Sunday, June 12, 2011

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  • nixstor
    06-28 02:13 PM
    I am not sure if I am reading this right or not, go this page

    http://www.imminfo.com/resources/cis-sop-aos/3-7.html

    and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

    So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?




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  • gcformeornot
    04-06 02:07 PM
    For those who have Labor Sub and used AC21 to port employer....read on...

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)




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  • lazycis
    12-10 03:08 PM
    To keep your AOS all you need is to make sure your new job has the same or similar occupational code. H1b transfer does not matter.




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  • Humhongekamyab
    09-16 02:19 PM
    Same thing you used your Cingular minutes for :)
    This will be your second round of calls.

    Not Cingular but the new AT&T. :D



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  • fasterthanlight�
    08-23 05:25 PM
    HOly old thread batman!!!




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  • immiguy
    07-20 05:03 PM
    her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?



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  • mita
    08-20 12:46 PM
    I just called USCIS and according to the person I spoke with, it takes approximately 30 days from the date of approval of primary applicant for approval of dependents.




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  • dale
    09-24 03:32 AM
    hey thanks everyone for the great comments about my stamps (the 3 vector ones including the green swan stamp) - i completely forgot about them (haven't been on here for a while) so i didn't even get to vote. ah well, thanks anyway everyone!

    _dale



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  • anindya1234
    07-17 10:08 PM
    I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?




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  • GC_1000Watt
    01-23 12:07 AM
    Hi,

    My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.

    Please advice.

    My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.

    I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
    You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.

    Consulting with a lawyer will help you my friend. Good luck.



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  • Longitude+and+latitude+map


  • wellwishergc
    04-10 07:01 PM
    I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.

    Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.

    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • GCNirvana007
    04-08 05:23 PM
    This is unreal !!.

    I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.

    By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.

    Reddog, GCPool - hats off to you guys staying sane over here.

    Good luck everybody.



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  • A map of the Earth


  • singhsa3
    07-20 01:37 PM
    This may be a serious issue. Consult a lawyer. Receipting may take a while.
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.




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  • vallabhu
    01-02 02:08 PM
    I have applied from Texas SC

    My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role



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  • rocky74
    07-19 10:39 PM
    Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.

    Any Guess????




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  • blacktongue
    01-26 03:30 PM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    US needs EB1 and Ph.Ds

    Others not contribute as much



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  • walking_dude
    11-25 11:52 AM
    Dear Friend,

    Immigration Voice (IV) [http://www.immigrationvoice.org] (http://www.immigrationvoice.org%5D), a grassroots organization working to solve the issues faced by employment-based immigrants, is planning a DC Rally during the first week of March 2009 to bring the issues faced by our community to the notice of US lawmakers.

    Details of this initiative are provided here - http://immigrationvoice.org/forum/showthread.php?t=22519

    I request you to join IV as a member and support this initiative by indicating your interest to participate in the DC Rally and Lobby Day (visiting lawmaker offices to seek their support)

    As you might know our community is facing the following situation

    1) 140,000 total numbers per year worldwide vs. 1 million applicants and their families waiting in the line. Some from 2001 and may be before that ! It's common sense that it will take at least 6 years to clear just the current backlog, if there were no per country quotas.

    2) Per country quotas of 7% exacerbate the situation to applicants from high-demand countries like India, China, Mexico and Phillipines. Approximately just 10,000 visa numbers are available to India where as it's estimated that at least 44% of the applicants may be from India ( based on USCIS statistics of around 44% of H1bs being granted to India every year). As spouse and children are counted, considering 4 members per family, on an average only 2500 Indian applicants get Green cards in a year. As you can see the numbers are dismal.

    Meaning, if you are from India, China, Mexico or Phillipines, you may have to wait 10 to 12 years to get your Green Card or more

    3) Between USCIS and DOS (Department of State that runs the Visa bulletin) a number visas get wasted every year, worsening the already BAD situation. For instance between 1994 and now 218,000 GCs were wasted by USCIS. ]If the trend continues, it may well mean 15+ years for India/China/Mexico/Phillipines

    Now I know the problems ! What's the solution?

    1) Increase worldwide EB GC numbers to 290,000 per year or more
    2) Eliminate country quotas
    3) Exempt spouses and children ( dependents) from the GC quota (this will effectively double the quota)
    4) Since USCIS inefficiency cannot be fixed by us, implement a 'Rollover' of unused visas to the next year(s)
    5) Recapture the unused number of 218,000 visas . This may mean you'll get GC or at least see PDs jump forward by a few years (reducing your wait time tremendously)
    6) Lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions.

    I know the solution. But, pray, who'll bell the cat?

    Fortunately for us, there is an organization that is working 100% exclusively for our cause. Immigration Voice ( http://www.immigrationvoice.org) a non-profit organization formed by EB immigrants to work for our cause. Starting with barely 200 members when it was formed in 2005, now it boasts a membership of 30,000 members and around 30 state chapters serving every US state with significant EB immigrant population.

    Immigration Voice ( fondly called IV by it's members) lobbies the US Congress and USCIS to provide relief to us. They have hired a high-profile lobbying firm Patton Bloggs to do lobbying for our cause. In addition they also do grassroots lobbying at State chapter level with the local Congressmen.

    What's Lobbying? Is it Legal for non-citizens ?

    Lobbying or 'Advocacy' is the act of Petitoning the US Government to redress issues faced by any person living in the United States. It's a right guaranteed by US Constitution (First Amendment) to every person living in the United States, citizen or not.

    Just like you can argue your own case in a court of law (if you choose to do it), you can also lobby or petition the US Government on your own. If you chose so, you can also hire a professional lobbying firm to do it for you, just like you can hire a lawyer to represent you in the court. Both are legally guaranteed rights. It's common sense that a professional does a better job - be it an experienced lawyer or a lobbying firm. Getting professional help greatly increases the chances of success.

    Boy, It must be really COSTLY to hire those DC Lobbyists?

    You are right. They are costly, but IV has been managing to keep the effort funded through sacrifices of it's Leadership (IV Core group), voluntary contributions from it's members, local fundraising campaigns by State chapters and selling IV-branded merchandise.

    Contributions are what keep IV ticking and working for you.

    I understand IV has been doing all this? Have they had any success so far? I don't want to invest in a campaign destined for failure !

    IVs success record so far in the order of signifance to EB community

    1) July Visa bulletin Reversal - Due to flip-flop by USCIS 350,000 applicants were denied the promised ability to file I-485 in July 2007. Chances are you might have been one of them ! We faced the grim prospect of losing thousands of dollars and countless hours of effort .

    IV conducted 'Flower Campaign', i.e sending Flowers to USCIS director Emilio Ganzales to request redressal of this unfair decision (in the spirit of passive resistance movement of Mahatma Gandhi). It provided wide media coverage to the issue nationwide.

    IV through it's California chapter, conducted the successful 'San Jose Rally' to highlight the isue to the Congressmen through the media. It also took an active role in petitioning San Jose Congresswoman Rep. Zoe Lofgren to help fix the issue. As it turns out Madame Lofgren, who also happens to be the Chairwoman of House sub-commitee on Immigration, was instrumental in forcing USCIS to rescind (revert) it's prior unjust decision ! An IV effort that paid rich dividends.

    IV actively particpated in discussions with USCIS in deciding the modality of reversing the decision, and was the first group to announce it, even before USCIS and US Department of State !

    IV Walked the Talk and helped the EB Community immensely


    3) Lobbying USCIS for administrative reforms - IV participated in the FBI Namecheck backlog reduction meeting ( when it approached alarming figures with some waiting for 1-3 years), where USCIS announced increased FBI funding to expedite the checks and other process improvements to increase efficiency.

    IV also successfully lobbied USCIS to increase validity of EAD/AP to 2 years from the previous validity period of 1 year. It has resulted in a saving of at least $1400 per year for every EB immigrant family that has filed I-485

    IV continues to lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions


    All right. Is there anything I can do to help IV?

    Definitely ! IV is an organization of volunteers just like you and me. There are several ways you can help IV. For starters by participating in the very important upcoming DC Rally and the Lobby Day.

    Just spread the word. Forward this E-mail to all your friends waiting for GCs.


    1) Join : IV forums are a good source for finding answers to Immigration related matters and exchange information. IV also conducts pro-bono (FREE) lawyer conferences for members on a regular basis.

    Website link - http://www.immigrationvoice.org.
    Member registration - http://immigrationvoice.org/forum/register.php

    2) Contribute : As you have understood, Lobbying requires lot of funding. IV needs your support to keep the good work running.

    You can contribute either one time or join as a monthly (recurring) contributor [preferred] here -
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    You can send ANY AMOUNT to IV as a contribution. All you need to do it create a PayPal account (if you don't have one), register a bank acount/Credit Card with PayPal (if not already done). Send money to IV using E-mail id - donations@immigrationvoice.org

    3) Volunteer : If you are open to volunteering, you can join your local State Chapter of IV. State chapters conduct activities such -

    a) Lawmaker meetings with Congressmen to discuss issues faced by EB immigrants
    b) Fundraising at local Events
    c) IV publicity through Flyers at public places & Events
    d) Local media outreach to get media coverage for EB community

    Benefits of joining : State Chapters provide more detailed coverage of IV updates issued from time to time than available at IV forums (restricted due to presence of anti-immigrants). They also provide updates early ( 2-3 days before stuff gets posted on IV)

    How to join ? : Yahoo/Google groups for the State chapters are listed here.
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52 ( Scroll to the bottom !)

    Submit a request to join your State chapter with your - IV id, Full Name, E-mail, Telephone number (mandatory to filter anti-immigrants). State chapter leaders will call to verify and you are in !

    You have covered it in detail. Yet, I have many unanswered questions! Whom should I contact to get more info?

    Ask IV !

    Call - (202) 386-6250
    E-mail - info@immigrationvoice.org




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  • bestia
    08-03 08:15 PM
    How tempting to change few words, add few dates, add few signatures, etc.. so the case looks better.. and then all of a sudden we hear messages like "Please help!!! my H1/LC/485 denied, back in 2004/2001/1997 we applied and did or didn't... please help!!!"

    Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.

    For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.




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  • desi3933
    06-21 12:34 PM
    No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.

    I agree, but with a little change.

    With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002




    seetheavatar
    10-15 03:33 PM
    Don't worry guys.If you have received a mail saying that your GC is posted and if it is more than 30 days you can contact the customer service and create a service request.
    You will get your card within 30 days.

    If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
    For this case also you have to create a service request and you will get your card within 30 days.




    nrk
    10-06 06:07 PM
    Done



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