Wednesday, June 29, 2011

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  • MYGC2008
    09-09 04:35 PM
    I received 2-emails one 9/5 and one on 9/9 with the same message saying my EAD card production Ordered. I don't know why they have sent 2 emails.

    I am still waiting for my wife's approval. Even though we applied on same day.

    ND: 07/25
    TSC




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  • rsayed
    03-07 09:41 PM
    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:

    Different things work for different people - whatever works for you or engages your time/attention, indulge in it in most of your spare-time and try to divert your "screaming" energy, constructively...

    I know it is easier said than done - but, this is life and no one said it's going to be easy...

    One of my friend always says "The best security if the money you have in your bank a/c". Rings true...:)




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  • eb3_nepa
    05-02 11:33 AM
    Ragz thanks for removing the unnecessary quotes :)




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  • desi3933
    01-30 02:32 PM
    ......

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
    .....

    .....
    H1b will not go dorment untill you change to H4.

    Incorrect!

    3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.

    However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • yabadaba
    05-05 10:54 AM
    could the admin who deleted my post please pm me




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  • bigboy007
    05-12 01:07 AM
    the title of thread suggests the meaning of divided interests... i think we all are ignoring one thing, lets say for ex. the administration changes its tune and makes all dates current. Then is that going to solve our problems will every one get GC right away? I dont know for sure what is the rationale for dates movement either becoz of demand of USCIS or any further directives but one thing for sure... Till Numerical limits disappear ( either by allowing recapture or eliminating country limits) no light in sight... May be it Flower campaign by "EBX" when EBX gets retrogressed is good for words...

    Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.

    You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.



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  • srinivas_o
    02-09 05:25 PM
    Paid $50 through Bank Of America bill pay.

    Confirmation number: 8MT87-N97Y8




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  • immigrationvoice1
    03-26 10:04 AM
    Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.

    I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.

    When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?

    There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?



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  • amitjoey
    11-19 11:19 AM
    We need to do three things to ensure that we succeed in this effort

    1) Be serious about this action item, not only should we be sending out this email, but also encouraging all others- Including your colleagues, friends, family- GC Holders, Citizens to send this email to their lawmakers. Numbers matter.

    2) We should follow up and make appointments Next week (It is a short week) or on Monday 29th November. When we go to this appointment, just focus on the message of this action alert. Do not be tempted to talk about any other issue, Do not take a lot of time and do not present any personal issue. Just talk about this one issue.

    3) Please consider getting on a recurring contribution for IV. We need the funds. There are a lot of things that can be achieved if we had a big budget.




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  • bugsbunny
    05-03 12:46 PM
    Hi, all:

    I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

    (1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
    (2). EAD card valid until 10/2012.
    (3). H1-B visa valid until 03/2012 through my current employer.

    I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

    So, my questions are:

    (1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
    i think you can do this on EAD but confirm with and immigration attorney

    (2). Is there any problem to new my EAD card since I lost my H1-B visa?
    you can work on EAD without H1B but you will be carrying more risk

    (3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
    Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
    BTW its not INS anymore its USCIS


    (4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
    Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.

    Thanks.

    Bruce

    see answers inline
    you can also ask your questions during the free weekly attorney calls we have on thursdays



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  • googlegc
    08-26 12:44 AM
    Consulting Company, but does it make a difference? FYI, We attached my client's letter with the application.

    Is it for direct employee or consulting company?




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  • desi3933
    06-28 01:49 PM
    Thanks gc28262 for your contributions to this drive. I request others to pitch in as well. We can discuss the nitty-gritties till we bleed. But that won't achieve anything. It will not stop the minformation being spread. We have to collect enough evidence and present it to the media. 4-5 job ads is just the beginning, we need a collection of few hundred to prove this is the prevalent trend.

    Borrowing line from your signature -

    Truth Will Set You Free


    Good Luck for your endeavors.


    .



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  • WaitingYaar
    02-06 10:34 AM
    Just wondering if anyone on the forum has experience at Ottawa international while returning with either AVR or AP. Also, is there a preference if you have both AVR and AP, what to use to enter back into US? Thanks.




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  • dingudi
    12-18 03:24 PM
    Dingundi,
    I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.

    It has already been 45 days since the letter was dated. NO FP nothing.

    Has going to IO helped anybody is getting a FP notice? That seems my last resort.

    If its TSC then I do not think it will help at all. Whenever I talk to IO their only response if they are waiting for availability at local ASC.

    So TSC people are out of luck.



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  • desi3933
    07-10 12:14 PM
    same way you prove that in the case of I-140... by writing up letters exlaining job duties... and showing offer letter, pay stubs, company tax returns and/or quarterly tax receipts, client contracts... etc etc etc...

    Well, then you are covered.

    again: what is your true point? why do you suspect that this is difficult?

    Its not difficult if one is really running the business. It may be difficult for someone who is looking for job and opens a company to show self employment with nothing else going for that new business.

    .




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  • bheemi
    06-21 09:18 AM
    I would request IV core team to concentrate on new bill or some way for relief to skilledworkers like us. I dont think waiting until end of July is good option here. It is certain that CIR is not going to be there for this year..whole US world is thinking of same.

    Further request to IV core team to work on some thing different for relief for skilled workers



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  • rpulipati
    12-11 11:47 AM
    I beilieve NC meant Name check and not North Carolina.




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  • desi3933
    06-27 12:10 PM
    Point1) makes me perplexed - Can there be agreements with open ended time periods.

    But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.

    >> Can there be agreements with open ended time periods
    No. Usually agreements define maximum time period or a condition (whatever happens first).

    Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.


    [Emphasis added for clarity]



    ______________________
    Not a legal advice.[/QUOTE]




    indianabacklog
    05-23 07:41 AM
    IV is trying to get rid of retrogression which is a great goal. However, this very thing has caused hundreds and thousands of children to age out. Would it be awful to add this into the matter. I know our lives have been put on hold waiting and waiting but some of our childrens lives have been thrown down the pan in that time. We will eventually have passage to permanent residency they will not.




    diptam
    08-18 03:53 PM
    Hi SunnySurya,
    Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.

    The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??

    Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...

    Thanks and Good Luck !

    Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.



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