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  • at0474
    03-21 11:37 AM
    I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.

    Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.

    Hope this helps others.





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  • krithi
    08-19 04:22 PM
    There are no bills being discussed. House as well as senate are on recess and will convine after Sept 10th. After it reconvenes, between 10th sept and Oct 8th - it has a lot of tasks at hand, and no apetite for any big and controversial issues like immigration. Mid term elections are in early nov and nobody wants controversial bills debated just before that. Morover it has been made clear that GOP does not want any immigration bills except "fencing the border". Democrats do not have required votes for cloture.

    So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.

    August/Labor Day Recess
    House - August 9 � September 12
    Senate August 9 � September 10


    Target Adjournment:
    House - October 8
    Senate - TBD



    So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.

    no please donot do that there shouldnt be any recapture





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  • shimul99
    08-22 10:58 PM
    I'm from Bangladesh and applied for my I485 in july 2, 2007 and already received my receipt and the fingerprint appointment letter. can anyone please let me know when can i expect my process to be done.....





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  • dreamgc_real
    10-01 09:56 AM
    Does anyone know how long its taking to get PIO/OCI cards in Houston?



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  • desi3933
    06-18 03:21 PM
    I have applied for my H1b extension back in April......Have not heard anything yet........once I get my H1b approval, can I apply for H4 extension from inside the country?? (Is that even required if you are already in AOS pending status?)

    No, it not required but maintaining H1/H4 status allows person to remain in USA and apply for appeal if, for some reason, I-485 is denied. Otherwise, person is out of status from the date I-485 was denied.


    See above in Blue.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002





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  • terriblething
    06-12 03:39 PM
    My wife did not say the real reason for embarassment, and also she did not think that serious that time. For me, I did not know the real reason until I was bailed out by my wife :(

    DA knows that for them to win the case, they need your wife's statement on their side. And for you to win the case your wife will have to testify under oath. The attorneys are prepared on both sides to argue this case and examine and cross examine the case. Make sure you have a really really good attorney.

    I hope you are telling the truth. If not why she didnt tell the police or you didnt tell police the real reason. Now the onus is on your wife to contact the police and DA and let them know the truth.



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  • manojp4
    07-19 05:28 PM
    Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:

    This is what I am hoping IV could work on too.

    http://immigrationvoice.org/forum/showthread.php?t=10695





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  • pappu
    10-16 08:07 AM
    H1b humane-hear my story..it cannot be as inhuman as it can be..(i have written the story in one of the forums before also..)

    My PD-Oct 2001..Eb3..My wife RIR-almost making it thru I140when all hell broke loose in our lives...my wife was pregnant and because of stupid gynaecologist..she ended up in hospital with complicated premature preganancy..guess what..as if it was not bad enough..her company got acquired just when she was admitted in hospital...imagine wondering about health insurance when she was kept to bed rest with no mobility allowed..we filed for insurance by mistake..which said that 20% in patient.....we were so shaken that even human resource did not advise us..guess what..baby was born..and it was surmised that baby will have long stay in hosiptal...2-3 months(eventually it was 4 months!)..somwhere around the first month..I realized that her insurance..will rip me off..I called right at the end of the first month..and tried several times to put my wife and baby on my insurance so that i don't end up paying 20%..it was lot of efforts until I found some desi in Blue cross insurance who put the whole family from the first initial month..when normally people get the policy for the following month at that time.

    one down --and then another came..my wife was called to her office from hospital saying that..since there was lot of work in her office..she could come for some days..guess what..she went back..thinking..she could finish work and then take extended leave....guess what..she was laid off..and with baby in hospital..and lay off..plus a rush to change her status to H4 visa..imagine the workload.....finally got her status changed..to h4 visa..with GC and labor in trash...

    I was so disgusted..that I started writing to Governor Shwarzenegger' office..who put me with Senator Diane Fienstein..and of course labor secretory Chao..after all the correspondings..all I got was my D number listed from Dallas..their sympathies...ALL I WROTE to them..Hey I want to change jobs because in those days I was commuting between LA to San Diego..where my baby was hospitalized...I wanted to be with my baby..and not work..but it was not possible..if I did..then I could get out of status...I even wrote to Department of Homeland security...and got no reply...they don't care..I ahve to be illegal to get sympathies..I guess!

    Situation was bad..finally baby was out of hospital and I weathered all with help of Almighty...and now I am so disgusted with system..that I am moving to vancouver...

    But I have another pleasant surprise..my boss wants me to work from vancouver and visit office once in a month...I don't know...whether it is possible...stay in vancouver and visit LA for 2 weeks and then go back and still maintain H1 status..

    what do you say..after all the stress!

    DB


    Sorry to hear your situation. There is you and several other members who I have had a chance to speak to, are going through a tough time in life (both on personal and professional fronts) due to not having a greencard. Such experiences are my motivation to work as a volunteer and core member for IV and do something to solve problems faced by several thousands of people like me. IV is currently the only organization in USA working for the cause of legal high skilled immigrants. This IV forum has brought all of us together on one platform where we can share our views and pain. Members have come up with ideas and helped this community in any way they could. Some members decided to join this effort as core members and pledged more time and effort in order to bring relief to all of us. It is not an easy job. There is nobody else to work on the issues we face. You have yourself seen how the govt. and lawmakers responded to you and still did not do anything when you tried yourself as an individual. When we try to raise such issues collectively as IV, lawmakers do hear us. With greater membership numbers and resources we can certainly do much more to influence them and get the laws changed. Members pls. help us increase our membership and funding so that we can all collectively bring about a change and provide relief to everyone in our community. desibechara, If you have decided to move to Canada, good luck to you and your family. Do keep in touch with this forum. Hope we all members of IV can collectively work soon enough to get something done for ourselves to end our miseries.



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  • gc101
    08-03 05:46 PM
    I am one of those guys who are UNHAPPY about the freak mistake by USCIS to make everybody CURRENT. If this had happened two months later, I would have been fine (and somebody else would have been waiting to get married soon).

    You wouldn't believe how happy I was that USCIS backed off their mistake and I thought I still had some time to get married. I know this is a little selfish, but, I wasn't gaining anything when USCIS made everybody CURRENT.

    I-485 filed today anyway.





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  • desi3933
    06-25 10:24 AM
    Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8

    >> Must an H-1B alien be working at all times?
    No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.

    Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com



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  • CADude
    05-28 01:26 PM
    I oppose the Senate immigration deal in current form.

    Immigration Reform unfair to the legal high-skilled. Legal First

    We are always told, �Break the law, and you will be in trouble�. But, the recent �Immigration Reform Grand bargain� proposes to send a message that is precisely the opposite.

    We are being told that no undocumented immigrant will get ahead of those in backlog. While the backlog of Family-based petitions has been highly publicized, the petitions of individuals (engineers, scientists, doctors and other professionals) are being left in legal and bureaucratic limbo. About half-a-million highly qualified professionals and their families have put their faith in the legal immigration system and due process of the United States, while working to enhance the US economy. These people have pending petitions either with the Department of Labor, or with the CIS, the final adjudication of which will enable them to work with a US employer, with consequent ripple effect on the US economy.

    In the old system, employment-based petitions were limited to 140,000 per year, but the proposed system, �in order to reduce backlog�, reduces them to 90,000 per year only! On the contrary, Family-based cases used to be limited to similar numbers, but now have been increased to 567,000 per year! In addition, close to100,000 of these applicants with pending petitions are being asked to start from scratch in the new system. In effect, it is similar to changing the �rules� or rather, the �Laws� after the fact! Innocent high-skilled prospective immigrants are being penalized due to bureaucratic delay in the DOL.

    Highly skilled doctors, scientists, engineers, and computer professionals have been stuck in backlogs since the last 3-4 years. They had hoped to get relief from the �Immigration Reform�, but have been let down badly. They are being forced to renew their H-1Bs yearly now, while the old system allowed 3-yr incremental renewals while their Green Card petition was pending. Seems like a fitting reward for following the Laws, isn�t it?

    Per washintonpost report, USCIS on purpose delays the process and keep backlog to earn the extension and renewal fee as 20% of their budget. THIS IS CALLED SCAM.

    Your attention and help requested on the matter.





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  • kondur_007
    08-10 09:12 PM
    EB1 Current all across
    EB2 India and China Dec 2006
    EB3 Unavailable

    Just a prediction:D



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  • xyzgc
    01-22 09:07 PM
    Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
    http://www.immigration-information.com/forums/showthread.php?t=7065

    He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..


    That looks very positive. Hope all EB3-I from 2001 to 2003 (even 2004) get their approvals this year. My best wishes are with them.
    There is a limit to everyone's suffering.





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  • ganesha
    02-15 12:32 PM
    Can you please name those companies for the benefit of everyone...


    Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.

    I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!



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  • coopheal
    10-07 12:21 AM
    I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!

    What should be our next steps? How do we go to public media with big bang?





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  • anai
    03-28 09:08 AM
    Ladies & Gentlemen
    I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.

    But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.

    Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.

    There are many others issues we can lobby for such as

    1) Starting H1B stamping inside the US again( Which was stopped in 2005)
    2) Allow H1B spouses to work. etc etc


    But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.

    thanks
    babu.

    Mindblowing. Do people really believe the Oct 2007 deadline? Haven't we seen many deadlines come and go? This is extrememly unfair to those stuck at BEC; don't go around spreading this impression that the BEC issue has been resolved.

    If indeed the majority at IV believe that BEC is not a problem, then it would not be a stated goal of IV. Let me repeat, so long as it is listed as a goal, it is the moral responsibility of all of to support and work towards resolving the issue.

    This is important. Don't just pretend to support IV and play down what matters to others. Your must support all the goals we have at IV and not pick and choose what you like.

    Also please don't repeat the false logic of "labor certs will be taken care of by PERM." If that is the case why would we at IV have BEC resolution as a goal? The least you can do it not try to dilute the seriousness of the BEC issue, even if you don't care much about the problem.



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  • sorcerer666
    04-19 01:08 PM
    What can Obama do when most of the Republicans are dead against the immigration reform. They didn't allow their own party president to pass the CIR. Do you think they will allow Obama to do it?

    He won't be able to pass any new laws anymore, they can't even agree on a budget. Forget any other controversial topic. BUT , when he ran for the office, he had promised to fix "the broken immigration system" within the first year of his office. He hasn't kept many of his major promises and is highly doubtful to get re-elected if the Republicans have a strong candidate(disclaimer: Trump isn't a strong candidate)
    We're bound to be in this rut for a very long time if we want to stay here!





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  • hopefull
    05-24 01:46 PM
    The only way they will learn is like when Europe imposed heavy taxes on Orange Juice imported from Florida.


    THese guys want us out and they want to make money in China & India by selling their products and killing the local domestic industries. SO MUCH FOR GLOBALISATION. ITS HYPOCRITICAL ..

    I M SURE CHINA WONT OPEN ITS ECONOMY FOR US GOODS which is GOOD ..IF ONLY THERE WER EHONEST INDIAN POLITICANS AND THEY WOULD TAKE THE SAME RECOURSE. EVERYTHING WILL TURN OUT ALL RIGHT ..WHom will they sell to here in a saturated market and people already filling Chapter 11 and living on social security?????

    CAN WE GET SURDY SURD MANU SINGH TO DO IT ??? hhmmthe ITALIAN SONIA WONT LET IT HAPPEN ..





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  • Ramba
    09-05 02:46 PM
    I hope you are wrong about this. I do not see anything on the Approved AP that it should has been used for "humanitarian" purpose. It just mentions that the intention of AP is to allow the AOS applicant to return after temporary travel outside US. Correct me if I'm wrong.

    You are absolutly incorrect. Unfortunatly most lawyer or their web sites do not explain the limitation of "parole". Because most of the CBP at POE are flexible; that does not mean that the law is flexible. This is what the instruction for AP in the form.

    "Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance."

    Read more about AP at

    http://www.uscis.gov/files/form/I-131instr.pdf





    gc_kaavaali
    05-21 01:03 PM
    I don't know about that...is it true that i can get interim EAD after 90 days???

    cant you get an interim EAD after 90 days...





    chaukas
    08-27 03:48 PM
    I kind of remember last time when I had applied online for AP , I had to go to the USCIS office for FP, so most likely your FP was for AP not for 485.



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