Tuesday 7 June 2011

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  • raj1998
    02-05 02:24 PM
    I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
    Hope this helps !!




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  • caydee
    03-23 08:00 PM
    PM your contact details. I am in the Bay Area. Let us discuss action plan!

    I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

    Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


    Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

    I'll post to the yahoo group shortly.
    Here're the details on NC_Immigration_Voice:
    Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
    Group email address: NC_Immigration_Voice@yahoogroups.com

    It is our time to seize the reigns and kick start some momentum




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  • ksarin1
    01-13 11:25 AM
    Hello folks -

    I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.

    I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.

    Do you think showing business income on form 1040 will have any impact on the processing of I-485?

    Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.

    Thank you!




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  • sachug22
    07-16 01:51 PM
    Hi,

    My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.

    Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?

    Thanks for the help.

    Kanaka

    Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).



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  • nayekal
    02-17 01:02 PM
    Nayekal, Thanks for your response.

    What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.

    Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.

    Thanks...

    I can't answer this question.
    I believe you should talk to your lawyer about it.




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  • jungalee43
    01-11 09:10 AM
    Nice to know that I could be of some help. Thanks for letting me know.
    Wish you good luck in your AC21 as well as GC journey.
    I think all of us would need to add one day in DC as a part of this journey.



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  • mohican
    02-18 02:58 PM
    take into account that there was holiday season in between




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  • newbie2020
    02-10 09:34 PM
    If i am not mistaken We are looking at a legislation which will atleast renew them for few more months....So just as a word of caution it is too early for any assumption that EB4 Religious workers and EB5 is going to completely expire........ Wait 2 more weeks and we will know...



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  • TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.




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  • sk.aggarwal
    02-15 05:35 PM
    I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.



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  • smuggymba
    02-12 11:39 PM
    Just don't use immigration expert chandler sharma from Atlanta because this immigration expert doesn't handle immigration matters once you pay a 100 dollar fee at the reception.

    If you call to ask for an immigration expert to schedule an appointment, Mr Chandler sharma from Atlanta is the first and foremost person. When you go into this office, he says he deals in civil and business law....hahahhaha.

    My worst 100 dollars spent ever.




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  • legaleagle
    06-08 11:31 AM
    Dhundhun,
    Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
    Thanks again



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  • zeta7
    03-23 04:38 PM
    i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.

    Ok, this might seem like a really basic question considering most of you guys are at the guru level regarding these matters, but does your I-140 need to be approved before you can use your EAD? More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

    Thanks..




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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.



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  • Jaime
    09-14 05:25 PM
    To attend the rally:

    1- I canceled a business meeting - employer didn't like it
    2- I moved business travel around the rally, my boss also had to reschedule
    3- I am flying in from Texas

    Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!

    WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!




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  • 485InDreams
    02-11 07:56 PM
    i haven't recevied my FP notice yet.....



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  • saps
    11-06 03:53 PM
    How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???

    Dear President-Elect Obama,

    Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
    We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.

    1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
    2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
    3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.


    We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.

    Suggestions for relief to immigrant community:
    1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
    2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
    3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
    4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
    5. Allow temp visas for family members who are stuck in lines for Family based immigration.

    Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.

    We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.

    Thank you
    Your supporters
    Legal Immigrant Community




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  • gc_relief
    04-27 02:22 PM
    Hi Gurus
    I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
    other options left for me?

    Applied for H-1 extenstion Feb'5 2009
    RFE Date - Mar' 12 2009
    Denial Date - Apr'24 2009

    I797 Expiry - March'31 2009




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  • eb3_nepa
    03-07 02:18 PM
    Hi,

    A while ago on one of the conference calls, if i remember correctly, it was mentioned that there wud be a team of ppl who would be aggressively calling up people and ask them to join.

    First off am i correct? If i am correct, I was wondering if the same team could look at the contributions from the various members and call the "dormant" members up and ask them why they are apprehensive to contribute.




    fearonlygod
    11-13 08:44 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest




    kartikiran
    10-05 03:48 PM
    Administrators, I am sure the question from "bluekayal" was an innocent one.

    Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.

    I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.

    Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.

    Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)

    Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.

    IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.



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