Wednesday, June 8, 2011

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  • espoir
    07-27 04:10 PM
    They would have to leave US and re-enter on H-4 visa to be on H4

    If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?





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  • nixstor
    07-11 11:09 AM
    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
    :mad:

    Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.

    The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this





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  • viswanadh73
    01-07 11:29 AM
    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.





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  • psaxena
    04-13 06:28 PM
    No South Africa and no Australian cousin's neighbor.

    Once happened to be my friend with the same PD as mine, got his GC just January.
    well he changed the day he got his GC and started ignoring me.. well I don't care as well, they hardly even exists for us...

    But this is right some got their GC out of the way just like that. and this is first hand information. No cousins and no neighbors...




    One of my friends neighbours Aunt who lives in Australia has a cousin in South Africa
    This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.

    I have heard quite a few cases like that,

    like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.

    I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.

    But then ignorance is bliss :D



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  • thomachan72
    09-15 03:59 PM
    CIR will defenitely not help EB applicants. It will introduce a point system which eventually will screw up the whole system. One reason we have limited applicants to EB based GC now is that we have to be sponsored by an employer. Imagine if anybody could apply the sytem will be flooded and also there will be millions of ilegals to accomodate in some way. CIR is better dead than alive.





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  • gc_chahiye
    08-06 04:23 PM
    Interesting analysis.

    I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html

    The OP here has found a pattern that builds on that same prediction, and should extend into 2008. If that pattern holds its 6 month jumps initially, then stagnation later by 2nd quarter. Lets see if it does.

    Of course if 10K people do show up at the DC rally, then none of this might be needed. If enough senators can be convinced that what we are facing is really a big problem and easily fixable (atleast recapture of 200K visas and exemption of dependents if not a bump up in annual limits) then the dates will be C C all through 2008.

    All the east-coasters who saw the effect of the San Jose rally: its your turn now to up the ante and go one step ahead. The results of not showing up for that rally is literally a guarantee that only a tiny percentage of us will get I-485 approvals for the next two years!!! and things might improve even with a new president ONLY if we rally then! think about that!! not doing anything is a guarantee of long long waits...

    San Jose rally allowed everyone to file I-485 the DC rally could help everyone get timely approvals!!



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  • chandra_mb
    07-19 12:46 AM
    Hi nlssubbu,

    Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.





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  • delhiguy79
    10-23 12:58 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.



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  • sriswam
    06-28 08:42 PM
    Is it worth to file premium processing on friday?

    Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?





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  • s.m.srinivas
    04-03 08:30 PM
    Today I received denial notice from USCIS. The reason for denial is that "THE RFE RESPONSE WAS RECEIVED LATELY, HENCE DENIED". The last date for reception of RFE response was on 22nd March 2009 & They claim that they received it on 23rd March 2009. 22nd March was Sunday & more over we have proof from FEDEX deliver report that it was delivered by morning 10:30 AM on 20th March 2009.

    I believe this is error from USCIS. My attorney did call Customer Care and spoke to them & they said to send letter with proof, they will forward it to USCIS & they said there is no guarantee that they will again open the case by themselves.

    We did immediately sent letter with proof of FEDEX delivery report and as well as RESPONSE to RFE & we made sure that it will be delivered by monday April 6th 2009.

    My attorney suggested the following:

    We will wait atleast 2 weeks for to see whether they consider their mistake and open the case or ask us to open MTR with immediate effect
    IF they don't in two weeks, we will appeal for the denial
    Once MTR/appeal is open, we can prove it's their mistake & there is always good chance
    Once the status changes to MTR/appeal, then you can either apply for fresh H1B from other employer on premium process or live to your country it's your choice.


    Now my question to you all is, whatever he is saying is this correct? I am worried about becoming illegal. I don't WANT TO BE HERE ILLEGALLY. I WOULD RATHER GO BACK TO MY COUNTRY THAN BEING HERE ILLEGALLY & FACE PROBLEMS.. PLEASE DO GUIDE ME



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  • sunny
    10-02 02:13 PM
    I am not sure if the I-94 you receive along with your H1 approval means anything.
    Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.





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  • purplehazea
    05-02 02:04 PM
    Dude get a good attorney, I mean even if someone gives you advice here, we are just rookies!



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  • GotFreedom?
    07-30 10:49 PM
    The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.

    lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

    They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.





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  • IN2US
    07-26 05:23 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    That is correct.



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  • anilkumar0902
    04-10 01:33 PM
    I e-Filed my EAD renewal application on 03/16, sent the docs to Nebraska and it was approved on 04/07. I was not asked to get Fingerprinting for the same.

    Good luck.

    Cheers





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  • javaconsultant
    03-28 01:55 PM
    This would be a very welcome change ..........

    Lets go for it.....I was watching yesterday's bill and could not find this
    provision...Correct me if I am wrong....

    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.



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  • gg_ny
    07-31 04:24 PM
    H status is lost if one uses any of the 2 benefits under immigration process - AP and EAD. It is not possible to work on EAD and still be H4 or H1. but if you have H4 valid papers(approval), then you can live here as H4 but when you travel you have a choice between stamping or AP. Once you start using your EAD, you lose your H1/ H4 status immediately (have to file new I9 and specify how you could work) even if you have years left on that visa. I have been so advised by our lawyer and my wife has not even made an appointment in India later this year (she wants to use EAD at somepoint and travel with AP thus gaining parolee / pending AOS tag ) while I am gonna do it (try maintain my H1 if let to do so by the consular).





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  • ingegarcia
    04-17 09:08 AM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    My guess would be to report it with Labor Department instead...





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  • EB3June03
    06-23 10:31 AM
    Thanks for the reply arkanand,

    I talked to multiple doctor's and they said that the reason why the test is NOT done again is that they know it is going to be positive (so why do it). Instead they go to the 2nd step (Chest X Ray).

    They also mentioned that for documentation purpose if you have to get it done, just go for it. So, looks like i will be going for getting the test done 3rd time like arkanand. I too just want to finish this paper work and get done with.

    I tried getting the documentation from a NY Hospital where I was working in 1998. They sent the doctor the Radiology report mentioning the X Ray was clear. I don't see any size indications of the PPD testing. I either have to get back to them to send me the PPD size after testing or forget it and go for a test. So, I think I am going to get the test done. Luckily, I don't have to get the X Rays done as I just got one done in Jan 2009 (and the civil surgeon wanted the copy of those reports).

    Conclusion:- What I learnt from this experience is that try to keep as much paper work of tests that have been done, so that when needed you can show it to the doctor and NOT get un-needed testing done plus is saved us hazzles of time/money/insurance to get these tests done.





    walking_dude
    11-06 10:20 AM
    Members from MI, please join your state chapter.

    Thank You.





    NolaIndian32
    02-13 02:03 PM
    This is one IV you don't want to be left without: IV - Immigration Voice, working for the Employment Based Legal Immigrant Community



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