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  • rockstart
    08-12 01:35 PM
    There is a memo released by USCIS dated in 2008 that covers all these scenarios about 245(k). They have defined the condtions that can be defined as unlawful status, Unlawful presence and violation of status. So you need to look at what category you fall under. Also the only way to wipe out your previous violation is to Re-Enter on a valid VISA. Not AP not any other method but on a valid VISA.

    Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details





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  • lord_labaku
    12-03 03:12 PM
    sorry to disappoint you... i dont have quixtar or amway and none you guys can be potential customers unless you are business people who need marketing help in the specific industry that i am in... so - no - i am not going to throw you a sales pitch if you respond with your wisdom...

    Hopefully your attitude is a little better towards actual potential customers, who are business people, who need marketing help in the specific industry that you are in.





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  • glores1970
    09-20 01:10 PM
    Hello,
    We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

    The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

    I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

    Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

    Thanks for your help.





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  • purplehazea
    05-31 06:14 PM
    I'm not trying to give you cause for concern, so please don't take my posting out of context.

    Good luck and future success!!

    Of course you are!



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  • smisachu
    05-16 10:23 AM
    Please call the reps..Lets get these things through. We finally have critical mass.





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  • gdilla
    02-28 11:59 AM
    I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.

    I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.



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  • go_guy123
    12-06 09:15 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

    Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.


    Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.





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  • roseball
    10-26 04:01 PM
    DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
    I don't know what you mean by starting the GC process, you mean file I485?

    As far as I know, your only options to get GC are:

    -- DREAM ACT (which is not something you can control)
    -- Marry a US Citizen (which obviously is something you can consider)

    In the meantime, whatever you do, do not go out of the country.



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  • veni001
    06-17 03:45 PM
    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.



    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...





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  • pappu
    12-19 02:07 PM
    I thought that we should call one senator or(and) congressman every day.
    I guess IV core doesnt want to do it for some reason.
    We will use our community energies when it is needed and matters the most in the coming months. Pls. help us with other action items.



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  • Red Bow Hello Kitty Tattoo



  • dvb123
    03-02 09:25 AM
    Bump





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  • mittal_a
    06-26 10:09 AM
    I think it should be ACT 21 which I have filed it like a month back.

    Thanks a lot for quick replies



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  • boreal
    08-24 07:30 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.

    Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!





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  • getgreensoon1
    03-15 11:30 AM
    Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?

    Now that we are feeling the pinch, we want to close this door for the other folks?

    Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??

    Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.

    You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.

    Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.



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  • Hello Kitty Tattoo by Maxi



  • iv4yarli
    12-18 12:31 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...





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  • mambarg
    07-26 12:17 PM
    I dont think this ammendment will delay 485 as by the time they take a look at what ammendment is sent, your 485 might be approved :)
    :)



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  • dummgelauft
    11-19 11:35 AM
    Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
    BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.

    Why are these companies so scared if they are following the law?
    The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.

    I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.

    So, cry me a river...go ahead..





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  • AUNTYMARGARET
    04-16 04:13 PM
    1. Sell all my stuff.
    2. Transfer all my liquid money to home country.
    2. Rent a one way van in New York.
    3. Drive cross country with family and have fun. Meet all my friends on the way.
    4. Return the van in San Francisco, take one way ticket to India.
    5. Start a fresh life in India, free of immigration woes.
    6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

    If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]

    I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!





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  • abhijitp
    11-21 02:26 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    Sorry to hear this! Hopefully he will have no problems given the job market conditions (and the EAD, of course)!





    dvb123
    02-28 05:52 PM
    Bump





    brandon
    July 18th, 2004, 04:16 PM
    Wow! Great response for a small web forum. Thanks so much for comments and especially the adjustments.

    I can see right away that I will be learning a lot of PhotoShop here. That's great! I can obviously learn a great deal about photography from the DSLR forums, but the Members Critique and the Galleries is what I registered for.

    I got my cameras to take pictures of friends and family and to use at work. Most of the pictures I take look like a family driver's license photo album. The picture is bad and the subject is worse. I want to learn to capture the unique events because that is where the beauty is.

    First I want to learn to take more pictures. I never seem to have the urge, opportunity and camera all in the same place at the same time. Is it as simple as always having my camera at the ready? How do you get people to accept your taking a picture of them without disturbing the event?

    I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?

    Then I would like to learn to take pictures of the things that I see and think are interesting. Since I live in Houston that means cityscapes, nature and weather, and interesting people. I especially like people engaged in ordinary activity but with profound contrast of background or setting. Given a limitation of what can be carried on a bicycle or foot (and a reasonable budget,) what kind of camera and accessories would a professional photographer use to take these kinds of pictures?


    One more picture...:D
    http://www.dphoto.us/forumphotos/data/783/1003Gandview9-med.JPG

    Thanks again,
    Brandon



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