Friday, June 24, 2011

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  • zoooom
    07-17 06:01 PM
    All,

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
    Agreed...Guys lets contribute for a great cause.




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  • perm2gc
    11-15 11:31 PM
    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A
    Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..




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  • fcres
    08-16 10:28 AM
    i called the bank too and they cant read the check neither..i can see a number starting with ent only....where in the checkexactly do we look for the receipt number.
    thanks

    It should be 3 lines under "For Credit to U.S. Treasury" and just below a line of dashes (-------------------) starting with SRC or LIN and then 07xxxxxxxx




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  • shivarajan
    03-17 08:00 PM
    EAD etc. are only supplementing documentation which the underwriting agency may or may not look. The real thingy is ur cashdown, credit score (time of accounts in good standing) & W2's. We went with ING with absolutely no problems whatsoever (yes the market was not good at that time) and got a better interest rate with no questions asked (ead, gc etc.), we both ver in h1's when v applied!



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  • Dakshini R. Sen
    06-24 11:46 PM
    If you decide to go back to school nothing will happen to your wife's I-485 application. She is eligible to an EAD as long as her I-485 is pending.


    Dakshini R. Sen, P.C.
    Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
    212-242-1677
    713-278-1677




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  • ujjwal_p
    06-02 06:12 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

    I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.



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  • prioritydate
    07-14 10:46 AM
    To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai

    not to mention great food...korean bbq anyone


    Why there is no retrogression for this country? Sounds like something fishy going on...

    Only in America. Injustice!!




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  • morchu
    06-01 04:54 PM
    1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
    2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html

    http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
    Greg mentioned that....
    "There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.



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  • HumHongeKamiyab
    03-16 01:12 PM
    Coming back to my original question: does anyone see any problem in this? Assuming my company answers any RFE raised by USCIS. Any thoughts?

    Thanks a lot.

    I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

    Does that affect my GC status in any way?

    Thanks,




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  • krishnam70
    05-04 10:12 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

    Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

    Any suggestions on how to respond to this RFE.

    Thanks

    It happened to me too, though my attorney advised to correct this before filing our 485. I was forced to take a vacation by my employer to go out of country and enter getting us a new I-94. Do u have any inspection documents etc that were given at the POE you might be able to provide that as proof.

    - cheers
    kris



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  • sparky_jones
    10-01 10:26 AM
    I did a lot of research and found very little information on an established process of "firing" one's attorney and moving to self-represent the I485 application. Most resources talk about submitting a new G-28 form from a new attorney. What if I don't want an attorney to represent me anymore? is there a form for that?

    Anyone??




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  • HRPRO
    02-03 01:28 PM
    In addition to the job requirements reading the required experience, the job description has to spell out the required experience and the job description has to justify the required experience.

    Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.

    More importantly ensure you can get the experience letters to back the experience listed in the JD



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  • nefrateedi
    08-29 12:28 PM
    Thank you nefrateedi,

    My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
    Is it not after July 30?...that you could submit to either to Nebraska or Texas?

    Is it ok like this?
    Thank you again.

    USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.

    USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.

    I'm not a lawyer by any means, so please use this advice at your own discretion.

    Good luck!




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  • solaris27
    10-28 11:32 AM
    Untill you have somthing written it will be very diffecult to prove in court.

    Don't waster your money in court cases its very expensives .

    Talk to any good attorny and find one which can work on % bases if you still want to go to court .



    thanks



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  • getrdone
    11-12 05:05 PM
    Can you please tell me, when was this announced? Is this a new rule ?
    I think people converting from F1 to H1 go to mexico.


    yes its new rule..dont know when it came to effect




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  • lc2004
    08-04 11:13 AM
    How about some green dots guys for sharing such a inspirational story...

    sunny..
    how do u give a grren dot to someone??..i like ur story..



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  • anilsal
    08-05 03:24 PM
    Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.




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  • optimystic
    09-10 03:12 PM
    Most of you know about rear view mirror fuzzy dice cubes
    I believe they can be customized too. for eg:
    http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg

    I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.

    I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages

    'Fair'
    'Fast'
    'Forward'
    'Flexible'
    'Fix'
    'Flawless'

    And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.

    Dear USCIS,

    Please accept our token gift. We hope you would adopt the following traits as your motto.

    'Fair'
    - Be Fair
    - Follow the FIFO order of priority dates.
    - You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
    - How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?

    'Fast'
    - Be Fast
    - Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
    - Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
    - Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.

    'Forward'
    - Make forward progress
    - EB3 I PDs haven't moved even few months in past several years
    - EB2 I/C PDs are swinging like a pendulum
    - Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order


    'Flexible'
    - Be flexible
    - Allow us to use AP as a regular travel document
    - Recapture wasted visas
    - Allow to file I-485 irrespective of PD being current
    - Clarify AC 21 scenarios
    - Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??

    ' Fix'
    - Fix the broken processes at USCIS
    - Increase resources at the service centers
    - Improve the customer service over telephone
    - Be courteous to your customers

    'Flawless'
    - Provide flawless service.
    - The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
    - Make online status updates more transparent.
    - Provide more transparency around the processing dates, Visa number assignments, PDs, etc



    We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.


    Sincerely
    Your customers




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  • venky08
    06-22 03:01 PM
    there is no rule that says your spouse must have your last name. it is just your personal preference. (i am talking from the prespective of immigration application)




    koti
    10-29 10:30 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.



    **************

    Thanks for the info. Really helpful.

    Koti




    zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..



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