Saturday, June 18, 2011

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  • BharatPremi
    09-22 09:40 PM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi




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  • krajani2007
    12-14 12:11 AM
    Cross country chargeability worked for me but you have to be persistent in sending the docs couple of times ; call them or take an appointment with IO as last resort. I got it in 3 months after using this option. I had an RFE for using AC21 but finally got it approved




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  • logiclife
    12-01 04:44 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.




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  • ata1234
    07-13 09:07 PM
    Dear friends, you are participating into this rally not for your own benefit but also you are helping huge community. All the best!



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  • leoindiano
    07-09 01:38 PM
    I submitted for PP on June 19th, status never got updated ; lawyer received approval copy on july 5th

    even now?

    Thats strange.....




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  • GooblyWoobly
    07-18 06:25 PM
    Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.



    If you are not planning on using EAD and she won't either then she needs to change status to H4.


    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?



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  • mchundi
    02-14 07:42 PM
    It is almost 3-4 months for me tracking the progress of S-1932 and the comprehensive immigration reform process. I know some of u here have been lobbying for this even longer.
    To begin with a few of the immigration bills were to be taken up last september, then Bill Frist said "he will schedule immigration bills in 2006 only". Well i thought we have to wait till jan '06. Then from the blue came the S-1932, it had everything in it that i was waiting for. It was definitely an overkill, No wonder it did not go thru. If it had just the recapture of the unused numbers it would have probably gone thru.
    Now the comprehensive immigration bill is not likely to be taken up until end march. If something else more important comes in, then it might be postponed to the next year.

    We r caught in the politics of one-upmanship. The administration wants immigration reform. May be it wants to take credit for it. Some dont want it. The Senate majority leader is not interested in it. May be it is him we should lobby.


    May be we should change of tactic now. PACE has a good chance of going thru this year. May be we should lobby to tag the unused numbers into the PACE. That will atleast keep the PD current for a couple of years, before which the CIR can be taken up.
    Just a thought.
    --MC




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  • dealsnet
    04-15 05:18 PM
    You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
    What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.

    You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.

    Good Luck!



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  • mps
    04-21 02:25 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.

    Congratulations on getting your GC !!!

    I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.

    Was there any LUD on I-140 case after your FP?

    Regards




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  • pasupuleti
    07-05 12:37 PM
    Could someone with privileges update IV in the news Page?

    Thanks



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  • ruchigup
    08-22 03:52 PM
    Were you kidding or serious? You just quoted the very same name that guy is to avoid.

    Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
    Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)




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  • theperm
    05-07 01:06 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP



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  • masterji
    10-20 01:19 AM
    I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!

    But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?

    Not a lawyer.




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  • ssingh92
    05-19 01:37 PM
    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.



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  • TomTancredo
    03-11 05:30 PM
    This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
    Lets assume the greencard is approved and can it be revoked if i never work for the employer.
    And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.

    They will issue an RFE and ask you to prove otherwise.... They can flag your GC and can come after you at the time of Naturalization .. They can ask you when you enter and exit the country about how you got your GC..(This happens very frequently).. They can ask you if you ever worked ...

    if a company is doing business based on US immigration system , USCIS has many ways to find about it .


    If you have worked for them at the time of filing labor or 140 or 485 statge ... it should be easy to prove the intent because you have paystubs/w-2/...etc




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  • dpsg
    04-08 01:04 AM
    Please use more professional subject. All this information is in public domain
    & lawmakers like other's if get to read this will have a negative effect.



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  • amitga
    02-15 11:29 AM
    The best way to generate Revenue is to attract Advertisements on IV website. There is lot of traffic in IV from Indians and Chinese and some people from ROW.

    IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.




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  • Sachin_Stock
    02-03 04:51 PM
    anyone know if,

    Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )

    + 5 years Experience

    qualify for EB2 ?

    thanks,

    Your Masters should suffice for the educational requirements. 3-year Bachelors is irrelevent in this context. However your job position must nessiccitate the Master's qualification.




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  • santosh19
    10-31 02:08 PM
    What confuses me is or are you saying that calfornia service center no more process the H1-B extension. But when you go to processing time in USCIS website it still shows you that they process H1-B extension
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC




    krajani2007
    12-14 12:11 AM
    Cross country chargeability worked for me but you have to be persistent in sending the docs couple of times ; call them or take an appointment with IO as last resort. I got it in 3 months after using this option. I had an RFE for using AC21 but finally got it approved




    lapisguy
    07-25 05:42 PM
    Hi,

    I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
    My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?

    Are there chances that if I file I-485 it would get rejected?



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