Saturday, June 18, 2011

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  • mrdelhiite
    08-07 10:57 AM
    Though its not mentioned it is good file I-134. You are not eligible for I-864.

    Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->

    Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.


    Thanks a ton for your help guys. :-)
    -M




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  • apahilaj
    07-19 07:41 AM
    Hi Dazed, thanks for your response. I checked the filing instructions on 485 form and it does not mention I 134 form any where. I did not file this form since my lawyer never asked me to do so.

    Do you or anyone in this forum know, what happens to the application in that case, RFE, etc?

    Thanks again.




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  • pkv
    01-07 06:13 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?




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  • waitingnwaiting
    01-06 01:13 PM
    Yesterday, Rep. Darrell Issa of California introduced H.R.43 to amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas (50,000) to certain employment-based immigrants who obtain an advanced degree in the United States. The bill has been referred to the House Judiciary Committee, which will be chaired by Rep. Larmar Smith of Texas. House Immigration Subcommittee will be chaired by Rep. Steve King of Iowa. The Homeland Security Committee will be chaired by another King of New York.

    http://thomas.loc.gov/cgi-bin/thomas
    H.R.43
    Latest Title: To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
    Sponsor: Rep Issa, Darrell E. [CA-49] (introduced 1/5/2011) Cosponsors (None)
    Latest Major Action: 1/5/2011 Referred to House committee. Status: Referred to the House Committee on the Judiciary.



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  • santb1975
    02-14 12:47 PM
    We need help




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  • sundevil
    03-11 05:48 PM
    It does not become any less fraudulent if the employer participates in it. You are applying for a Green Card sponsored by an employer saying that employer needs you, without ever intending to work for them once you get it. Don't you see it. Its fraud.


    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.



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  • joeshmoe
    03-24 04:13 PM
    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.




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  • WillIBLucky
    12-22 01:48 PM
    I did not say that you cannot. I only said if the previous I140 was revoked due to fraud by USICS then you cannot port the PD to your new application.

    Yes even if the I140 is cancelled by previous employer but was clean then you can still use the PD with your new application.
    Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"

    Looks like we can port the priority date ..., even our employers cancels I-140....



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  • priderock
    05-15 11:03 AM
    I think this is a very useful poll and I wish most people partake in this. This will give a very good metric on how many people are waiting and good guestimate on future movements !!!




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  • illinois_alum
    06-06 04:58 AM
    See responses in red below. Guys...I don't understand why there's so much of confusion. How is it that you can't figure out what the manner of your last entry was??? If you used H1 then it has to be H1, if you used AP then has to be PAROLEE! In any case, this is stamped on your I-94...just check there.
    Hi illinois_alum and sanjayc,

    I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:

    1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status

    2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one

    6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485

    Thanks for your help.



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  • zCool
    01-30 01:41 PM
    Sent email to all the ones below..
    Use following list!

    editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
    smason@hometownlife.com,editor@gaylordheraldtimes. com,editor@ejourney.com,lpainter@grandhaventribune .com,pulse@grpress.com,gleiva@gtherald.com,dclark@ staffordgroup.com,editor@ilecamera.com,jminnis@gro ssepointenews.com,james.pruitt@hillsdale.net,Jim.H ayden@hollandsentinel.com,frontdesk@countywidenews paper.com,bsargent@mininggazette.com,resorter@voya ger.net,kniebel@hearstnp.com,editor@iosconews.com, marian@ironcountyreporter.com,news@ironmountaindai lynews.com,globenews@chartermi.net,editor@citpat.c om,frontdesk@birchrivergroup.com,rpierce@kalamazoo gazette.com,ksmith@oe.homecomm.net,sentinel@up.net ,dmelot@lsj.com,editor@countypress.com,editor@leel anaunews.com,mstuart@ht.homecomm.net dvarga@hometownlife.com,sbegnoche@ludingtondailyne ws.com,vanhulle@macombdaily.com,editor@marcellusne ws.com,msysop@hdtinfo.com,newsroom@miningjournal.n et,
    Chronicle4@aol.com,mdnletters@mdn.net,editor@milan news.com ,mtrecept@ht.comecomm.net,tom@monroenews.com,tcyou ng@nemichigan.com,scoon@michigannewspapers.com,mun isingnews@jamadots.com,gcarlson@muskegonchronicle. com,donna@voicenews.com,jan.griffey@leaderpub.com, daguilar@gannett.com,cstone@ht.homecomm.net,neil.m unro@oakpress.com,editor@oceanaheraldjournal.com,e ditor@ontonagonherald.com,editor1@oscodapress.com, ksmith@oe.homecomm.net,kwint@petoskeynews.com,bkad rich@hometownlife.com,tdwalker@gannett.com,Editor@ piadvance.com,dvarga@hometownlife.com,frontdesk@bi rchrivergroup.com,gwinkelman@hometownlife.com,news @romeoobserver.com,editor@dailytribune.com,kmartin @mn.homecomm.net,letters@thesaginawnews.com,editor @stignacenews.com,editor@salinereporter.com,publis her@allegannews.com,editor@sooeveningnews,sblack@h t.homecomm.net,
    wpeal@hometownlife.com,editor@thenewsherald.com ,letters@heraldpalladium.com,newsroom@sturgisjourn al.com,editor@tecumsehherald.com,edit@upnorthpub.c om,letters@record-eagle.com,news@tctimes.com,sarmbruster@hometownlif e.com,editor@troy-somersetgazette.com,joe.warner@advisorsource.com,v ptimes@sbcglobal.net,news@thescngroup.com.,news@tr icityrecord.com,letterstotheeditor@advancenewspape rs.com,lruehlen@hometownlife.com,smason@hometownli fe.com,editor@whitelakebeacon.net,editor@ypsilanti courier.com




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  • anindya1234
    07-17 10:34 PM
    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.

    Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?



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  • Munna Bhai
    08-05 01:56 PM
    Hi Friend,
    i have sheduled for interview in July,some how i couldn't make it that time.I have requested to postpond for 3 months.Are they assinged any visa for me ? Are they going to call me for interview after 3 month.Can anyone tell me are they going to call me ? Please answer . Thanks

    please be more specific ,which interview??




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  • coopheal
    11-08 04:27 PM
    get real man... 655K is lot of applications
    just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
    Also this time is on the top of what we have already waited for till now.

    When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.

    If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.

    The total number of pending AOS in June, right before the July VB fiasco, is 597K.

    Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
    should be about same.

    EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.

    This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
    every year.

    So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.



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  • kumjay
    06-28 03:37 PM
    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp




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  • skv
    07-18 01:51 PM
    Atlanta PERM Center belongs to DOL not USCIS


    We need more people to know about the issue at the Atlanta PERM center.

    I'm sure, our immigrationvoice will support as always. :-)



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  • BEC_fog
    07-04 12:13 PM
    Could someone please post the article here?




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  • Gravitation
    07-20 02:19 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself

    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.




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  • yanj
    12-14 12:18 PM
    ok




    paskal
    12-27 04:43 PM
    follow up call today
    details are the SAME

    10pm cst
    we will try to keep to the point and keep it short
    please attend




    hopefulgc
    09-02 11:57 AM
    If this is not like a "third world" goverrnment/municipality office, then what is?

    I think we all might just have to form groups of 10 people each and file group WOMs replete with reimbursement of attorney expenses.






    Edit. Latest ..on my case.(with a little history) and this is hilarious.

    8/21/2008 : Talk with the California Service Center (hopefully)
    Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
    Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.


    8/22/2008: Talk with Customer Service
    Customer Service: Your case is still in California.

    9/2/2008 : Info pass appointment. Talk with IO
    IO: Your case is still in TSC but will be transferred to CSC soon.

    I cannot believe such an organization exists in the world.
    ************************************************** *********************************



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