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gc_dream07

01-31 09:39 PM

Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.

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lazycis

11-29 02:35 PM

Just when I gave up and stopped checking on-line status every day, I've got I-485 approvals in the mail :) Did not get any e-mails yet about all three cases I was tracking, even though I've got the plastic already.

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tinku01

07-22 05:47 PM

Hi, I need to get Police Clearace Certificate (PCC) from India at local police station. Anybody has any format of PCC I mean what they need to write in it.

It's quite urgent ..please update ASAP

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gcman2005

10-08 11:04 AM

Hello,

I have following situation and need some help on making my travel decision:

1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

5. My pay stubs are still issued with name of Campany A.

6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?


7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

9. What are the risks in this travel ?

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sprash

02-04 04:52 PM

I was in a similar situation and included 2 prepaid overnight envelopes (which btw, they have mentioned in their instructions). They probably tossed them in the bin and chose to send them by untrackable usps mail which took over a week to arrive. Very very aggravating! :mad:

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dxldad

05-12 01:10 PM

I think the tests are all written there in the form available online. You could download it and get whatever you could from your PCP before you go to the civil surgeon. This would make your life easier.

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paskal

08-23 11:51 PM

I believe that several people have won WOM cases....

I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.

Might be worth getting a second opinion with an attorney that's filed and won WOM cases....

welcome to IV!

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US Time Zones

svn

05-13 07:28 AM

Thanks desi and rb_248. I actually remembered that my H1 had been extended (even though I never got it stamped in the passport) - so I went with H visa status on the application form

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CADude

12-17 07:22 PM

It's true.. CA n NY were worst... Anyway PERM removed this state to state business of Labor for new applicants. But ideally any process should not have luck part including USCIS?

So waits continue till I am LUCKY.....


Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.

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kumaabh

01-09 12:16 AM

dude post problems in threads in correct english.

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uma001

11-04 04:35 PM

From 1998 - till date, How many times EB3 priority dates were made current

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bang

02-10 04:50 PM

Hi All:

Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

Please consult with a good Lawyer and confirm the same

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wandmaker

08-17 12:31 AM

You will have to include Medical (if you dont have time send it after you receive the RFE). Take sometime to search for HOW TO SKIP MAIL ROOM, many people have done that during July 2007 fiasco.

We got a rejection notice for my wife's 485 & 765 application. The notice said

============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============

My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package

1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs

Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.

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Maverick_2008

02-14 03:59 PM

A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)

Gurus, please correct me, if I'm wrong.

Thanks.

Maverick




Guys,

this doubt is bugging me due to recession fears.

if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation

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l8A

10-05 11:09 AM

I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.

http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us

Thanks a lot. I'll definitely see my lawyer today, but section 245(k) as you pointed out does look promising.

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samrat_bhargava_vihari

02-12 09:43 AM

http://immigrationportal.com/showthread.php?p=1607056#post1607056

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mammoy2k

09-21 07:11 PM

Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown


Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.

I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.

In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.


You both are right!

Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).

However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.

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beppenyc

03-20 08:15 PM

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

Q Okay. My question is, since 9/11, one of the key things that we need
is immigration reform, including comprehensive immigration reform that is
right now in front of Senator Specter's committee in the Judiciary. There are
two principles I'm hoping that you would support: One, the good people, the
engineers, the PhDs, the doctors, the nurses, the people in the system who
have followed the rules, will go to the head of the line in any form of
immigration reform. That's Title IVz of the bill.
Secondly, the illegals who have not followed the rules -- I understand the
debate, I appreciate your statements about immigration reform, but isn't it
better that we know who they are, have them finger-printed and photographed,
and allow some form of 245I to come back so --

THE PRESIDENT: Tell people what that is. Tell people what 245I is.

Q Okay -- 245I is a partial amnesty program that expired back in 2001,
in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
a small segment of the illegal population where they would pay the $1,000 fine
and, for example, coming in illegally, then marrying an American citizen,
could somehow legalize their status.

THE PRESIDENT: Okay. Let me give you some broad principles on
immigration reform as I see them. First of all, we do need to know who's
coming into our country and whether they're coming in illegally, or not
legally -- legally or not legally -- and whether they're coming in or going
out. And part of reforms after September the 11th was a better system of
finding out who's coming here.
Secondly, we have a big border between Texas and Mexico that's really hard
to enforce. We got to do everything we can to enforce the border,
particularly in the south. I mean, it's the place where people are pouring
across in order to find work. We have a situation in our own neighborhood
where there are way -- disparities are huge, and there are jobs in America
that people won't do. That's just a fact. I met an onion grower today at the
airport when I arrived, and he said, you got to help me find people that will
grow onions -- pluck them, or whatever you do with them, you know.
(Laughter.) There are jobs that just simply aren't getting done because
Americans won't do them. And yet, if you're making 50 cents an hour in
Mexico, and you can make a lot more in America, and you got mouths to feed,
you're going to come and try to find the work. It's a big border, of which --
across which people are coming to provide a living for their families.
Step one of any immigration policy is to enforce our border in practical
ways. We are spending additional resources to be able to use different
detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
way, expand the number of agents on the border, to make sure we're getting
them the tools necessary to stop people from coming across in the first place.
Secondly, part of the issue we've had in the past is we've had -- for lack
of a better word -- catch and release; the Border Patrol would find people
sneaking in; they would then hold them for a period of time; they'd say, come
back and check in with us 45 days later, and then they wouldn't check in 45
days later. And they would disappear in society to do the work that some
Americans will not do.
And so we're changing catch and release. We're particularly focusing on
those from Central America who are coming across Mexico's southern border,
ending up in our own -- it's a long answer, but it's an important question:
How do we protect our borders, and at the same time, be a humane society?
Anyway, step one, focus on enforcing border; when we find people, send
them home, so that the work of our Border Patrol is productive work.
Secondly, it seems like to me that part of having a border security
program is to say to people who are hiring people here illegally, we're going
to hold you to account. The problem is our employers don't know whether
they're hiring people illegally because there's a whole forgery industry
around people being smuggled into the United States. There's a smuggling
industry and a forgery industry. And it's hard to ask our employers, the
onion guy out there, whether or not he's got -- whether or not the documents
that he's being shown that look real are real.
And so here's a better proposal than what we're doing today, which is to
say, if you're going to come to do a job an American won't do, you ought to be
given a foolproof card that says you can come for a limited period of time and
do work in a job an American won't do. That's border security because it
means that people will be willing to come in legally with a card to do work on
a limited basis, and then go home. And so the agents won't be chasing people
being smuggled in 18-wheelers or across the Arizona desert. They'll be able
to focus on drugs and terrorists and guns.
The fundamental question that he is referring to is, what do we do about -
- there's two questions -- one, should we have amnesty? And the answer, in my
judgment, is, no, we shouldn't have amnesty. In my judgment, granting
amnesty, automatic citizenship -- that's what amnesty means -- would cause
another 11 million people, or however many are here, to come in the hopes of
becoming a United States citizen. We shouldn't have amnesty. We ought to
have a program that says, you get in line like everybody else gets in line;
and that if the Congress feels like there needs to be higher quotas on certain
nationalities, raise the quotas. But don't let people get in front of the
line for somebody who has been playing by the rules. (Applause.)
And so, anyway, that's my ideas on good immigration policy. Obviously,
there's going to be some questions we have to answer: What about the person
who's been here since 1987 -- '86 was the last attempt at coming up with
immigration reform -- been here for a long period of time. They've raised a
family here. And my only advice for the Congress and for people in the debate
is understand what made America. We're a land of immigrants. This guy is
from Hungary, you know. (Applause.) And we got to treat people fairly.
We've got to have a system of law that is respectful for people.
I mean, the idea of having a program that causes people to get stuck in
the back of 18-wheelers, to risk their lives to sneak into America to do work
that some people won't do is just not American, in my judgment. And so I
would hope the debate would be civil and uphold the honor of this country.
And remember, we've been through these periods before, where the immigration
debate can get harsh. And it should not be harsh. And I hope -- my call for
people is to be rational about the debate and thoughtful about what words can
mean during this debate.
Final question, sir. You're paying me a lot of money and I got to go back
to work. (Laughter.)



PS I did not know about the story of I-245 on 9/11....

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setpit_gc

04-22 02:18 AM

Hi

I am on H1 and have approved EAD.

Do I need to send H1 copy or EAD copy along with other documents for AP renewal?

Thanks for your help!.

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kshitijnt

06-03 06:27 PM

zaara dhek kar reply kar na yaar..
the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...

Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.

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vagish

04-20 11:08 AM

Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

Thanks for help

expect the CIR , all other are waste bills, they will never be voted, only hope is CIR.

thanks

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