vinvin24
08-27 11:34 AM
I am in Miramar, FL. Do you meet regularly in SF?
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linuxra
07-23 03:00 PM
Are u from vision systems too...and do u know anybody got approved
paskal
12-26 04:24 PM
please mark your pocket pc's or whatever your choice of poison...
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deardar
12-10 01:36 PM
Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
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ss1026
08-06 08:58 AM
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
ujjvalkoul
01-25 04:01 PM
Wow!! Thats great guys...way to go!!
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houston2005
07-20 05:50 PM
Once you get the I 485 receipt..you can apply EAD on your own..Why you need to beg for that to the Employer. Let it go. File for your I 485 and get the receipt. That's enough to keep you in status.
Filing AP and EAD are very simple process and you can do it on your own.
Filing AP and EAD are very simple process and you can do it on your own.
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royus77
07-12 06:58 PM
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
more...
logiclife
02-16 01:02 PM
There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
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arsh007
01-31 08:52 AM
I agree. UnitedNations has been tirelessly providing inputs to a lot of GC cases especially the 3 year degree issues on http://www.immigration.com. His vast knowledge in these areas can surely serve as a valuable knowledge base for potential and current GC applicants. I have been following his posts on http://www.immigratio.com for around 2 years now and his inputs has benefited me in take proactive measures for my employment based GC appliction. Hope we can continue giving his valuable advice on this forum too.
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Leo07
02-03 05:28 PM
God Bless!
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
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priderock
05-15 01:33 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
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larryking
10-22 06:55 PM
485Mbe4001 thanks for your reply. If you look at visa bulletin - Priority date for EB 3 is 1 Aug 2002. So from your reply, I gather, that they would look at processing all the applications they have on file from 2002 upto 2007 for "Latvia". And only if they end up with some visa numbers remaining due to lack of applicants, will those number be transferred to other countries.... Right??
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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.
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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pappu
12-15 09:47 AM
http://immigrationvoice.org/forum/blog.php?b=11
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optimystic
03-19 06:01 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
more...
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chanduv23
07-06 09:49 PM
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.
Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.
Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.
Cheers
Kris
Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.
Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.
Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.
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ocpmachine
06-17 12:26 PM
Thanks yganreddy for your input. It might help.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
EB3June03,
Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.
Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.
Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.
Disclaimer: I am not a Doctor/Lawyer.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
EB3June03,
Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.
Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.
Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.
Disclaimer: I am not a Doctor/Lawyer.
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LostInGCProcess
08-26 01:20 PM
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
seba
09-24 10:35 AM
Hi all,
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
abracadabra102
07-29 05:58 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
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