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  • Administrator2
    03-23 03:03 PM
    We have a media opportunity with Washington Post. We are looking for someone who was offered a job at a company that accepted TARP funding, and later the company had to rescind the job offer due to the restrictionist amendment by Sen. Sanders (/Grassley).

    If you or someone you know fits this profile, please contact us immediately at info@immigrationvoice.org

    The turn around time for this story is 24 hours.

    Thanks,


    P.S.: Please help us to keep this thread at the top for next 24 hours.





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  • number30
    10-31 12:09 AM
    Can Some one on EAD claim Earned Income credit?





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  • krishmunn
    04-08 11:42 AM
    Hi

    I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.

    Please let me know thanks

    No. There was no VISA denial.





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  • chi_shark
    05-18 01:14 PM
    Friends,

    I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.

    For my self
    1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary

    2. Current address proof

    For my Spouse
    1. Missing G325-A need to submit one (but I did send them initially)
    2. Evidence that you maintained non immigrant status

    Please let me know if there is any attorney who is good and affordable

    Thanks in advance
    Shana

    did you receive one rfe for both cases or one each for each case?



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  • krishna.ahd
    06-18 06:47 PM
    Gurus,

    Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.

    Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized

    What are pros and cons..

    Please help..
    As per my understanding , as long as you file for renew your EAD before the expiry you are in status , so why do you want to go back to H1??





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  • thomachan72
    05-19 02:12 PM
    Most of us might not be working for contractors / body shoppers like this but it is definitely for our own good to investigate these incidents in detail. We have to somehow find out the grounds on which these individuals were deported.
    If these are the result of FEAR or "imagining" that their entry will result in US job losses then it is "utter ludicrous and idiotic". In fact the opposite is true. The pseudorecovery that we are seeing now is not genuine. The basic thing that has to happen is reduction of wages and increased availability of qualified people here.
    Again we have a saying in "malu", "There is no point in chanting vedas into the ear of a buffalo that is taken to be slaughtered". If only they realize that admitting more qualified people will stabilize the wages and prevent offshoring.
    I am upset not at these deportation but at the "idiotic" thought behind them; "keep them out and we can have more jobs and better pay"



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  • sweet_jungle
    01-10 04:39 AM
    I am interested in exploring the AC-21 option.
    My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.

    Any recommendation for AC-21 attorneys?

    Can an attorney force me to file AC-21 even if i dont want to?





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  • cbpds
    06-18 02:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
    u never went to india since 5 years, your crazy :)



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  • nshantha
    08-14 03:42 PM
    I am also 7:55 NSC R williams too... no receipt yet





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  • pcs
    01-02 07:44 PM
    I have completed 6 years on H1-B & my labor certification has been filed 4 times in the past & each time I got stuck in the backlog or lost the job.

    I finally have approved I-140 but I can not file 485 since Oct 2005.


    Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.


    My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.


    My questions are...

    1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??


    2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?


    3. Will two 485 filing create any complications in either application



    Regards & thanks for your help



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  • godbless
    11-02 01:55 PM
    Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

    Can you request your brother to sign up on IV after his work at his facility? Every member counts!

    Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.





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  • SreeRaj1
    07-11 02:47 PM
    Hi,

    Based on August Visa Bulletin, PD is reached but my I-140 is not approved. Plese let me know what would happen in my case?

    Case details:
    EB2 India, PD: Jan'2006 , I-140 filed in Jan'2008

    Thanks,



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  • gg_ny
    09-10 10:21 AM
    My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.

    There are a few key lessons:
    1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
    2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.

    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.





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  • diptam
    06-24 06:17 PM
    I mean from AUG 1st the CURRENT status may vanish... who knows ?

    NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....

    may be this will help you

    485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.

    485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.

    How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?



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  • kbsyed61
    03-17 12:59 PM
    This is what my attorney replied to a similar question.
    ------------------------------------------
    From: Attorney

    Your wife could get the shots now and hold on to the evidence and then we will submit it when we get the RFE. She could wait for the RFE but then if she has become pregnant again...... so best to get the evidence now and we can just hold on to it.

    -----------------------------------------

    Hope this helps.





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  • redcard
    11-28 09:39 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?

    What will happen to the �Rest of the World� category? When do you think they can expect results?

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?


    What Next ?? Simple...

    Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)



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  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.





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  • pd_recapturing
    10-15 12:00 PM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
    Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.





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  • vdlrao
    06-11 07:36 AM
    what I have heard seems to be right. But partially though.





    sareesh
    03-31 09:54 AM
    I just called Halifax and they told me that I am not eligible for Visa in Halifax,
    eventhough I had H1B visa stamp on old passport from first company (expired over an year). They consider my appoint as new H1B and I cannot attend Halifax or Quebec City.

    I will cancel my appoint.

    Thanks,
    SG.





    kanakabyraju
    07-21 04:08 PM
    I did receive the RFE today and what I have guessed in correct. USCIS is asking to submit the remaining medical work. My lawyer gave me 2 options. Once is to bring my wife here and complete the tests and second is to request to postpone the dates. He said that I can not garuntee 100% chances that your application would be considered if the dates become current. I am going to bring my wife for a week time since I have only 25 days left to respond.

    As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?

    My attorny also received the mail but not sure about the yellow paper at this point of time since they have to get the documents from other location. Any light in this regard is much appreciated.

    thanks
    Kanaka



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