Jumat, 24 Juni 2011

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  • heathere3
    10-25 10:12 AM
    I'm a July 2nd filer (EB3, ROW, PD Aug 2005) and I got my receipts, fingerprint notices and husband's EAD on Aug 23rd. Still no AP for either, and no EAD for me (but I'm the H1-B, so it could be worse... at least my husband now has a job! :D )
    Heather





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  • abhishek101
    01-13 03:39 PM
    There is nothing you can do going forward. You broke the law and as such the punishment is more severe than simple monetory fine.

    If it is caught then they will cancel your H1b and will invalidate your GC.

    If they do not you are good :D





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  • go_guy123
    06-18 10:52 PM
    I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.

    By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.

    Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
    Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.

    1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.

    1996: Beginning of tightening screws on immigrants.
    First harsh anti- immigration was passed. affidavit of support for family based GC.
    Massive increase in discretion powers for immigration officers at POE etc.
    10 year ban etc on overstay

    In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.

    Plus major difference between 1996 and 1986

    In 86 tough rules was a price extracted for amnesty for illegals.

    In 1996 not even one clause was pro immigrants.





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  • HumHongeKamiyab
    03-16 01:12 PM
    Coming back to my original question: does anyone see any problem in this? Assuming my company answers any RFE raised by USCIS. Any thoughts?

    Thanks a lot.

    I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

    Does that affect my GC status in any way?

    Thanks,



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  • FredG
    March 3rd, 2004, 05:39 PM
    I like the composition just the way it is.
    Fred





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  • krchowdary
    01-18 03:17 PM
    we are all once H1b holders



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  • Junky
    09-22 03:20 PM
    Just gave you green
    44 Red dots for requesting people to call :mad:





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  • gc_on_demand
    06-06 12:39 PM
    I had 1 year contract for employment and I was not paid regularly. Also they were deducting money for health insurance which I didnot receive.

    So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.

    iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.

    Can i go to labor and complain ? Will they ask me to pay back 10k ?



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  • Openarms
    10-19 02:25 PM
    Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.





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  • dreamworld
    08-13 11:17 PM
    When we do dual filing with PERM...

    Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?



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  • Saralayar
    08-13 11:02 AM
    This thread should be deleted. Not related to our cause.
    Time Pass thread... Just a break for world news...





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  • anu_t
    08-13 06:05 PM
    joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.



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  • chehuan
    01-18 03:17 PM
    do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

    I can surely find out and let you know
    Thanks to all for helping out
    I am just into the process and I am not so wise with the whole thing





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  • Phogs
    06-23 10:00 PM
    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.

    DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D

    CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D



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  • indianabacklog
    08-06 07:09 AM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.
    You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?





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  • GlobalCitizen
    08-21 06:23 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.

    I am so frustrated and do now what to do.

    How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?



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  • BumbleBee
    05-30 12:27 PM
    Here we go again....the never ending bad news loop for immigrants (to be)
    Source-->
    http://www.immigration-law.com/

    http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm


    E. Summary of Final Fees

    The USCIS Immigration and Naturalization Benefit Application and
    Petition Fee Schedule, the proposed fees, and the final fees
    established by this rule are summarized in the attached table.

    ----------------------------------------------------------------------------------------------------------------
    Current Proposed
    Form No. Description fees fees Final fees
    ----------------------------------------------------------------------------------------------------------------
    I-90.................................. Application to Replace Permanent $190 $290 $290
    Resident Card.
    I-102................................. Application for Replacement/ 160 320 320
    Initial Non-immigrant Arrival-
    Departure Record (I-94).
    I-129................................. Petitions for a Nonimmigrant 190 320 320
    Worker.
    I-129F................................ Petition for Alien 170 455 455
    Fianc[eacute](e).
    I-130................................. Petition for Alien Relative...... 190 355 355
    I-131................................. Application for Travel Document.. 170 305 305
    I-140................................. Immigrant Petition for Alien 195 475 475
    Worker.
    I-191................................. Application for Advance 265 545 545
    Permission to Return to
    Unrelinquished Domicile.
    I-192................................. Application for Advance 265 545 545
    Permission to Enter As a
    Nonimmigrant.
    I-193................................. Application for Waiver of 265 545 545
    Passport and/or Visa.
    I-212................................. Application for Permission to 265 545 545
    Reapply for Admission into the
    United States After Deportation
    or Removal.
    I-360................................. Petition for Amerasian, 190 375 375
    Widow(er), or Special Immigrant.
    I-485................................. Application to Register Permanent 325 905 930
    Residence or Adjust Status.
    I-526................................. Immigrant Petition by Alien 480 1,435 1,435
    Entrepreneur.
    I-539................................. Application to Extend/Change 200 300 300
    Nonimmigrant Status.
    I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
    Immediate Relative/Application
    for Advance Processing or Orphan
    Petition.
    I-601................................. Application for Waiver of Grounds 265 545 545
    of Inadmissibility.
    I-612................................. Application for Waiver of the 265 545 545
    Foreign Residence Requirement.
    I-687................................. For Filing Application for Status 255 710 710
    as a Temporary Resident.
    I-690................................. Application for Waiver of 95 185 185
    Excludability.
    I-694................................. Notice of Appeal of Decision..... 110 545 545
    I-695................................. Application for Replacement 65 130 130
    Employment Authorization or
    Temporary Residence Card.
    I-698................................. Application to Adjust Status from 180 1,370 1,370
    Temporary to Permanent Resident.
    I-751................................. Petition to Remove Conditions on 205 465 465
    Residence.
    I-765................................. Application for Employment 180 340 340
    Authorization.
    I-817................................. Application for Family Unity 200 440 440
    Benefits.
    I-824................................. Application for Action on an 200 340 340
    Approved Application or Petition.
    I-829................................. Petition by Entrepreneur to 475 2,850 2,850
    Remove Conditions on Residence.
    I-881................................. NACARA--Suspension of Deportation 285 285 285
    or Application for Special Rule
    Cancellation of Removal.
    I-914................................. Application for T Nonimmigrant 270 0 0
    Status.
    N-300................................. Application to File Declaration 120 235 235
    of Intention.
    N-336................................. Request for Hearing on a Decision 265 605 605
    in Naturalization Procedures.
    N-400................................. Application for Naturalization... 330 595 595
    N-470................................. Application to Preserve Residence 155 305 305
    for Naturalization Purposes.
    N-565................................. Application for Replacement of 220 380 380
    Naturalization Citizenship
    Document.
    N-600................................. Application for Certification of 255 460 460
    Citizenship.
    N-600K................................ Application for Citizenship and 255 460 460
    Issuance of Certificate under
    Section 322.
    Biometric Services............... 70 80 80
    ----------------------------------------------------------------------------------------------------------------

    BumbleBee





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  • Alabaman
    06-22 03:05 PM
    IV core team itself is not active these day.

    Some people started a group, created a web site, featured on several news shows and have been flying miles to meet with powers that be. Some other people just joined the group by logging in from their website and all they can do is say that the first group as been inactive. Thats funny.





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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...





    RandyK
    11-28 09:22 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?

    What will happen to the �Rest of the World� category? When do you think they can expect results?

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?





    fittan
    04-23 03:26 PM
    gc28262,
    I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.

    I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).

    I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.



    Fittan



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