Monday, June 27, 2011

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  • wandmaker
    02-11 08:01 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?

    IV and its members support only legal immigration. You violated the law by overstaying your visa, dont seek help/advise here, consult with your attorney.




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  • coolguy76
    01-03 04:50 PM
    Can someone please clarify
    i know there is always risk involved ....

    If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????




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  • amsgc
    06-20 08:18 PM
    Your status is valid only till the date on your most recent I-94. AFAIK, you have three options:
    1) Re-enter the country before your current I-94 expires. OR
    2) Go the Customs and Border Protection (CBP) office at the nearest international airport and have it corrected. They will update the duration of status in the system.
    3) File for an extension with the USCIS

    The advice given below is incorrect.


    There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!

    But still, unless you are going on vacation, do not waste your money.




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  • return_to_india
    12-19 02:36 AM
    California unemployment quite high.
    I have my backup as India ( i will sell one of my land properties there and survive ,
    also no worry about medical costs - leading cause of bankrupt americans ), but what
    about the citizen here, where do they go to survive ?!



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  • solraj
    03-26 01:14 PM
    There is no such guarantee of moving forward all the time.It all depends on how many visa #'s are currently available and how many have been utilised.If USCIS starts using #'s allocating to each app currently "CURRENT" it leads to no available no's and it will retrogress.So it all depends how many GC's are currently pending before Dec 2003 utilizing the #'s and how many of these are allocated no's.So we never know.I am not trying to be pessimistic but reasoning it.




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  • HV000
    03-04 05:24 PM
    But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.


    This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!



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  • Sp�rL
    04-23 09:25 AM
    ok i just read most of that and this caught my eye,
    "Older versions used DirectX 5, but SDL 1.2 (the current stable release) requires DirectX 7 by default"
    what does this mean? does that mean my computer needs to be down-graded to DirectX 7?
    Or of what i was thinking, that SDL can only "wrap" its self around DirectX 7, and if you wanted to use a higher DirectX you dont have SDL to help?




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  • joshraj
    10-09 10:17 PM
    At least got something today :)

    Filed: July 27
    Center: Neb
    RD: Not Yet - Got Tranfer Notice - To Texas
    FP: Not Yet
    EAD: Not Yet

    I140 - Pending at Nebraska



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  • maddipati1
    08-31 10:54 AM
    Even after they stopped issuing Interim EADs at Filed Offices, one can always 'request' for interim EAD at field office by taking an appointment thry InfoPass. FO then would talk to service centers about the case.
    This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
    Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.




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  • GotFreedom?
    07-20 01:50 PM
    If your I-485 is already approved, you already have a GC (your status is permanent resident) regardless if you have the physical card in possession or not. You do not need EAD to work in the US. You are allowed to work wherever you may choose without worrying about work authorization. Your GC is your work authorization as well.

    Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.



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  • TwinkleM
    12-11 11:42 PM
    Answers in Red Ink Below....

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?

    Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.

    Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....




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  • Ramkumar
    04-20 04:34 PM
    Just I want to share I got my H1B approval another 2 years. As per my current company B's policy they only apply two years extention.

    Thanks a lot
    Ramkumar



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  • GCneeded
    05-26 11:20 AM
    Thank you core Team for all your efforts
    Thank you QGA for the great work and helping us out in a big way.
    Thank for all the senators for making this happen.
    Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.

    We are ready for the next battle with the core team and QGA in the lead.




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  • cbd80
    08-27 02:26 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,



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  • indyanguy
    11-14 10:38 AM
    1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?

    2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?

    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.




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  • hydboy77
    06-22 07:19 PM
    good one. Here is the schedule for USCIS
    2009 Pre-Adjudicate 485
    2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
    2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
    2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
    2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
    2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485

    and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.

    Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.




    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D



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  • logiclife
    03-28 03:39 PM
    Yes Bheemi.

    I dont want this to be an an implied guarantee, but that is the plan for now. Things can change depending on whose bill is debated on Senate floor - SJC or Frist's S. 2454.

    Jay.




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  • otovarm@hotmail.com
    03-03 12:29 PM
    Hi everyone, I am seeking some help:

    -My wife's Labor Certification was approved on Oct-09-2006
    -Priority Date: April-30-2001

    We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.

    1st Question:

    Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?

    If answer is YES, can we go premium processing?


    IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.

    When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).

    Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?

    In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.

    Thanks for taking the time to read this and any insights would be greatly appreciated.




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  • mckottayam
    05-02 08:03 PM
    mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?

    I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.




    reachinus
    08-25 09:38 AM
    Hi There,

    If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.

    Hi,

    My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

    I recently got my 140 receipt notice with receipt date as 24-Jul-08.

    I am wondering is my 140 is filed with in the valid time.
    Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

    pl give me the response.
    Thanks for looking this.




    chanduv23
    02-17 11:09 AM
    Back in 2007, we did a lot of PR work, we pleaded, begged, motivated, requested ... we kept on doing it consistently.

    There is a lot of work that needs to be done. The active folks must motivate the passive folks.



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