Thursday, June 23, 2011

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  • jsb
    10-29 02:49 PM
    The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).

    If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.

    That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.




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  • bbct
    03-14 05:15 PM
    Which service center did you file your I-485 and how come your I-485 was denied by a local USCIS officer? Are you were called for an interview?

    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...




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  • go_guy123
    01-03 06:20 PM
    ......
    The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.

    The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.

    Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.

    Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.

    Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.

    Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.

    What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.

    The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.

    Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)

    See the politics in this article..written out of an MA media/mouthpiece...liberal leaning state and nature.

    First they wanted comprehensive and wanted to hold the EB /skilled people hostage to their cause. They tried and failed again and again and again....and realized that mas amnesty is politically impossible and now with GOP in power in house it is even more impossible.

    They tried Dream act stand alone...and failed even when Democratic party was in its high tide. and failed there as well. But short of few vote in senate. But house is a deep challenge. But they know conservative think tanks are in favor of skil bill and so they are now talking of attaching the dream act to the skill bill which has better chance of passing.
    They have climbed down from their grand stand. But now they are trying to hold the SKIL Bill hostage to the Dream act....that is how Dream act s trying to make a comeback by attaching themselves to SKIL bill.

    My feeling is that Dream act is still too politically toxic and even if "sugar coated" with SKIL
    bill. It is way too bitter and politically radioactive for SKIL-Dream combined act to pass.

    Democratic party still holds the Senate and Reid et al will be the ones trying to attach the Dream act to any SKIL bill....and that is where the problem lies.

    Perhaps we will need to hope that "donkeys" get wiped out in Senate in 2012 for skilled immigrants to see the promised land.




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  • reverendflash
    10-17 11:50 AM
    Kitiara:

    When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

    That will create a much smaller file size...it's one of the things the prog was designed for... :P

    If you need help, ask...

    Rev:elderly:



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  • patiently_waiting
    06-17 06:09 PM
    Hi,

    My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
    notice. I have not filed 485. This is my 10th year in H1b visa.

    My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
    India for 1 year, My employer may or may not apply for my H1B renewal.

    If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
    possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
    the future ?

    Any one, Please kindly give your suggestions.

    Thanks




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  • lostinbeta
    11-17 11:47 PM
    HAHAHAHA......lol. That is friggin weird :P



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  • $eeGrEeN
    08-02 01:28 PM
    >>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<

    The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.

    CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.

    If cashed they give you the person's ID who cashed it.

    So, wait for a while before you invoke the process.




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  • gopikrishnayr
    09-07 10:34 AM
    I just spoke to my attorney and according to him there might be other repurcussions if I block the check. It seems he has heard cases where Federal govt can do proceedings against you for blocking a check and you might end up paying more. Did anyone block their checks sucessfuly and not get into any issues.



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  • JeffDG
    01-23 07:38 AM
    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?

    Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.

    You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.




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  • Bolt
    04-08 10:55 PM
    Hi Anand /Snathan,

    Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....



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  • NYImmigrant
    12-06 01:00 PM
    Receipt numbers are worthless in my case. My application is pending in the local service center and i see the status message from Aug 2004. After that I was scheduled an interview, I did FP, I attended an interview, got stuck in the stupid name check, took 2-3 INFOPASS appointments.

    So what's up with the case status online ?




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  • wandmaker
    02-10 03:12 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Do not worry about your H1 extension, it will be denied automatically. Your plastic card should arrive by this weekend, have fun!



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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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  • jthomas
    03-27 01:01 PM
    Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc

    My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.

    I went through some of the process but it does not suit me so i backed off.

    Please update your information.



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  • a1b2c3
    10-02 11:24 AM
    Dec Bulletin will see EB categories being opened up. Don't think there will be any change in Nov Visa bulletin.




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  • Googler
    02-08 02:47 PM
    bump

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.

    I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...

    The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.



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  • hope2007
    04-15 11:37 AM
    SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
    Now I have more than 5 years of US experience, will I fall into this category when I file I-485.




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  • ssksubash
    11-13 03:37 PM
    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.




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  • gnrajagopal
    08-19 12:35 AM
    what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?

    you got an approval notice, you are through. enjoy man. :cool:

    That was hilarious.....:D:D:D




    byeusa
    07-11 01:02 AM
    As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign. Fraudstrers...!

    http://in.news.yahoo.com/070710/48/6hwnn.html




    ApVish
    09-16 03:25 PM
    I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!

    http://judiciary.senate.gov/hearings/hearing.cfm?id=4057

    I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach



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