Friday, June 17, 2011

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  • pappu
    07-26 10:34 AM
    added to this is also another question that may benefit few people in this situation. If labor is approved by the previous employer , how long will that stay valid. I mean people on 6+ year extensions may need ex employer's labor certificate in order to get one year extension so that they can reaplly with new employer.

    Is there a time limit on labor to become void if within a certain time I140 is not filed?
    sky7, you shoudl post your question and this question during the call with the lawyer. I am sure a lot of people are in a similar situation as you and such answers with benefit everyone.





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  • gc_rip
    07-09 10:02 PM
    Hi Ann,

    Appreciate your help, and this is more than useful for me.

    "To make sure that USCIS does not find that you have abandoned your
    AOS application you should maintain the validity of your Advance
    Parole if at all possible."


    I have another related question.

    1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
    If I travel after a long delay of 8 months would can cause any issue on AP based entry?

    2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?

    Thanks,
    Raj





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  • Pagal
    09-19 11:21 AM
    Hello,

    Sorry to read your experience ... not to rationalize the conduct of the rude employee, but they are also just human beings who have family, financial worries/problems and not all of them like their jobs either ...

    Having said that, there is no reason for you to accept the rude behavior of anyone ... you are asking for a visa, not begging for it! Here are somethings that you can do ...

    1. Email to the Consul General to file a complaint (provide as many details as possible, e.g. time of interview, window number, sequence of interactions, specific parts that you found offending and unreasonable). Here are the contact details (http://mumbai.usconsulate.gov/contact-us.html).
    2. Write a letter to Consul General with copy to US ambassador, the Ombudsman of state department and Secretary of State. Here is the online form (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=qk*MUpak&p_accessibility=0&p_redirect=&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD05NCw5NCZwX3Byb2RzPSZwX2NhdHM9JnBfcHY9JnB fY3Y9JnBfc2VhcmNoX3R5cGU9YW5zd2Vycy5zZWFyY2hfbmwmc F9wYWdlPTE!) (and on left side, there are phone numbers and addresses).

    Always remember that you are a free citizen of a free country who is working in US because there exists documented need for your skills in US.

    Good luck and I hope your visa is granted in due time ...





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  • WeShallOvercome
    07-31 06:28 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks



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  • Ram_C
    11-19 07:59 PM
    Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.

    Sorry to ask this question on this thread, but i think i don't have ability to create new thread?

    Can some one help please?

    My PD is Feb 2006 and I am EB3 India

    This is common, many of us including me received soft LUD on already approved
    I-140 applications. check my post#2 on this same thread.

    hope this helps
    good luck :)





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  • immi2006
    11-27 11:08 PM
    Folks,

    My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.



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  • koppula09
    01-04 02:20 PM
    Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??

    Regards,
    -- Venkat





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  • kalyan
    07-07 05:10 AM
    U r lucky that you have the EAD.

    My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here

    Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained

    US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive



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  • singhsa3
    04-30 05:11 PM
    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.

    So far I have the following rational (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.

    Facts

    1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
    2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.

    Assumptions
    1. Each labor application uses in 2.2 visas.
    2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
    3. Total BEC visas requirements 180,000*2.2= 396,000
    4. NIW applications are negligible.
    5. Retrogressed countries account for 50% of visas used.


    Calculations
    Scenario 1: Visa processing time is Zero
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
    2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
    3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521

    Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
    2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
    3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.

    What it means:
    BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.

    Conclusion:
    Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
    Last update:
    Time 11.32 AM ET , 05/01/08.





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  • plassey
    09-05 12:01 PM
    What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.

    Why should I worry about it? Do you really think you can make a difference?

    Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?

    You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.

    So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)



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  • vjkypally
    09-14 04:48 PM
    Seeing the interest for this Poll I think most 2004 cases are already approved. Remaining should be cleared this month or next month for sure.





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  • seahawks
    09-09 12:51 PM
    Calling all WA State (OR also) IV members to join yahoo group. We need to coordinate stuff and contact all of you as a group, so please join the yahoo group created for channelizing IV message, organizing and sharing the vision and bringing awareness to Northwest region on Legal Immigration issues.
    http://groups.yahoo.com/group/WA_Immigration_Voice/



    Thanks and appreciate your help



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  • vinay076
    10-31 10:27 AM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:





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  • nonimmi
    06-25 11:36 AM
    It is free. I just got 8 photos done from AAA.... But I am plus member..
    But even for regular member you should get 6 photos.

    I called AAA. They said its free for Premium members only. I'm Plus member and price is $25 for 6 photos.



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  • rghrdr777
    10-27 11:15 AM
    I got the same response about AP (same RD), approved Oct 17, not received yet.

    Please let us know if you receive it. Good luck.

    My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.

    TSC (Sent to NSC. Got transferred to TSC)
    RD: 06/25/2007
    ND: 08/01/2007
    EAD Self Card Received: 08/23
    EAD Spouse Card Received: 08/25
    FP done for myself and Spouse: 09/06
    Name check initiated on 08/09/2007 and is pending
    AP: Approved 10/11/2007 received by attorney: 10/27/2007
    GC: Waiting





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  • the_jaguar
    03-25 10:49 PM
    gap between your company A exit date and the date they withdrew your I140?
    As per law,, they should not do it for 6 months old approved I140 ?

    As I posted earlier, I had left Company A before the I-140 approval, so I don't really know how long they waited before withdrawing the approved I-140.

    Are you sure that there is a law regarding the 6 month period? AFAIK, this only applies when you have filed you I-1485. If it's prior to that, AC-21 doesn't apply...



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  • gcdreamer05
    04-17 01:17 PM
    Yes, absolutely.

    Hi Attorney Aruben,

    Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

    This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

    If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

    We really appreciate your time and effort for replying to our questions on this forum.

    Thanks.





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  • GotGC??
    01-13 12:04 AM
    You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

    I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

    I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

    Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"

    Probably,all this criterias already matching to your case, right ?

    If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

    You're just a selfish guy to cover your asz, right?
    Are you planning to get some benefit from your brother's delayed cases?

    It's time to comply, time to be unite.
    Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

    Thanks for your understanding...
    Zbd





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  • diptam
    08-04 12:02 AM
    We July2nd filers called them this morning and they couldn't find us in DB by FN,LN, DOB...

    And in the evening they are saying we are in DB but receipts are yet to be generated ???

    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.





    santb1975
    09-30 09:59 PM
    I got back after my weekend. I will look at the Yahoo groups





    willigetgc?
    05-04 10:15 AM
    Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?

    You can find the answer here:

    Right.

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward



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