Sunday, June 12, 2011

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  • mhtanim
    11-26 06:06 PM
    My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?

    Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.

    The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.




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  • va_dude
    05-07 04:59 PM
    The online system has been inconsistent in the past too. So you can never really tell what's happening behind the scenes.




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  • longq
    03-29 11:09 PM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.




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  • rajeshalex
    09-19 02:14 PM
    Another thing. Since the ticket starts from India base fare will be in INR and when u buy online the credit card company converts $ into INR. Usually credit card company exchange rate is lower than the ones provided by HDFC and other banks.

    Also check for foreign transaction charges imposed by credit card companies..



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  • mrajatish
    03-25 01:38 PM
    Yup, you are right - thanks for pointing this out.




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  • anilsal
    01-26 12:30 AM
    Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?

    I noticed these Business section journos are endlessly talking about ways to prevent the recession.

    We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...

    Not sure if IV gurus are thinking on these lines.

    Vivek

    Vivek, suggestions are always welcome. But we get more folks suggesting than those that actively do something for IV's cause.

    I am wondering if you would want to contact these journalists as an IV member. If you want more information or any other details, PM me your email address and phone number and we can co-ordinate off line.

    The immediate need of the hour is the administrative fixes campaign success.



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  • bkarnik
    04-14 08:24 PM
    Call is on April 14th (Sat) at 2.00 pm EDT.

    Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.

    Ragz:

    OOPS!! April 15th, Saturday:D See you then.




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  • FinalGC
    02-07 09:36 AM
    Buddy:

    The way I see is that you have two options:

    1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.

    OR

    2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.

    Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.

    It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.

    I just gave you some practical advise.

    I hope you make the right decision, which would be good for you and your parents.



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  • gc_buddy
    11-19 12:17 AM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.




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  • vaishnavilakshmi
    06-20 10:48 PM
    - Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.

    - Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)

    - 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)

    Don't recollect needing any of the above numbers.

    - In our case, it was new passport in lieu of lost passport.

    If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.

    jazz

    Hi jazz,
    Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?

    vaishu



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  • gunabcd
    06-21 02:55 PM
    For my canada GC i calibrated my camera, took pictures of 3 of us with my 3 mega-pixel camera, and printed at walmart on 4x6 then cut 27 X 27mm, and it worked, i have canada GC. just make sure front face, white b/g, enough brightness. i would not risk it for my US GC though.




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  • sharma258
    02-10 03:44 PM
    Hi Guys,

    please let me know how long we need to stay with sponsoring employer after getting GC.

    Thanks



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  • alterego
    06-26 07:28 PM
    You do not always have a LUD on your 485 when your EAD/AP is processed. I have had 4 such applications so far, my wife likewise. Once, out of these 8 times(Collectively for both of us) there was an LUD and subsequently an easily cleared up RFE(about current job) for me.
    LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.




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  • EB3June03
    06-12 04:21 PM
    This is my first post, so bear with me.

    I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.

    Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).



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  • ags123
    08-28 09:08 PM
    I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

    ---------------------------
    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
    -------------------------------

    Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

    I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
    So with
    a) H1 Revoked aug 28th
    b) Address changed
    c) AC21 not filed
    I am thinking of not travelling. Am I overreacting here ?




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  • zCool
    04-02 11:26 AM
    You are kidding!
    USCIS can't keep track of applications they receive..:)
    Every document they want they "REQUEST" from you.
    W2, paystubs this is basic stuff dude..
    If you don't have them, there's less certainity.. but this is funny process, people have gone thro' easier on lesser evidence.. !So nothing is a dead-ender if you are lucky..
    In normal cases though.. I think IF (and that's a big IF) you get an RFE, you will have hard time proving A2P but then again maybe your employer is big and has enough profits etc to prove A2P .. so don't loose heart.. but I would advise to just change to a good employer instead of working in this messy situation to get 1 or 2 yrs advantage on PD



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  • hur11
    01-22 10:08 PM
    Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.




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  • vikram2101
    08-02 06:55 PM
    My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.

    do you remember the appointment time?




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  • maheshf
    02-20 01:23 PM
    I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters




    Blog Feeds
    01-14 08:20 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj81MhGt7CLlu74Fvk2i7dJr4oAnRSgocezVLKij2TWc6urxphtj3igaWPTr-7RtnmnGJiQhlRcx45Hm0Fbytraayii_mjnd5AeOEl12Jvi8SsJHXH7w8RanR54LjTmkwWvdqrssg8W7dxp/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj81MhGt7CLlu74Fvk2i7dJr4oAnRSgocezVLKij2TWc6urxphtj3igaWPTr-7RtnmnGJiQhlRcx45Hm0Fbytraayii_mjnd5AeOEl12Jvi8SsJHXH7w8RanR54LjTmkwWvdqrssg8W7dxp/s1600-h/uscisLogo.gif)

    The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.


    US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"


    CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:


    Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
    If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
    Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
    Does the petitioner hire, pay, and have the ability to fire the beneficiary?
    Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
    Does the petitioner claim the beneficiary for tax purposes?
    Does the petitioner provide the beneficiary with any type of employee benefits?
    Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
    Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
    The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:


    Self employment;
    Independent contractors;
    "Job shops".
    The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.

    The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:

    Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.

    The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.

    This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.









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    willgetgc2005
    03-28 07:56 PM
    Maybe this is something we can propose.


    You guys talk as if we propose and they accept. get back to realty, please.

    After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.

    You are talking about a radical chnage in GC.

    Get real. Get real. Let us get out of this child like proposals.

    Obviously the efforts of us, IV and QGA have not been sufficient. I am not
    in the least balming anyone. I for one feel IV has done exemplary work.

    But the critical question is do we need to do anything different ?

    Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
    apathy and seeming ignorance to our issue on the part of senators. After all
    our efforts. What went wrong ?

    Core IV members please share your frank thoughts.



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