Friday, June 10, 2011

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  • roseball
    08-07 11:10 AM
    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M


    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......




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  • MahaBharatGC
    10-16 03:03 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------

    This is very interesting to read actually than visualizing the process ourselves. Thanks to you and for your sources of info. just one quick clarification. In your 4 a) point:
    ***********
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    ***********

    What is considered to be inconsistency? Does H1B renewal, EAD renewal, AP renewal or travel considered a flag to be a probable inconsistency? Does changing employers by using AC21 provision or H1B transfer after filing I-485 considered to be inconsistency?




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  • deejk
    03-10 11:11 AM
    They started it from March 4, 2011. I have asked the USCIS representative when i called today about when they are starting the Secure Mail Initiative to track Green Card/EAD. The procedure is still the same, if its lost in mail, you will have to file I-90. But atleast you will know if it has been mailed, to which city, state, zipcode it has been mailed to.




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  • bugmenot
    04-10 05:10 PM
    I don't get what caused the sudden spike in the Master's quota. Earlier it used to be open for at least 15 days... Can it be because of increase in number of international students or people loosing in previous year lotteries going for Masters??? I seriously believe that H1B visa program needs reform - a valid job offer (read project for consultancies) must be necessary for applying AND a joining date within 2 months of starting FY. This is true madness going on.

    this happened because alot of students filed through multiple employers
    (read desi consultants) to better their chances

    i hope they do something about this artificial inflation and fraud bodyshoppers

    the masters quota would never have gone into lottery then



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  • eb3_2004
    11-09 12:57 PM
    I finished this survey!!!




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  • xgoogle
    11-12 05:34 PM
    Even if you are not paid, working for a for-profit organization implies taking away job from a legal resident/citizen who could otherwise have been paid. If its a non-profit org, its a different matter.



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  • lecter
    December 8th, 2003, 02:29 AM
    i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.

    This gave the shot a very surreal look.

    Don

    Sure is surreal... I'm with Steve, where does one get the plug-in?? (Perhaps I didn't read enough...)

    Offer from a Top consulting Firm | EB3 [Archive] - Immigration Voice

    View Full Version : Offer from a Top consulting Firm | EB3





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  • meridiani.planum
    08-12 05:40 PM
    if your applications are pending for over 6 months (approvable and your PD isc urrent for this long), file a writ of mandamus. Thats the only thing I have seen that moves USCIS to approve such old applications that are hiding behind the 'under background check' flag. Note that FBI namecheck is also now required to be completed within 180 days, so there is no excuse for an application to remain approvable but not approved beyond those timelines. talk to a good lawyer and pursue your case aggressively.



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  • aph0025
    11-12 01:13 PM
    sure. i will PM you.
    I got it, thanks a ton.
    Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?




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  • nabs501
    07-19 07:40 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485

    This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification

    Did my lawyer screw up?



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  • Harivinder
    06-13 04:19 PM
    Thanks For the information. I have made all the calls and I am trying to convince my friends to do the same.




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  • Appu
    04-17 06:13 PM
    This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.

    Dear [Appu],

    As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.

    On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"

    Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:

    http://www.tedkennedy.com/fightforfairness

    The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.

    Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.

    Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?

    Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:

    http://www.tedkennedy.com/fightforfairness

    This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.

    We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:

    http://www.tedkennedy.com/fightforfairness

    Yours for a stronger and fairer America,

    Marty Walsh
    Campaign Manager
    Kennedy for Senate

    P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:

    http://www.tedkennedy.com/Apr10RallySpeech



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  • needhelp!
    07-30 02:26 AM
    please count me for tx (dallas)




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  • pappu
    05-11 11:49 AM
    This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.

    If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.

    There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
    and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.



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  • insbaby
    08-06 10:40 AM
    Didn't you know for sure that you were going to stay with employer before asking them to apply GC.

    It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?

    Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.

    If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.

    Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.




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  • gcseeker2002
    01-02 02:56 PM
    Please anyone.........help me.

    I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.

    Thank you very much.
    You dont have to get it stamped if you are returning before your current stamping expires. However it is better to get stamping if you are planning travel after your current stamping expires.



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  • BharatPremi
    03-19 07:59 AM
    I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

    I need help on this as I do not want to terminate my job from my side.

    Any advice will be appreciated.

    Thanks,

    You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.




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  • munnu77
    04-06 10:56 PM
    If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.

    i agree immiration-law has not updated...
    see cnn at 11 30 pm ET...
    http://www.cnn.com/2006/POLITICS/04/06/immigration.ap/index.html
    http://www.msnbc.msn.com/id/12184299/
    http://www.foxnews.com/story/0,2933,190770,00.html

    they update every half hr




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  • webm
    04-21 01:24 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.


    Congrats!! dude...:) really a magic...


    -----------------------
    EB3-I Oct 1,2001
    485 RD June,2007 --TSC (waiting/hope)




    rex
    04-25 11:00 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex




    ArunAntonio
    11-22 11:59 AM
    I have just emailed CBS and highlighted the plight of the likes of us. I also made it a point to differnetiate the H1b issue and our issue.

    On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*



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