Tuesday, June 21, 2011

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  • srikondoji
    05-24 05:39 PM
    Illegals beyond Jan 2007 will be deported anyways. So becoming illegal is not an option anymore.

    H4s should become illegal as soon as this bill passes..I agree...





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  • gcformeornot
    08-15 09:42 AM
    IO looks suspiciously at Interview. May ask uncomfortable questions.





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  • paskal
    04-09 05:33 PM
    i'll break my word for one last piece of advice for my sensistive friend:

    "The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve."

    no lawmaker is bothering to read this silly thread. Please stop dreaming. if you want to influence, go meet them! that remain's iv's official word on the matter too...see the meet the lawmaker campaign. and if you already have...you have my respect, you are too good in that case to waste your time complaining about this stuff.





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  • dreamgc_real
    07-06 09:38 AM
    What is the benefit of applying for an OCI card for the kids and how long does this process take?



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  • diptam
    01-15 04:07 PM
    Welcome back LogicLife - Didn't see your sharp & to the point posts in for a long time in 2008 !! Though i've withdrawn myself also mostly the 3rd and 4th quarter of 08.

    If my observations are correct - to update you - IV is no longer just immigration forum - here i see discussions from "Israel-Gaza conflict" to "stolen cats"... How does that feel ?

    Hi,

    DISCLAIMER: I am not a lawyer and none of the below is legal advice. This is just to give you can idea. You should consult with lawyer or your state's authorities for laws pertaining to your state regarding gun ownership and license.

    .........................


    1. Choose carefully, as guns are expensive.
    2. Buy a safe first, where you can keep guns safely away from children.
    3. Take classes, or learn from a friend at a shooting gallery. Even basic usage of gun is risky if you dont know what you are doing.
    4. Keep your permit up to date, renew when neccesary. If you move to another state, you have to re-register your guns in that state. Check procedures for moving with your state authorities, as I think its illegal to just move with guns from one state to another.





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  • Rayyan
    01-06 07:07 AM
    Guys, Count me in for $100. Will contribute more if needed. I will mail the check during the weekend. Sorry guys for the delay....
    Thanks



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  • freedom_fighter
    07-02 01:37 PM
    New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)





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  • bluekayal
    10-10 05:05 PM
    Wonder what I should do. After November no more Sch A numbers left, so what does that mean for people who've been able to file 485?
    Filed I-140/485 with RD August 7th Sch A, EB 2. No movement on the I-140. Any suggestions? Should I seek premium processing?

    thanks



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  • ASR
    05-21 04:32 PM
    I have copied below the May 15th processing dates. Sorry, it is too cluttered.

    Service Center Processing Dates for Texas Service Center Posted May 15, 2008


    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement January 16, 2008
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 February 15, 2008
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad December 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. December 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. December 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers April 15, 2008
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers April 15, 2008
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees December 26, 2007
    I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors December 26, 2007
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers March 16, 2008
    I-129 Petition for A Nonimmigrant Worker Blanket L December 26, 2007
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability December 26, 2007
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers December 26, 2007
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process December 26, 2007
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation December 26, 2007
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional December 26, 2007
    I-131 Application for Travel Document All other applicants for advance parole February 15, 2008
    I-140 Immigrant Petition for Alien Worker Extraordinary ability August 26, 2007
    I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher August 26, 2007
    I-140 Immigrant Petition for Alien Worker Multinational executive or manager August 26, 2007
    I-140 Immigrant Petition for Alien Worker Schedule A Nurses August 26, 2007
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability August 26, 2007
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 26, 2007
    I-140 Immigrant Petition for Alien Worker Skilled worker or professional August 26, 2007
    I-140 Immigrant Petition for Alien Worker Unskilled worker August 26, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants December 07, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications June 21, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago June 28, 2007
    I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States October 16, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors June 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications June 13, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution March 06, 2007
    I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee April 06, 2007
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents July 03, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] February 15, 2008
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] March 10, 2008
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] February 15, 2008
    I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] February 15, 2008
    I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] February 15, 2008
    I-765 Application for Employment Authorization All other applications for employment authorization February 15, 2008
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program November 07, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition November 17, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) July 05, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 May 31, 2007



    coud you also paste NSC dates?





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  • meridiani.planum
    02-15 11:49 AM
    Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.

    For them, this is their country. All jobs should go to them rather than a foreigner like you.

    What is your response for that ?

    they are not capable of doing those jobs. ANyone who has gone through a labor certification has documented, government verifiable/auditable proof of this.



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  • bestia
    08-15 06:14 PM
    Everyone wants to play it safe until they get greencard and then everyone becomes risk taker after greencard gets approved; because they feel uscis is no longer watching.

    Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?

    I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.

    There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.

    USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?

    Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?





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  • desi3933
    06-25 10:24 AM
    Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8

    >> Must an H-1B alien be working at all times?
    No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.

    Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com



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  • indyanguy
    01-22 12:28 PM
    I don't think any analysis is done. That is only going to divide the community.
    Some would say preference be given to EB category benefiting EB2(I&C).
    Some would say PD should be given preference predominantly benefiting EB3(I).

    If they follow the current spill-over rules, as you are aware, EB category would be given preference.

    Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?





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  • god_bless_you
    04-26 08:53 AM
    good job!!



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  • mrajatish
    05-12 09:38 AM
    You just hit the nail hard on its head -

    1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?

    2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.

    I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.

    But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.

    Let us see which camp wins.





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  • qasleuth
    05-02 02:56 PM
    What is this OBC battle you are talking about?

    It has nothing to do with immigration but a bane of India.



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  • indyanguy
    10-01 07:45 PM
    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?





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  • lfgc
    03-28 08:34 AM
    Wow PCS, your case is great example!!!
    I vote for PCS
    I agree...PCS seems like an excellent candidate for this need.
    Without delaying further...someone from the IV team can take this up IMMED...so that the ground work can be done in preparing for the testimony.

    Appreciate the great work being done by IV!!
    rgds.





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  • for_gc
    06-23 04:10 PM
    And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
    You could also use some cheaper USPS option. as long as it has some delivery confirmation.
    The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
    Ha Ha.

    Hi dilip,

    Where do we get the A# from ?





    vxg
    08-06 12:54 PM
    After nearly 15 months, going by recent postings here , I was tempted to call IO to get any update on my 'pending I-485' . I happened to talk to a nice IO on my first attempt. She took some time to check on status and told me my 'name check is pending'. I told her on previous occasions / Infopass I was all the time told 'everything for me, especially name check is cleared'. She came out with an explanation---- your 2nd FP was cleared on 17 July 09 (Yes, I had 2nd FP on 7/6/09 as Ist FP in Sept 07 'expired' after 15 Mo validity) and that is why new 'name check' is initiated.

    I can not believe this. If this is so, they may have to wait for 180 days even if there is nothing adverse from fbi and the dates become current.

    It is very creepy.....
    Please, share your thoughts if uscis require NC again and again for this never ending GC process ..

    What is the frequency at which FP is done. I filed in Aug 2007 and got FP done in OCT 2007. I have not received any more FP notice. Should i be getting a new FP notice?





    byeusa
    07-11 09:25 AM
    thank you, USINPAC. Scamsters.!



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