Thursday, June 16, 2011

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  • desidude
    06-19 10:49 AM
    Even I e-filed my AP 2 days ago (this is my first time not renewal thou). I wanted to know if I need to send 2 photographs and explanation on separate piece of paper.

    Well, I also did a small mistake on the appl. I misplaced my first name and last name, I don't think this would be a problem thou...

    Can somebody help me with this?

    There is a question on part 7 of AP efiling. I guess, same question is also there in paper form as well. Could somebody please explain as to what to do about this. Here is the question:-

    On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)

    Do we really need to send this ? I do not remember that I did send it last time. Thanks

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  • JunRN
    08-22 06:34 PM
    I am really surprised. Why would it EB3 go back to 2001.
    I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:

    Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....

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  • bfadlia
    04-14 03:45 PM
    I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
    I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster

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  • mariner5555
    11-18 05:58 AM
    Vowww... what a wishful thinking.
    Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.

    Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!

    You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
    it is not wishful thinking ..dumbo is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
    money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only did the extension come ..behind the scenes the business lobby worked secretly.


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  • Libra
    07-10 09:30 AM
    I saw this many times, he call some indian guy for interview on h1b's and out sourcing then he ask questions and then he olny answer to those questions and he never give that person a chance to explain, and he says thank you for being here we got something more imp need to cover that is Paris Hilton got out of jail partying again............b****d

    I think we should go after him. Every time he calls us cheap labor. He opposes employment based green cards as well as H1b. In a sense , he hates Indians.
    He fuels the rumors against our cause. See his video below :-

    Everyone who opposes High Skilled Immigration is his friend. So I don't see any reason to refrain from going after this retarded soul. Expose him, blog against him. Take off his cover and let the world know , what a big communist liar he is.

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  • Sheila Danzig
    04-19 12:48 PM
    It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.

    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?



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  • abhidos37
    08-23 03:46 PM
    Plassey and all,
    I just opened a session in IV asking for experience and knowhow which seems to have turned into a heated congress session.
    Plassey, regarding your thoughts and comments let me tell you something "GC is not the best thing in the world, for which one has to be so depressed and cry in bathroom". If you have talent and belief you can survive in any condition. I am not a preacher nor a saint, but nobody can stand such insolent reply from you. Good luck to you for the rest of day.

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  • guyfromsg
    07-16 11:05 PM
    expecting only to get EAD/AP near term and prepared to wait few years. I have PD of 2005 and don't mind waitin if I get EAD/AP benefits for myself and spouse.


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  • kaisersose
    08-21 09:37 AM
    May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.

    Sure, they can. There was nothing in the law forbidding them from doing that and they abused the system badly which has resulted in a permanent ban on substitution.

    You cannot do anything about them using the Labor for someone else. Perhaps you can do something about them taking money from you to file 485 and failing to do that. If you can prove this with a clear paper trail, then you stand a good chance on this one.

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  • TomPlate
    02-28 11:37 AM
    Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

    Please share your thoughts on this.


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  • drsnh123
    06-19 03:02 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions

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  • for_gc
    04-02 11:31 AM
    Anybody from Memphis, Tennessee wants to join hands in this good fight ?


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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005

    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)


    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.

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  • arun397
    11-30 12:01 PM
    It does not matter who will get credit for this. It would not happen without people taking action - IV members or those who took the USCIS to court (BTW, 90% of those did it without attorneys). Nothing happens if you do not do anything!

    Hi Lazycis,
    We have been hearing this from different sources for while now. When do you think this will come true?Hopefully it happens before the judge dismiss my WOM:)


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  • vamsi_poondla
    10-10 09:30 PM


    IS that what this means? Yes Chandu. I think analysts and investors coined this word :-) If there is going to be price pressure, further rupee strengthening and visa restrictions, these are most probably the ones that will remain in the market. Indian IT service industry is in the verge of major consolidation. Weak players will be gone and only companies which offer wide range of services and maturity will sustain. (per some analysts)

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  • RandyK
    02-20 05:09 PM
    I am trying to figure out the impact of this ruling on the current usage of visa numbers.

    I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.

    Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numbers for the year.

    If I understand correct ROW 1 overflows to ROW 2 and ROW 3 and when ROW 3 current Over flow over to India/China

    Any ideas guys??


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  • mbawa2574
    08-20 04:42 PM
    Go get a good lawyer .File a lawsuit against attorney for breach of contract and ask for minimum 5 to 6 million dollars in damages. see if you can involve the company too. screw their happiness to the largest extent . Expose your employer and file a complaint that he forced you to pay for your labour cert and 140 expenses. DOL will shut him down as they are already investigating these fraud shops.

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  • alterego
    01-13 12:21 PM
    I've sent in slightly modified letters(personalised) from myself and separately from my wife to both the Whitehouse and to IV.

    I found the best way to modify the well written template is to just put a small personal introduction at the top. Who you are, what you do and perhaps that you are waiting patiently for X years.
    If you have renewed your EAD multiple times, it might be worth mentioning that as well.

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  • the
    12-20 10:50 AM
    At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!

    05-29 09:34 PM

    08-22 02:04 PM
    Unless there is a change in immigration laws it will be very true that you cannot apply for 485 in the next 5 years. To make something happen it is very important to attend DC Rally.

    So folks who are reading this, notice the importance of the Rally and your presence at the rally.

    I am really surprised. Why would it EB3 go back to 2001.
    I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:

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