Thursday, June 9, 2011

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  • go_guy123
    04-30 03:42 AM
    Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.

    This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).





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  • ragz4u
    05-23 10:46 AM
    This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention

    Thanks a bunch Salil.

    Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)

    http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#





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  • pokemon
    05-27 12:37 PM
    Thx
    Pokemon





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  • rb_248
    12-13 03:09 PM
    I have waited long enough to say that. Came to USA and pursued a career in Traffic Engineering. Now I can't even find jobs in India because, many say that my job is advanced for India right now.
    Make sure you do a masters in some field in which you can find opportunities in India.



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  • StuckInTheMuck
    05-03 08:17 AM
    Updating profile should fill up your information in the tracker.

    Will make a not of it.

    Thanks a lot.

    GO IV GO

    Recently I had some trouble updating my profile. The "Additional Information" section has a series of RFE-related (on I-485, I-140, EAD and AP) boxes, where one must enter a valid date in the specified format. Because I did not receive any RFE yet, I tried to get past this page by entering 00/00/0000 ("N/A" did not work), which did not work either, and finally I settled with my PD on all these RFE boxes (which is, of course, incorrect). So, maybe the powers-that-be can fix the problem, and, also remove these wrong entries from my profile?
    Thanks.





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  • anilsal
    12-01 08:40 PM
    via regular mail. There is no tracking available. If it is lost, it is lost. That is what I hate about both the EAD and AP process.:mad:

    In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.



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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.





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  • Jaime
    02-02 12:47 AM
    Guys:

    Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:

    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS

    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
    `ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
    `(2) has at all times been a person of good moral character;
    `(3) has never been convicted of a criminal offense in the United States;
    `(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
    `(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
    `(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
    `(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
    `(c) Admissible as Immigrant-
    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
    `(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
    `(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
    `(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
    `(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
    `Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

    ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)

    Link

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    Gurus, any comments? Wouldn't this be great??

    Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

    Any thoughts???



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  • Saralayar
    03-17 02:20 PM
    According to IRS
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html
    If any member has ITIN, economic stimulus package benefit will not be given.

    EAD is a must for applying SSN. You need to show the EAD card, I-94 and Passport at the time of applying for SSN.





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  • optimist578
    03-18 12:34 PM
    Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572

    ----Quoted from website -----------------

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
    Status: Introduced
    This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.

    Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
    Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.


    Bill Sponsorship & Cosponsorship Statistics:

    Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
    ================================================== ====

    How encouraging is that?

    Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
    ---------------------------------------------------------------------
    Still fighting on... $50 p.m. + Lobbying with local Representatives...



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  • green_card_curious
    03-08 10:17 AM
    This is EXACTLY the confusion. My case is explained below:

    1. I am on H1-B - havent used my EAD yet
    2. My wife has and is currently using her EAD though
    3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.

    So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...

    Ideas? Suggestions? Examples?

    Thanks,





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  • velan
    05-10 08:28 AM
    Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.



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  • meher
    12-25 12:35 PM
    At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.

    The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.

    Sure i will let know the employer name. I am just waiting to have my H1B transfer.

    MRD





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  • supers789
    07-11 04:12 PM
    As most of you know USCIS is auditing all PERM applications filed by Fragomen. My application filed on April 20th 2008 also received audit (as filed by fragomen). I was wondering how long is it taking to get the response back for these audits? Anyone receilved response for their audits filed by Fragomen?

    This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.

    Thanks!



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  • gconmymind
    03-25 03:18 PM
    Is this true?

    http://www..com/discussion-forums/i485-1/86900247/

    That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?





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  • godspeed
    01-06 09:19 AM
    very good advice
    thanks for sharing this info
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.



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  • raysaikat
    07-08 12:10 PM
    yes,
    You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
    If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
    For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).

    I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.





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  • AttelsActuasy
    02-27 11:53 AM
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  • H1InTrouble
    09-18 04:05 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble





    msyedy
    12-13 12:35 PM
    Cons
    (a) How many EB visas will they increase in CIR?...
    (b) Will they allow you to file I-485 before your visa number is available.
    (c) How stable would be your job be in comming years
    (d) What year of your H1 B are you in.

    1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)

    1a) favourable ... 1b) -- ?????

    2) If Eb numbers increase a) allow you to file I-485 to get EAD.
    b) Eb num increases but no I-485 until date becomes current.

    2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.

    2b -- opposite to 2a

    3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
    current.

    b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then

    Your decision....

    I may be wrong but I need GC quicker





    reddymjm
    03-11 01:02 PM
    I just emailed mine to info@immigrationvoice.org.



     
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