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  • kishdam
    03-20 09:56 AM
    The second bill (HR 5634) says that people with PhD from US universities are cap-exempt from EB. So it means some quota will be freed up from EB1 and also from Eb2-NIW.

    Read all the bills. I guess you are bummer !!!!

    I looked into the PDF's - seems like PhD does not have to be from US universities (can be from anywhere within 3 years of applying for greencard).

    Of course it would have helped more if masters is also included but this is at least a start - hopefully more provisions might be added as it goes for debate.





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  • return_to_india
    09-10 06:35 PM
    Friends,

    Are we required to carry GC with us all the time ? :confused:

    My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?

    Yes, the rule is to carry the original. If lost, apply for a new one. So, i preached.
    I never carry it, one day one immigration officer is going to catch me and grill me.





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  • kvsagar22
    02-15 10:57 AM
    I applied my first H1B extension through my company in June 2008. On 11th Feb, I received REF. I am very much tense about it. Since I am out of project. I got cleared my I 140 with this company in July 2008.

    I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
    I am very much tense about my status. Please suggest me what to do?

    Is it better to answer to RFE for first company?
    or
    Can I do PP with second company? or else any better thing?

    Thanks
    Vidya





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  • coopheal
    03-24 05:38 PM
    I have recently moved out of state and started on a different job. I updated my address with USCIS online last week. I just got a email from CRIS for RFE. I have I-140 has been approved since 2004 and applied for I-485 in July 07. My lawyer is from Frogman firm. This was the firm used by my GC sponsor employer. My new position is slight different from Software Developer to Lead System Analyst. I think this should be covered with same or similar clause.

    If you have prior experience please let me what to expect and do any preparation now itself.



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  • stuckinretro
    09-25 09:24 AM
    Ok Thanks,

    Who signed for your packet at NSC on Jul'23rd? Was it Mr Heinauer? Reason I ask is mine was sent on July 20th but didn't receive receipts yet.




    yes, no checks cashed yet, checking my account regularly. the notice date is 21st sep, so I am thinking it might take 3-4 business days for the checks to cash, do you guys think my assumption is right?
    Anybody in the same situation?





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  • kopra
    09-19 03:59 PM
    I Agree...

    belive it or not, I knew that. I mean the part about the US, not the part about India as I don't hail from there.

    The point that I was trying to make but did not state clearly enough was that I feel that when one has a political agenda whether it is pro or anti immigration, children should be kept out of it. Labeling children like anchor babies is dehumanizing. I believe that when kids are involved, as human beings, everyone should always be concerned about their best interest rather than what our political view.

    This is why I hate the term anchor babies. The antis are willing to even dehumanize kids if it fits with their political view.



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  • walking_dude
    02-12 01:30 PM
    We have to wait till April to walk or run in Michigan. Right now, the Artic wave is brutal with subzero temperatures.

    I support this initiative. IV members need to volunteer for social service and other community events. That's our way of contributing back to communities we live in and also good press for IV.





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  • ken
    08-11 02:14 PM
    My case was also transfered to Local office Miami,Fl back in April 2008.

    I opened a thread too here is a link : http://immigrationvoice.org/forum/showthread.php?t=18438

    Even I called USCIS and they told me that they don't have any clue why it is transfered.



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  • nixstor
    01-25 06:30 PM
    3 options

    1) file H1 on Apr 1st and if H4 is not approved by then withdraw pending H4

    2) file H1 on Apr 1st before the current H4 expires and hope that H4 is approved before H1. H1 should be approved after H4 to have the H1 status. If H4 is approved later, H1 status will be lost

    3) Request PP of extension and 99.9% of time 539 is approved along with 129.

    I will add more info as I find.
    HTH





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  • validIV
    03-17 08:53 PM
    That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.

    Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.

    Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html

    Always consult a proper immigration attorney



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  • krishna_brc
    03-02 02:13 PM
    Thank you Krishna. The question really is whether my Labor/I-140 approvals as Indian citizen can be used to continue the GC (to file the I-485) after I change my citizenship. Would you know about that?

    Or, if a new GC process is restarted with a new employer, can the old priority date be re-used in the new GC process after citizenship has changed?

    Thanks.

    1. Ans 1 - Yes, Labor/I-140 approvals as Indian citizen can be used to continue the GC. Like i said USCIS considers Country Of Birth of Foreign Nationals and not their Citizenship

    2. Ans 2- Old PD can be used with new employer as long as 140 is approved and not revoked.
    refer to below links

    1.
    Copy paste this link " .com/greencard/employmentbasedimmigration/i-140-premium-processing.html "
    And " murthy.com/chatlogs/ch121905_P.html "
    Chat User : How do I know whether my previous employer revoked my LC or not? I want to use my previous employer’s priority date if that is not revoked.

    Attorney Murthy : A person is not allowed to use the earlier employer's LC priority date filing with a new LC case filed with a new employer unless the earlier I-140 had been approved with that earlier employer. If the I-140 petition had not been approved, then each time a person changes employers, a person will start with a new PD. The only exception was for 245(i) cases where the petition or application had to be approvable when filed, but that only applies to the ability to file the I-485 and not to carry over that PD for a new case.
    Thanks.[/QUOTE]





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  • Saralayar
    12-17 03:44 PM
    Take a permanent job which is "same or similar" to the one in the underlying LC.
    I do not have a copy of the LC which was filled in PERM. How can I know the job description, so that I can use AC21 with the same job category and description? Any way to get the copy of LC directly from USCIS if the employer don't provide the LC copy?:confused:



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  • javadeveloper
    03-09 02:32 PM
    I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.

    Thanks In advance





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  • dpsg
    04-09 04:59 PM
    I realized we all took thread to direction It was not intended to.. Thats why
    I deleted all my posts into this thread... as I understand we all have responsibility to maintain the integrity/relavence of subject when we post something.. I failed but corrected latter on.



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  • vin13
    03-17 01:02 PM
    Good info about EAD or H1-B. Thanks for posting





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  • WillIBLucky
    12-11 01:26 PM
    Yes its good USCIS have revenue to hire more people to process our applications. Well said.
    It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.

    If your date is not current:
    This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.

    If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.

    So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).



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  • redindian
    08-05 04:47 PM
    This part refers to family benefits, i.e. payments to spouse based on your SS contributions.

    The family benefits are explained on the ss website but there is no clear information about how the worker will get the benefits. On further digging, I found a document which indicates that the worker must be in the US to get the benefits.

    i read that they will send a check to india if u qualify. where did u read otherwise?





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  • santa123
    08-14 07:31 AM
    Good points: Here is what I think:


    - future VBs
    - visa availability in the coming months
    FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:

    http://immigrationvoice.org/forum/showthread.php?t=20863


    - awareness about visa wastage
    DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)

    - dates becoming current for most EB categories
    - light at the end of tunnel for most of us
    I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)

    - USCIS efficiencies
    NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.

    Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all





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  • champu
    02-19 03:35 PM
    This money may be yours if it route back to Indian Govt but guess what? None of the politician wants to do that reason is ..............corruption my dear friend.

    We should use this money for stimulus...





    retropain
    08-31 09:04 AM
    if only we knew about this program in advance, we could've called. :mad:





    hpandey
    09-16 10:58 AM
    I was wondering if your H1 visa was not approved how did you come back on H-4 visa. Didn't your H4 status get invalid when your H1 got approved.

    The approval of your H1 would have invalidated your H-4 visa :confused:



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