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Tuesday, June 21, 2011

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  • eagerr2i
    07-01 06:05 PM
    I am working with the Radio Station to get the CD of the recording. I will make it available to the site admin to have it posted on this site as soon as it is available.





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  • meridiani.planum
    04-03 02:13 PM
    can someone explain it again in simpler terms ..does the above mean that if a 485 is pending then that person is not out of status (or unlawful presence) till a decision is made on the pending 485 ?

    if you re-enter the US on an AP, they give you an I-94 with teh same date of expiry as your AP expiry (within 1 year). AILA was wondering if USCIS could come out with a memo clarifying that essentially that I-94 has no meaning, if you are in the US after it expires, you are still within status (because you have a 485 pending, and that gives you status until the decision is made on it)





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  • GCBy3000
    01-04 11:01 AM
    I checked with my company attorney, he says as below:

    140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.

    If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.

    Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.

    I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)

    You may want to check this part before accepting that promotion.

    For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.





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  • corba
    05-08 08:18 PM
    Thanks for your positive reply ...



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  • alterego
    12-03 12:09 AM
    It certainly seems like the RFE rate for supportive evidence has increased recently. Certainly for the 140 cases but also for other petitions as well. I had never received an RFE before, but recently got 2 for different petitions. An RFE always makes you a little antsy no matter how routine it is.
    We are also hearing about PERM audits higher and denials also more frequently.
    So far the RFEs seem to be for the common issues, like ability to pay, education qualifications etc.
    It might be a good idea for someone to compile a list of typical RFEs at various stages. The rest of us can start adding for the benefit of those who get one in the future. In fact it might have been done already. I remember Logiclife putting something together during that 485 filing time in July/Aug.





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  • ivuser
    02-19 01:15 PM
    Based on one of the core member's request, I did the research and shared the information with IV members, so that when you get the GC, you could make informed decision.
    Please be optimistic. You getting GC should not be a question of �if�, it should be a question of �when and how soon�.

    REQUEST ::
    Please support IV and make it happen soon.



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  • McLuvin
    09-10 06:29 PM
    Its not a problem dude...

    You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....

    Dude are you trying to rub salt????

    BR





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  • sixburgh
    08-05 02:40 PM
    I spoke to our immigration lawyer today.
    He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
    He advised that I enter on h1 even if I have the AP.



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  • raju123
    03-27 12:50 PM
    I added this process:

    1. Senate Judiciary mark up and pass bill proposal
    2. Senate majority leader schedule floor discussion. If bill do not have support of more than 60% Senators, Motion of Cloture can not pass and bill may have indefinite discussion and amendments. It is important to have more than 60% member's support otherwise bill have no future. Senate Kennedy is trying to negotiate with both parties to have more than 60 senators in favor of bill.
    3. Senate Pass bill
    4. Step 1 to 3 are separately done at House
    5. If the language of bill passed by House and Senate is not same, it will go to House/Senate conference committee. It is in power jurisdiction of House and Senate leadership to appoint committee members and their schedule. Last year, House leadership didn't appoint committee for CIR.
    6. Conference committee will remove all inconsistency of the bill and approve bill with common language.
    7. Senate and House separately pass/fail conference approved bill with limited discussion and no amendments.
    8. If it pass by both House and Senate, President will sign it or use veto to the bill.

    Long way to go. it really need political will, blessing, and commitment to pass any bill.

    Macaca has posted a thread explaninng the legislative process ..
    Please go through it...

    For a bill to become law...

    1. House has to pass it..
    2. Senate has to pass it..
    They might pass different versions..
    3. They have to resolve their differences through conference process.
    4. The conference report is approved by both houses..
    5. President signs it...
    The sempember timeline looks realistic...

    Please donot post the same question at multiple places...





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  • Gravitation
    10-19 02:04 PM
    Any idea of how many number of I-140s ? May be 50000+. It looks like it might take at least an year to process these I-140s in NSC/TSC. TSC is faster when compared to NSC, where the priority dates has not been moving, at least for EB1/EB3. What do you say ?

    A trivial question: Do they process I-140s based on labor filed date (priority) or I-140 filed date ?

    Hopefully they will reinstate PPS for I-140 after they are done with receipting the July/Aug applications.

    Good luck to everyone.

    kaykay.
    I-140 is processed a per RD (I-140 filing date).



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  • Dhundhun
    08-05 09:14 PM
    Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.

    H1-H1 couple can support status of each other (H1-H4 or H4-H1)
    H1-F1 couple can support each other (H1-H4 or F1-F2)

    But
    GC guy can't support status if H1 spouse lost job and became out of status
    GC guy can't support status if F1 spouse becames out of status
    GC guy can't bring spouse from home country

    UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)

    It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.





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  • ebizash
    07-07 01:21 PM
    Thanks mayitbesoon!

    I am also worried about the bureaucratic delay associated with big company. I will prepare this letter as well just in case for alst minute negotiation. Will keep you guys posted.

    Anyone else has advice for me?

    Thanks
    ebizash



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  • go_guy123
    01-30 01:08 AM
    against the mouse, press it against your forehead and think about the benifits that you milked from this country".

    Lot of people didnt milk much benefits....only people who came on F1 and worked as RA/TA probably "milked"
    from US

    Rest who were working on H1B paid all the taxes same as any american and
    got no returns for it.

    A whole lot of people milked from "H1B" workers

    As a matter of fact H1B worked for far lower wages than the market forces
    would decide thereby keeping the cost of IT infrastructure support for the
    financial services, insurance, retail etc low just as mexicans work for
    below min wages to keep the cost of maintaining the infrastructure low.

    Corporate America knows this and thats why they always shout for H1B
    shortage , they NEVER shout for EB visa shortage or just do a lip service
    because it looks bad.





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  • reachag
    05-24 01:06 PM
    Sent



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  • sanju_dba
    06-25 02:08 PM
    Your 797 approval notice will have updated I94 which will supercede your previous I94. The new attached referes to your 797 number starting with "RAC" or "WAC" like that.
    You need to submit this one too along with any old ones you have when you leave the country.





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  • PD_Dec2002
    07-10 09:04 PM
    However this smacks of unfairness as well. See this comment on Greg Siskind's blog (http://blogs.ilw.com/gregsiskind/2007/07/service-centers.html#comments) in response to the news about TSC holding the applications while NSC's been retirning them and some July 02 packages have been returned as well.

    Greg,

    Where did you get this news? If they partially returned some cases received on July 02, it is very very very unfair for those got returned. They were the first getting in the line and now they have to wait at the end of the line??? If USCIS is going to treat the returned cases that way, they will face more lawsuits to come. If they are to hold later on cases, they have have have to allow the returned cases to be sent back and put in front of the line, with delivery notice as the proof of getting sent back.

    This is very annoying notice indeed.


    Posted by: no more patience | July 10, 2007 at 05:02 PM

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

    Thanks,
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  • sparklinks
    10-17 09:27 AM
    I don't think it is true. My lawyer said using AP will not invalidate H1B.

    I have seen many people saying they came through AP and extended H1B , some even 3 times.

    Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B

    Thanks Buddy !! PM me when you come back plz.





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  • EndlessWait
    07-13 12:59 PM
    Can we have this ridiculous and scandalous thread deleted.

    Pure speculation masquerading as scoop.

    and then people ask where do buffoons come from.. we just need to show the mirror to those who outrightly without any basis term a thread "Ridiculous and Scandalous".

    I merely interpreted what I thought could be a possibility.





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  • milind70
    10-05 02:26 PM
    I received IRS tax audit check for year 2005 last week. I guess mostly I can defend my audit and I have scheduled an appointment with IRS tax manager for next week

    However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact

    Appreciate your thoughts.

    If anyone faced this problem please, please give ur ideas

    No relation between these IRS checks and 485 process





    godspeed
    12-03 06:53 PM
    Firstly, i would like to thank you for replying to my question. Please find the below email sent by my lawyer today:

    As per our conversation, attached are the two lists that you can review.

    Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/

    There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
    Thanks for sharing this info, you mentioned two lists? where is the second one?
    One thing is clear, this is going to affect future petitions, any idea on the approved/existing cases?





    rameshvaid
    06-22 01:39 PM
    Hello,

    My application also returned for the same reason (no I485 receipt notice attached) from Phoenix. Not sure what to do at this time. I never received I485 receipt notices. Hence, I have attached biometric notices in place I485 receipt notices. I have added a cover letter requesting to expedite the process. I am not sure if this request caused some mental disturbance on the person who is supposed to work on my application and may have sent me rejected notice.

    I got my wife's and sons entire packet back with the exact remarks, "Incorrect Check amount and no I 485 attached". I had both correct amount of 340.00 and Copy of I 140 attached..I e-filed on June 15th again and waiting to see this time what excuses they come out with now..I did get the receipt notices for both of them yesterday.. What a joke??



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