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Tuesday, June 14, 2011

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  • gcadream
    03-12 12:57 PM
    In addition to the above questions:

    USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.


    This really sucks !!
    Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
    :mad::mad::mad::mad::mad:





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  • go_guy123
    03-12 03:33 PM
    Surely we know each other then!! :)

    Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.





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  • edgarrecto
    01-14 07:37 PM
    how about eb3 for philippines?





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  • arnet
    09-08 05:27 PM
    i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.

    if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.

    How about birth certificate stating initial and First name (not first name and last name). Any sugestions?



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  • chakdepatte
    03-27 09:09 AM
    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks





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  • mariner5555
    04-04 01:57 PM
    I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
    Rgrant, coolguy ..Thank you v.much !!



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  • whitecollarslave
    08-12 02:27 PM
    My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.

    How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?





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  • cbpds
    08-05 02:23 PM
    Guys as gk_2000 said it does not apply to us
    Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)



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  • bestia
    07-17 03:22 AM
    So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?

    It COULD be denied or could be approved. The law is vague and consular officers have full right to approve or deny anything, they are not USCIS employees, and even US president can't order them.

    I have played DV lottery for many years (never won as you can guess). Embassy instructed that it is immigrant intent and we should have marked "yes". So, I marked "yes" - and got my B1 without any problem.





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  • ameerka_dream
    11-11 12:26 PM
    Report: Lou Dobbs employed illegal immigrants

    Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.

    But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.

    The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."

    The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)

    Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.

    Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)

    Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.

    Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.

    Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements

    Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)



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  • smartboy75
    10-17 03:22 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com





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  • new2gc
    02-16 01:56 PM
    These time- pass threads are better than EB2 Vs EB3 threads.

    If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...



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  • praveenuppaluri
    02-22 01:56 PM
    voicerj and gnutin

    thanks for the options.. just surprized that we must go through these procedures (like Quillpad, installing native font etc) to fill a form that is designed for people outside of USA, most with a non-english native language.

    whats wrong with an option of 'blank' field and use the good ol' pen :p

    thanks for your inputs. really appreciate it.





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  • LONGGCQUE
    12-21 10:58 AM
    goel_ar, Please join in the 485 filing initiative core group. Send a PM to snathan or nmdial. We have a couple of action items and can add this one too, a bigger pool of like minded people can collaborate together for common cause. Up to you to decide.



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  • pooja_34
    10-17 07:32 PM
    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.


    Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?





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  • perm2gc
    08-24 05:21 PM
    A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

    What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

    Incidentally, How many applications are there in the backlog processing center by priority year ? Check USCIS about the labour substitution and if they find that you are no fit then they may deport you... 500,000 people are in line and your post says you might be new one who wants to get in the middle of the line..CareFul Watch Out



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  • lifestrikes
    03-28 03:22 PM
    Hi all ,

    Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
    We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
    So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
    What would be the travel tips ?
    Our plan is-
    1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
    Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?

    Traveeling is also difficult

    2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
    what ever is easiest for us ?
    For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .

    For deluxe, never travelled so need tips.
    Or better to take train ,go to railway station.

    I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.

    Please throw in your valuable suggestions to make our trip easy and better usage of time.

    My 2 cents..

    My brother reached Chennai early morning 2 AM and had visa interview at 9 AM. He took the risk and flight arrived on time. This was Mid-Feb 2011.

    I had his visa interview details, so just in case there is flight delay, I was going to inform VFS about travel delay and cancel his appointment. "No show" will get you like 90 days ban.

    I would do the the following - book a hotel room near consulate, leave the bags in hotel, complete the interview, then rent a taxi and to final destination. this option will be convenient compared to bus and train.





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  • snathan
    05-04 01:50 PM
    When you start your own company arent you the employer or part of the ownership? Sorry if I am missing something here

    Its legally allowed the employer and employe can be the same person...but will be treated as two different entity...I dont have any other info..need to research.





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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?





    Gravitation
    12-30 07:27 AM
    I wanted to get some idea on why EB2 got stuck around Jan 03 when it flew past Apr 01 deadline.


    EB2 was completely unaffected by 245(i) and had no reason to be stuck on Apr 01.
    EB2 being stuck around Jan 03 etc... could actually be a good news for EB3. Why? It means that the number of people who abandoned their EB3 PDs to escape retrogression and filed for EB2 is very large!
    The key thing to watch for India EB3 people is that PD should remain beyond May 1st, 2001. If it doesn' revert back to April, we can assume steady progress.
    All in all, I don't see any reason why Jan 2003 will have any -ve affect on EB3... it could be +ve though.





    krucie
    03-16 01:20 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.



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