Thursday, 9 June 2011

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  • GCBy3000
    11-29 11:37 AM
    Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.

    NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.

    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks





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  • Pandi
    03-28 02:21 PM
    Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.





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  • glus
    07-05 08:26 PM
    I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...

    a) Need to record each application that they have received
    b) Need to make sure that there are no concurrent I-140 filings
    c) Need to differentiate the packages received in June and July
    d) Etc
    e) Etc

    What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?

    What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....

    What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?

    Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?

    At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.





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  • nozerd
    02-01 12:40 PM
    Landing is when you formally enter Canada as a Permanant Resident.

    It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.

    Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.



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  • chalamurariusa
    04-28 02:52 PM
    Thanks . I will surely update when we hear from USCIS





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  • agt
    05-22 12:31 PM
    You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.

    USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
    Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.

    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?



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  • knnmbd
    03-29 10:51 AM
    There is obviously a missing link here. Sending random faxes to senators with personal requests will only compound the problem and testify to the fact that we are a bunch of scatter brains with no real goal.

    You guys need to understand why the Advance Degree + 3 years H1B is included as an exemption. If there is some confusion please read my previous posts and look at the direction where the immigration reform is headed wit the F4 visa being such a hot issue and why it was passes by the SJC. Guys we do not want another S.1932 to happen, so please stop sending mindless requests that will benefit a certain group of people. The idea of this immigration vote is not just to benefit the illegal immigrants or the EB3 retrogression but also to address what the U.S needs from future immigrants. You need to take a step back to realize that the biggest winner here needs to be the UNITED STATES and not us or the illegal immigrants, and that?s when this bill will become a law. Hopefully there are more people this forum apart from Ramba that understood the ramifications of this vote.





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  • transmit
    March 28th, 2005, 03:36 AM
    Yes, the SB800 is the best option for a flash with the D70 (http://www.noendpress.com/pvachier/cameras/nikon_D70.php). As for lenses, depends on what you need. I think the 50mm 1.8 is a great lens for only $100. Works very well for wider portraits and any kind of low light photography. If you have the money to spend, the 12-24 is also a very useful lens.

    What's Next:: Options [Archive] - Immigration Voice

    View Full Version : What's Next:: Options




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  • andhrawala
    09-22 10:01 AM
    I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.

    Labor Priority Date: EB2 - 2007 April - India
    I-140 Applied: 05/15/2007
    I-140 Approved: 08/10/2009
    I-485 Applied: 07/26/2007
    I-485 Status: Pending





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  • statuslaw
    01-31 01:33 PM
    DOS tel number: 202-663-1225 then 1 0 0, and tell your passport number. That is all.

    It is easier to get connected to DOS visa specialist at morning time (US eastern time).


    [QUOTE=lost_in_gc_land;218762]Hi statuslaw,
    Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you

    QUOTE]



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  • thomachan72
    03-28 01:51 PM
    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.





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  • belmontboy
    04-25 07:11 PM
    check the website: http://murthy.com/news/n_noh1bp.html

    F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
    ?MurthyDotCom
    Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.

    In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.

    I am no lawyer, you should check with a good immigration attorney about this.



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  • zuhail
    05-28 10:33 AM
    All Employment-Based I-485 Inventory pending at the Service Centers as of March 08,2010.

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf

    From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)

    1. USCIS Update on Pending Employment-Based I-485s
    ?MurthyDotCom
    The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
    ?MurthyDotCom

    Background on USCIS Charts on EB I-485s
    ?MurthyDotCom
    The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
    ?MurthyDotCom

    Current USCIS I-485 Charts and Usage of Immigrant Visas
    ?MurthyDotCom
    The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
    ?MurthyDotCom

    Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
    ?MurthyDotCom

    The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
    ?MurthyDotCom

    EB2 Analysis and Backlogs for India and China
    ?MurthyDotCom
    In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
    ?MurthyDotCom

    This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
    ?MurthyDotCom

    When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
    ?MurthyDotCom

    Thousands of LC Filings in March 2005

    The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
    ?MurthyDotCom

    EB3 Analysis and Maximum Pending EB3s for Indians
    ?MurthyDotCom
    The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
    ?MurthyDotCom

    There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
    ?MurthyDotCom

    Conclusion
    ?MurthyDotCom
    These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
    ?MurthyDotCom

    Copyright ? 2010, MURTHY LAW FIRM. All Rights Reserved





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  • xlr8r
    09-28 10:48 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.


    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???



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  • GCVivek
    04-08 05:56 PM
    US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:





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  • krishna_brc
    02-15 11:26 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    You can take any job as long as the duties of the new job falls under the
    Job Code 15-1021.00. which is your original approved labor job code.

    Any thing other than that is a straight NO.

    ALSO PLEASE UPDATE YOUR PROFILE



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  • waitin_toolong
    11-08 02:04 PM
    show your H1 documents as well as EAD at SSN office.
    it does not matter how you get SSN.

    even if you get SSn based on H1 only you will be fine.





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  • sachinjohri
    04-03 03:11 PM
    No problem , you will get the Canadian Visa , while coming back to US , you have to show your AP





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  • go_guy123
    07-14 12:45 PM
    I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?

    No issues. You can have EB, Family based and Diversity lottery GC (if applicable) simultaneously.





    munnu77
    09-29 03:59 PM
    HI,

    My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

    I just want to prepare for the worst case. Can any one please help with some information.

    What are my options to get a H1B extension.

    Thank you,

    dont worry..it took my frnd almost 4 months





    sbmallik
    05-28 10:18 AM
    You can also locate the priority date in the I-140 approval notice.