • calabor2001
    05-13 02:45 PM
    If you request, the consulate/embassy are legally bound to release your passport back to you. The Indian passport is the property of Govt. of India.

    Anyhow, I was returned mine right away at the time of Visa interview, but if the consulate has indeed taken and kept yours, please politely request and you should be getting it back.

    HTH
    Even though you have AP - the passport remains with US consulate until they reach a decision - could you explain how your friend made it possible to enter US without Passport ?





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  • eager_immi
    02-12 10:50 PM
    Yes all new H1s unless they are transfers count on H1B caps. Some people in this forum will argue that there is no such thing as transfer, it may not be the technical term but that is what it is.



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  • dummgelauft
    12-19 03:06 PM
    I am actually happy that "DREAM" (..or The NIGHTMARE..shall we say) has failed.
    Gutierrez is getting a taste of his own medicine.





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  • WeldonSprings
    10-30 12:07 PM
    My AP was received by USCIS on Oct. 21. No checks encashed yet. I believe there is a receipting delay of AP applications at NSC.



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  • narendraare
    09-28 10:57 AM
    I got this email from CRIS and online status also changed to reflect the same. But I haven't received any letter. Looks like few other people received the same. Wonder why USCIS keeps throwing these teasers.


    Receipt Number: WACXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On September 14, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.





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  • WeldonSprings
    07-09 10:23 AM
    I agree- See what Roy Beck President of Numbers USA, has to say. They will do anything ALSO to defeat CIR -

    8 SENATORS WHO SWITCHED TO THE GOOD SIDE TODAY

    E-Verify won today because these Senators -- who voted to kill the E-Verify mandate in March -- switched today and voted for using E-Verify to keep illegal aliens out of federal contractor jobs.

    Kent Conrad (D-N.D.)
    Bryan Dorgan (D-N.D.)
    Kay Hagan (D-N.C.)
    Mary Landrieu (D-La.)
    Joe Lieberman (I-Conn.)
    Blanche Lincoln (D-Ark.)
    Mark Pryor (D-Ark.)
    John Rockefeller (D-W.Va.)
    All of you who live in those states -- especially North Dakota and Arkansas -- take a bow. Thanks for all you have done to help these Senators see the error of their March vote.

    5 OTHER DEMOCRATS WHO VOTED TO HIRE AMERICANS

    We have to give special thanks to the Democrats who stood with us and unemployed Americans today, because they had to defy their Party leadership to do it.

    These Democrats voted for mandating E-Verify both today and back in March:

    Max Baucus (D-Mont.)
    Amy Klobuchar (D-Minn.)
    Claire McCaskill (D-Mo.)
    Ben Nelson (D-Neb.)
    John Tester (D-Mont.)

    If 10 of these 13 Senators continue to put American workers first in their voting, they spell absolute doom for plans to legalize 12-20 million illegal aliens with an amnesty.

    If you live in their states, do all you can to express your appreciation for what they did today -- and encourage them to stop all government policies that import foreign workers while 15 million Americans are officially unemployed.


    I am not usually not a nay sayer. But with CIR discussion around corner, it is an easy shot to say wait for your turn. So could have been this E-Verify, But our rightwing friends did a very hard sell (Look at their websites with banners to call etc.) and I think administration supported it in private because that is going to put pressure on House Democrats and conservatives from south. They will have to face angry hispanics next year if house fails CIR this time. With strict E-Verify and tough economy they are going to face bad time and will boot out all the Nay sayers for CIR in next election.

    I think we need to wait and watch.

    Besides If they try to attach our provisions in this omnibus, CHC very well know that they can kiss a good bye to CIR for good. So they will do their best to take ouir provisions for hostage. My 2 cents!!!..

    If they attach our provisions though, I will be very happy..



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  • chintu25
    01-08 12:30 PM
    I could not find any thread for this on the Forum division .

    Please comment and suggest opinions





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  • psam
    01-28 12:03 PM
    I know this would be unpopular on this forum. But if you think about it, temporary visa holders can just disappear relatively easily by packing their bags if they wish to do so. I know someone who has done this with their underwater house, though with his salary he could afford paying the mortgage.
    There is morality issue and very very few of us would consider doing something like that. But some of us have done this, and seems like a reasonable thing for banks to consider. In the end better lending standards keeps the banking system and the economy in better shape.



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  • mlk
    07-22 06:47 AM
    r.i.p; 5 years old thread





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  • ragz4u
    03-02 09:06 AM
    Here is the response i had received from cong. John Boehner, who is currently the house leader

    he does not seem too much in favor of H1Bs

    However i had sent him an email to support S1932 back then.
    he probably does not realize the difference between H1B and EB visas


    ************************************************** ***
    On 11/9/05, Congressman John Boehner < oh08ima.pub@mail.house.gov
    <mailto:oh08ima.pub@mail.house.gov> > wrote:

    November 9, 2005




    Dear XXXXX

    Thank you for contacting me to express your concerns
    about increasing work visas, known as H-1B visas, for skilled
    foreign workers. It is good to hear from you.

    Be assured I understand your concerns about the H-1B
    program. There has been a significant amount of misinformation
    about the program and the program's affect on American workers.
    I want you to know that I would oppose any measure that would
    adversely impact job opportunities for American workers.

    As you may know, H-1B visas allow highly-skilled
    foreign-born professionals to fill positions that American
    companies are unable to fill with American workers. These
    positions are typically engineers, medical professionals, high-tech
    workers, or educators. Until 1998, Congress authorized 65,000
    three year visas per year. Under Title IV of the FY 1999 Omnibus
    Consolidated and Emergency Supplemental Appropriations Act,
    the limit was raised by 142,500 over 3 years. On October 17, 2000
    President Clinton signed the American Competitiveness in the
    Twenty-First Century Act of 2000 further raising the number of
    visas by 297,500 over 3 years. The cap to reverted to 65,000 in
    2004. Congress added a 20,000 worker exemption to the fiscal
    year 2005 Omnibus Appropriations Act. Without a sufficient
    number of these specialized workers American companies may be
    forced to reduce production and limit job growth.

    Some have claimed that H-1B visas increase
    unemployment for American workers. I disagree with this
    assertion on two points. First of all, for each high-tech position
    that goes unfilled many other related positions can not be filled
    either. This costs even more Americans jobs. For instance, Texas
    Instruments -- a major U.S. technology firm -- says that for each
    foreign-born engineer hired three to five other U.S. citizen
    engineers are needed as well as numerous support and
    manufacturing people. Furthermore, national unemployment
    numbers simply do not support the assertion that Americans are
    forced out of jobs because of workers on H-1B visas. Even more
    convincing is the fact that the unemployment rate for jobs with a
    high number of foreign born workers is actually lower than the
    unemployment rate for jobs which are dominated by American
    workers such as the geosciences and the social sciences.

    Even more important is the fact that if given the
    opportunity American employers would certainly hire American
    workers rather than hiring from abroad. In most cases, it is more
    expensive for U.S. employers to hire foreign nationals compared to
    hiring an American. When considering hiring a foreign national,
    employers must take into account the cost of relocating the new
    employee from their home, fees associated with an H-1B visa, and
    the time costs of filing paperwork with the Immigration and
    Nationalization Service (INS). When considering all of these
    additional costs, U.S . employers will certainly hire a U.S. worker
    over a foreign national with comparable skills if given the
    opportunity.

    I do not claim that the H-1B program is perfect. Congress
    has heard anecdotal evidence that some employers have abused the
    system by hiring a large percentage of their workforce on H-1B
    visas. In an effort to combat these abuses, Congress has adopted
    legislation strengthening existing requirements on employers who
    hire a large number of H-1B workers to certify to the U.S.
    Department of Labor that the employer was unable to fill the
    position using an American worker and no American workers were
    displaced to fill the position. Please be assured that I will keep
    your thoughts in mind as this issue continues to be debated.

    Thank you again for contacting me regarding this important
    issue. Please continue to keep me informed of your concerns.

    Sincerely,


    John A. Boehner

    I am not sure what you are considering as bad news here

    1) That he does not seem to realize the email you sent is not regarding Hib but for EB visas?
    2) That he is in favor of H1B visa increase?

    If you believe that #1 is bad news, let me tell you that contrary to what a lot of folks feel, a majority of congressmen (not that many senators) do NOT know of our plight. They associate anything related to immigration as being related to illegal immigration and anything to do with EB visas as related to H1B visas

    It is here that we as a grassroots org with volunteers spread across the country can make a difference. You for one can now take the initiative to contact Rep. Bohener's staff and ask them for an appointment to educate them. It is not all that difficult. We have all the material you need available in the resource section of the website

    We are doing our bit to educate the folks directly in DC with the help of QGA. While our efforts currently are concentrated on a select few folks in DC, please take the initiative to meet your congressmen's staff to educate them.

    H1B visa increase on the other hand is an issue we are kinda neutral to. We do realize that any increase in H1B without a corresponding increase in EB visas will lead to a worse clog than it currently is, thats something that will come maybe 4/5 (maybe 10 years down if retrogression stays) years down the line. At the same time a few corporate partners who are in favor or EB visa increase would also like immediate relief for H1B and we do not want to alienate them.

    Hope this helps





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  • skothuru
    08-07 07:51 PM
    We filed our I-485 on July 6th at NSC & planning to file EAD/AP on our own using the proof of delivery. Anybody in the same boat?

    Can someone clarify the Service Center to which we have to file? (currently residing in texas). Plz!!!!!!!!:(





    amitjoey
    09-13 04:12 PM
    Specific Goals:

    1) Take an appointment with your local congressman/woman.
    Go to : ImmigrationVoice.org - Home (http://www.immigrationvoice.org) contact lawmakers- elected officials. Punch in your zip code.
    ImmigrationVoice.org - Advocacy -- Elected Officials (http://immigrationvoice.capwiz.com/immigrationvoice/dbq/officials/)

    2) Contact StarSun, PM and get hold of the powerpoint presentation and other material

    3) Do the presentation at the offices. (Takes 20 min). Follow up with questions.

    4) Build a rapport with the legislative aides. Make sure they understand the issues, ask them what the congresswoman/man's or senators stand is:
    a) Is S/HE willing to support a bill -yes/no
    If no- why? what provisions are contentious? why? report to IV Core.
    If Yes- Will they sponsor/cosponsor a bill on the floor?

    5) If yes, ready to cosponsor- please relay info to StarSun. Keep in touch, follow up next month with more detailed information, keep in touch via email/fax. Send supporting material, studies. Any favourable report or media piece can be sent. (This is Part of building a relationship and rapport with the staff).

    6) Be an IV fundraiser- support IV by being a recurring donor. $25 a month minimum.

    7) Look out for articles that support our cause, and encourage the writer/reporter to write in more detail. Send appreciation and thank you note/email.

    8) Form a group/state chapter or join one if one is in place, so you can plan out with other members, this way not everybody has to go everytime and share responsibilities.





    wins
    04-13 09:24 PM
    yes gk_1000, my Lawyer too told that it should be fine. But asking the consulte whether I can do that is where the problem lies.



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