Friday, June 24, 2011

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  • chanduv23
    10-09 04:58 PM
    ^^^^^^^^^^^^^^^^^^^





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  • Michael chertoff
    12-30 08:49 PM
    I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !

    How old are you my dear friend?

    MC





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  • gcseeker2002
    12-06 12:02 PM
    I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ?
    ^^^^^^^^^^^^^^^^^ bump ^^^^^^^^^^^^^^^^^





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  • JunRN
    08-23 05:51 PM
    The back-ground checks are sub-sets of "pre-approval process". I don't know if the word "pre-approval process" is official terminology used by USCIS. What I am usually reading is "adjudication process".



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  • nk2006
    03-04 03:10 PM
    ..........
    You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.

    My lawyer never advised me to carry any such documents.
    .

    As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.





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  • sertasheep
    06-24 03:21 PM
    desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html


    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research



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  • tempworker_tn_1
    04-03 10:56 AM
    I am surprised some friends thought Ed should mention our agenda in an article which is talking about how to keep & increase the vote of the GOP.

    Even if every member of IV is given a green card this afternoon, none would be able to vote in 5 years, unless you are in the military. We have less connection to the citizens in the United States than the undocumented workers. Latino citizens vote for more Latinos, but some Chinese citizens may think there are too many Chinese in the United States already!

    In one word, none of us can vote in 5 years. Neither can we persuade the citizens we know.

    Then, why ED should mention high-skilled worker in an article for VOTE anyway?





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  • sh2005
    11-08 09:47 AM
    hey friends,
    I saw that Logiclife mentioned that the head will be from michigan. I am from michigan and a lot of my buddies also visit this site regularly. Let us know if we can make a difference. Please let us know what can we do to help our cause here. I am ready to drive, meet, talk to any one I can to push things here. I dont know how much of an impact that would be, but even a little can help.
    thanks
    Please pm me with any suggestions or ideas.


    Same here.... In fact, Rep Conyers is a graduate of my alma mater... at this point, any nonconventional means to get the lawmakers attention :)



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  • kanta80
    04-25 11:07 PM
    I would like to thank Mr. Aman Kapoor and all those who have put so much effort on this issue.

    Thanks.





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  • cse_us
    08-28 06:23 PM
    My current EAD expires this Friday. I e-filed on May 5th. Infopass after 90 days did not help. They approved my expedite request on 19th and said I should hear something in 14 days which is another 5-6 days.

    I did contact my Senator (Cornyn) who actually offers to help with time-sensitive problems with federal agencies. This was about 2 weeks ago, even before I submitted my expedite request. I'm going to give them a call tomorrow to see if they have heard anything.

    Despite all my attempts, nothing happened at NSC. The last resort, Local Congressman helped. The staff did an excellent job, resolved the issue in a matter of hours. Not only my EAD was approved right away, they also arranged a Letter indicating that my case was approved, so that I can present it to my HR.

    Before I called the congressman's office, I did have very little or no hope, as I went thru many things. This is a very happy ending.

    Thanks, and if anyone in the same boat, pls try all your options.

    Good Luck



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  • soma18
    11-13 10:11 PM
    I am on H4 for past 2yrs. My H1 is valid since Oct07. I want to travel to India in Dec this yr. I have few questions:

    1. I haven't started to work. So, what is my status as of now, after my H1 being aproved and valid since Oct1 2007?

    2. My H4 is valid till Mar 2008. If I want to travel to India in Nov end and come back in Dec, do I need stamping on my H1 from the consulate.
    If YES then:
    Do I need to show any pay-stubs?
    I NO then:
    a. At the port of entry what status is I am supposed to declare?

    b. If I enter as an H4 then does that invalidate my H1 visa?

    Plz help!!





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  • sanju
    07-14 06:20 PM
    We should this opportunity to get the USINPAC to join our fight for timely immigration benefits. Now that IV is an established voice for the immigrant community, hopefull USINPAC will be ready accept IV and join the us.

    GIDOC, Again, don't do this mistake. Talk to people who know this org before suggesting anything like this. usinpac guys had all the time in the world to work on this issue. But all that are bust doing is - doing photo-ops with lawmakers. HELLOOOOO!!!! Paid employees out there – are you listening???? :mad:

    If you want IV to really do something, please don't even think of..... it will be just a huge mistake....:mad:

    IV core,

    Please do not even think of even trying this idea. These guys are going to corrupt this org as well. PLEASE PLEASE talk to other people to find about the reality of these con-artist.



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  • popoye
    07-08 12:01 PM
    I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?

    1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
    2. What options do i have now to retain my GC process





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  • qplearn
    10-10 03:47 PM
    it might seem like eb2 has moved.. and it has from last month...but this is where we were at in april 2006 (may2006 bulletin -1st jan 2003) before the dates stagnated for a cupl of months, became unavailable and finally moved backwards in october.

    so basically no movement for 7 months.

    This is true but I was fearing worse. It could have remained at Jun 01.



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  • regacct
    05-06 08:57 AM
    This is awesome! Very well put pappu...
    I couldn't attend the 2007 event, but this time around I will definitely be there. Signed up through the form.

    Loved the youtube videos!





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  • DSLStart
    09-07 07:37 PM
    Rao, where u been so long dude? Just in time before release of Oct bulletin. Please enlighten us with your prediction for EB2-I....Hi,


    Are there upadates on the info file that we have filed to know the approved lobors in each category by year(month) wise. Can you please update us.



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  • funny
    09-22 03:11 PM
    Poll Added Folks....Lets burn those line..even if you have to go use those Milky Rollover minutes ( They are perfectly fine to user here...you don't have to throw them away )





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  • axp817
    09-22 10:12 PM
    Thank you Chanduv23, for the prompt reply.

    Oh, I trust the attorneys to file it correctly, I was just wondering if there was any way of finding out if it was received and processed correctly. With the H1B, 140, 485, etc. you get a receipt notice, but I wasn't sure if that was the case with the G28, probably not.

    The thought of the remote possibility of any correspondence from the USCIS going to the old attorney (for whatever reason), and not making it to me/new attorney in time to respond to it, is a little unnerving.

    Well, anyway, no point losing sleep over these things, although it is easier said than done.

    Again, thank you for sharing your experience here, it is VERY helpful.





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  • gbof
    08-24 10:51 AM
    voted..





    chi_shark
    10-02 12:01 PM
    i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

    I want to become a believer in your 3.a. statement... please let me know what you think.

    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?





    ASR
    05-21 04:32 PM
    I have copied below the May 15th processing dates. Sorry, it is too cluttered.

    Service Center Processing Dates for Texas Service Center Posted May 15, 2008


    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement January 16, 2008
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 February 15, 2008
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad December 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. December 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. December 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers April 15, 2008
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers April 15, 2008
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees December 26, 2007
    I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors December 26, 2007
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers March 16, 2008
    I-129 Petition for A Nonimmigrant Worker Blanket L December 26, 2007
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability December 26, 2007
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers December 26, 2007
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process December 26, 2007
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation December 26, 2007
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional December 26, 2007
    I-131 Application for Travel Document All other applicants for advance parole February 15, 2008
    I-140 Immigrant Petition for Alien Worker Extraordinary ability August 26, 2007
    I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher August 26, 2007
    I-140 Immigrant Petition for Alien Worker Multinational executive or manager August 26, 2007
    I-140 Immigrant Petition for Alien Worker Schedule A Nurses August 26, 2007
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability August 26, 2007
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 26, 2007
    I-140 Immigrant Petition for Alien Worker Skilled worker or professional August 26, 2007
    I-140 Immigrant Petition for Alien Worker Unskilled worker August 26, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants December 07, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications June 21, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago June 28, 2007
    I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States October 16, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications June 13, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution March 06, 2007
    I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee April 06, 2007
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents July 03, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] February 15, 2008
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] March 10, 2008
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] February 15, 2008
    I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] February 15, 2008
    I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] February 15, 2008
    I-765 Application for Employment Authorization All other applications for employment authorization February 15, 2008
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program November 07, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition November 17, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) July 05, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 May 31, 2007



    coud you also paste NSC dates?



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