Sunday, June 19, 2011

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  • mdcowboy
    02-25 08:45 PM
    I don�t want to get into this fight or judge the OP. They are already paying the price for they did. Just I want to reply for your post. If it has happened by mistake we can consider put ourselves into their shoes. I believe most of us do not want to shoplift intentionally. Some people are doing it for fun/thrill or it�s in their blood. In this context, I failed to understand what do you mean by 'Put yourself in their shoes'.

    People got one more channel to vent their frustration... Never mind...

    I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.





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  • saimrathi
    08-22 02:53 PM
    Any ideas about this query?

    Thanks for the reply gc_chahiye.
    If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????





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  • IVFOREVER
    03-06 04:10 PM
    I think given the volume of name checks cleared and USCIS is working on these cases(assuming) it will move to 2001 oct MAX or the same month and move a couple of days.





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  • akhilmahajan
    05-03 06:51 AM
    Seems like a lot of people are waiting........
    hopefully things will move fast...........



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  • amitarora74
    08-04 11:43 AM
    anoopraj2010

    you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think





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  • hsingh82
    04-23 12:37 PM
    Anyone please?



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  • Jimi_Hendrix
    12-16 05:46 PM
    To make any educated guess there has to be a basis. You need to have some data or some other relevant information. Unfortunately there is no data available that can help one make an educated guess about the future movement of EB3 India.

    In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.





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  • chanduv23
    04-21 01:44 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.



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  • glus
    06-07 08:08 AM
    The only option you have is to get into the U.S. and start working for the employer who sponsored your H-1B. After you establish that you work for the employer, you may start looking for another company, who can then do a transfer with H-1B extension for you, or you can ask your original employer to file extension of H-1B for you. In either case, you did not loose any of the 6 year time. The time starts counting after you enter U.S and are in H-1B status.





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  • trueguy
    08-09 06:15 PM
    Bump



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  • ritwik_ind
    11-11 11:30 AM
    Where are the winners posted? It's already 11th !





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  • waitin_toolong
    04-13 01:30 PM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    When you open an account with Vanguard ( my favorite for IRA) they actually have guides etc to help you out, to really make things smooth do not make out checks in your name, open the IRA account and choose to roll over existing 401(k) ( it will guide you through a process) also you will receive some paperwork from current 401(k) managemnet about your options and paperwork.

    In most companies even though you will become eligible for match only after a waiting period you can still roll-over and make contributions. Check if you are confusing the two aspects.



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  • sabeesh
    04-27 08:06 PM
    Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?





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  • sc3
    09-08 07:17 PM
    USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.

    EAD, AP has time limits, your 485 receipt does not. USCIS needs to constantly monitor the applicants to make sure that anyone denied is leaving the country or turns into illegal. Otherwise, lawyers will be very happy to say that "their" client did not receive the denial notice and had therefore continued to live in the US legally.



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  • chanduv23
    04-21 04:27 PM
    Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
    According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

    Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.

    Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.

    But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".

    Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.

    So what is the status when one files MTR? It is not defined.

    Thats exactly why I said " An Attorney will be able to explain"

    My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.





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  • cheg
    08-30 02:41 AM
    I was thinking that 'Parolee' seems to be the logical choice but I also think that one has to re-enter using advance parole to be called a 'Parolee' exactly what shreekhand said. I would say you're an 'Adjustee' but it's not in the choices so I suggest doing the paper-based application. Good luck!

    In legal parlance it is referred to as "period of stay as authorized by the Attorney General".

    Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.



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  • Steve555
    01-31 08:38 PM
    Hi,

    Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


    Many Thanks,
    Steve





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  • eb3retro
    08-30 12:38 PM
    My PD is 2002 Aug


    hi redhat..

    welcome to IV. looks like you joined IV recently. I hope you will get answers for your questions here and will come out of this RFE mess. Please do consider abt giving IV (and yourself) a hand in the Washington Rally. All the best.





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  • shaikhshehzadali
    07-08 05:51 PM
    They took 20 k tilll last month and no match.

    ____________________
    contributed $260 so far


    How do u know that?





    Canadian_Dream
    01-18 05:01 PM
    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.


    Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.

    Read below and find it yourselves

    A) What does it cost for average family of 3 for EAD and AP renewals?
    EAD Renewal Fees Form I-765 - $340
    AP - Renewal - $305
    Document Mailing/Correspondence - $ 30
    Photographs cost - $24
    ------------------------------------------
    Total per person - $699
    ------------------------------------------
    For 3 years, $2097/ person
    ------------------------------------------
    For 3 applicants in a family - $6291
    ------------------------------------------
    Driving Fees Renewal 3 times - $120 per family
    If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
    New I-9 forms to employer and all other mess $10
    Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.


    B) Contrast this with the effort to participate in the IV Campaign..
    Time that will take to write these letters - 30 minutes
    Stamp and Envelope Cost - $2


    Which is better? Red or Green. Do the math yourselves and see the truth.

    Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..

    Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
    Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595





    Sakthisagar
    12-07 09:16 AM
    Indian SCAM is becoming higher 2G & 4G SCam etc etc... 4G scam, burkhas, rajdeep,pronnoys and sagarikas making the money not salaries. Always the other side is green



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