Wednesday, June 8, 2011

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  • gcgreen
    07-17 03:59 PM
    165/hr is peanuts man. lawyers are EXPENSIVE. period.

    Isn't $165/hour a steep rate?




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  • ghost
    07-19 02:19 PM
    Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form the bulletin is showing April2002. He says we are not eligible for that...

    So now you are getting a feel of the whole mess we all are into. Welcome to the club!

    Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.

    You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html

    Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.

    You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.

    Good Luck!




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  • txh1b
    08-18 09:32 AM
    Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.

    http://www.uscis.gov/files/form/I-765instr.pdf

    If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.




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  • sunnymit
    08-10 04:32 PM
    A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?

    Thanks,

    Dinesh

    I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one



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  • ski_dude12
    07-13 05:36 PM
    Are you sure about that? Can you give your source that says

    "You have to inform them of every small move even after citizenship is approved".

    If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.

    yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.




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  • eb3_nepa
    08-13 02:32 PM
    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?

    Guys,

    Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.



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  • yestogc
    05-31 05:06 PM
    sorry.............

    Will Obama Follow his footsteps ?




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  • Aah_GC
    07-11 05:01 PM
    You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!

    PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now


    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.



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  • LondonTown
    05-04 07:58 AM
    Hi-

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

    Thanks


    You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.

    Technically they only fix the errors made by their officers but they can do it if they want.

    Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.

    If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.




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  • malibuguy007
    10-02 09:40 AM
    Many of you would have had the chance to discuss with your better halves yesterday night - ready to contribute now? :D



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  • harry15
    02-14 08:44 AM
    Thanks for all the prompt replies.




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  • sin94
    06-04 02:04 PM
    Isn't this disputable by the Lawyers?

    I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.

    Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.

    disturbing trend if true.



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  • inskrish
    04-11 10:51 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.

    Hello,

    I am 99.99 % confident that the soft LUD has nothing to do with your job loss. Had USCIS been that efficient to update our cases with in a couple of days of change request, we wouldn't have this messy immigration system. Lately, USCIS has been working aggresively to reduce the backlog of pending 485 applications applied during the July.2007 fiasco, by processing those applications. The "processing" means validating the application and the documentary evidences. If everything is fine with the application and the applicant's PD is also current, USCIS approves the I-485. If the PD is not current, USCIS preadjudicates the application and the application is kept pending until the PD becomes current. This triggers a soft update in LUD in I-485; besides, there are also several other scenarios that might trigger soft LUD in I-485.

    Regards,
    InsKrish




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  • SunnySurya
    07-13 01:12 PM
    Surabhi, thanks for your reply. Thats another option, I should look at.

    I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.

    The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.



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  • computerClerk
    06-11 05:26 PM
    Kris,

    This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.

    Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.

    Thanks

    Gaurav.

    1. Send an email to the employer
    2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
    3. If you have not received your dues, complain to your DOL immediately

    I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

    - cheers
    kris




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  • srikondoji
    04-26 07:16 PM
    http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx

    Many of my blogs were posted on the front page of timesOfIndia news paper.
    With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.

    Please write comments on this blog and make additions to what i have posted.
    Thanks
    sri



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  • little_willy
    09-15 11:49 PM
    �Progress is impossible without change, and those who cannot change their minds cannot change anything.�




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  • mn2007
    07-03 04:44 PM
    If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.

    -MN




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  • webm
    10-22 09:44 AM
    I guess all the EB2 june filers might get approvals rather than EB3 June..right??

    Has anyone in the EB3 category (june 2007 filers) got any approvals??


    Cheers!!




    saurin
    02-09 08:49 PM
    But since I also have H-1B and my sponsoring company did not cancel the H-1B since I am on LOA, can I work for another company on AC21 without H-1B canceled from previous sponsor.




    tikka
    07-19 01:38 PM
    http://digg.com/world_news/How_Skilled_Immigrants_Found_a_Voice



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