Saturday, June 18, 2011

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  • Dakota Newfie
    03-27 09:18 AM
    My immigration attorney said it was OK for my wife to "volunteer" as long as the work was "volunteer", i.e. something a US citizen could "volunteer" to do.
    She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.




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  • wellwishergc
    04-03 09:50 AM
    I think, it makes more sense for us to strive for 'I-485 filing without PD being current' and 'removal of hard country quota' issues rather than striving for the 'self GC application'..

    Let us focus on issues which is an extension of the current framework for legal immigration. I do not think it will be in our interest to compare our provisions with the ones of undocumented workers.

    Just my opinion!!!; IV core team can best decide on the approach. Is there any updates on our attempts to ammend for the 'I-485 filing clause' and the 'removal of hard country quota' clause?


    Yes if you are able to prove your illegal stay here and willing to wait for 6 years before applying for your GC, then you can do go this route. Also remember, it is possible that as of now there is no specific category under which these undocumented people can file their GCs. It is possible that you might have to wait another god know how many years before you actually get it.




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  • gsc999
    07-17 02:38 PM
    http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
    --
    I couldn't help post a reply. I was trying not to add to the buzy server traffic.

    Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.

    Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.




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  • gcseeker2002
    02-20 03:16 PM
    I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :

    Total : 105960
    India : 26636 = 25.2%
    China : 8222 = 7.75%

    No wonder china is moving faster in the EB categories



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  • eb3retro
    05-14 10:46 PM
    I already contributed after hearing the news that my pd is current.

    http://immigrationvoice.org/forum/showthread.php?p=63110#post63110

    Will continue to contribute in future.




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  • map_boiler
    07-15 04:57 PM
    Since you have an approved I-140 through your previous employer, the PD is yours to keep.

    Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!

    I was searching on internet and this is what i found on Murthy.com.
    --------------------------------------------------------------------------

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
    --------------------------------------------------------------------------

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.



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  • bank_king2003
    04-21 11:29 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...




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  • fullerene
    08-13 11:14 AM
    From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.

    It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.

    That's it!



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  • mrajatish
    08-15 09:30 AM
    The answer to your question: It depends on your situation.

    If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.

    If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?




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  • Appu
    04-02 10:31 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.


    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.



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  • morpheus
    04-03 05:33 PM
    Morpheus,

    Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.

    qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.

    OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.

    http://en.wikipedia.org/wiki/Linus_Torvalds




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  • naushit
    02-12 08:36 AM
    Chris,

    My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"

    Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?

    Just my 2 cents.!

    Regards,
    -N

    Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

    Called VSC, One officer told me that they have thousands of cases pending. :confused:

    Any one got GC recently and pending with IO more that 60 days ?

    Appricaite comments and advice.



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  • Vet04
    12-08 12:39 AM
    ?




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  • transpass
    03-16 03:57 AM
    hi,
    Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?

    I would appreciate if anyone who invoked Ac21 can help

    If you have the same job with similar job duties, one thing you can do is as follows...

    Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...



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  • santb1975
    02-14 08:01 PM
    ^^

    For the same reason, please help yourself to the NORCAL thread;)




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  • lagsam
    07-22 07:26 PM
    We have the same case. Our AP's (mine, my wife's and daughter's) are expiring next month. Fortunately, I have a close friend and an immigration attorney.

    He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.

    Three of us are paroled.

    He also explained that it will not affect your AOS.

    I hope I was able to help you.

    FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.

    Goodluck



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  • invincibleasian
    02-10 05:27 PM
    I hope they dont flood the US from UK now. Then we will have more retrogression!




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  • radhagd
    05-15 12:14 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.




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  • skgs2000
    10-14 05:57 PM
    This does not give you EAD status. It is just a pre-registration. EAD is given at actual I-485 filing and not at pre - registration.

    And this rule has been discussed by USCIS over for few years, but never implemented. And implementing it only adds one more additional step to the journey, with no EAD benefits.




    it is ok
    01-08 11:20 AM
    Hi:

    While sending passport for Renewal, do I have to attach I-94, too alongwith Old Passport, or should I remove it..I am sending it by Certified Copy..

    Thanks,




    Be_Pragmatic
    06-20 12:57 PM
    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.



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