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  • dexter
    12-16 05:26 PM
    Hi Charles ,

    Thank you for the reply. really appreciate your feedback.

    Thanks.




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  • andy_traps
    03-20 03:20 PM
    The Orange County Register has an article about Immigration related policy making (CIR?) that is going on behind the scenes.

    http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php

    Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?

    Andy

    The text of the article:

    Kennedy says immigration bill will happen
    California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
    By DENA BUNIS
    The Orange County Register

    WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.

    The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.

    "It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''

    Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.

    "We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "

    Villines attended the meeting with Kennedy but skipped the following news conference.

    "If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.

    When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.

    That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.

    President Bush supports such a plan despite vocal opposition from members of his own party.

    Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.

    Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.

    Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.

    "If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.

    Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.

    But Nu�ez said he doesn't favor such an approach.

    Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.

    "If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."




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  • meridiani.planum
    11-12 02:22 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

    not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
    If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)




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  • amirani
    03-03 02:23 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.



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  • capriol
    06-03 03:48 PM
    Sure, the USCIS will ofcourse remind certain people to apply for the Travel documents: Why not?
    After all (1) $305 from pre-July 30, 2007 (I485) applicants (and many, many of such applicants) will count to make the USCIS (and the US) "rich." (2) Keeping the chain of advance parole and EAD's will prevent this country from giving permanency to the "foreigners." Goodness, gracious, we are taking away their jobs...remember....




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  • chanduv23
    09-17 02:57 PM
    55

    Not really that old you are still young :)



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  • 485Mbe4001
    02-18 07:55 PM
    If anyone is from Augusta and wants to put up flyers in the temple there please send me a PM. I might be able to help.




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  • lvinaykumar
    05-18 12:42 PM
    The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.

    I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:



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  • jsb
    10-29 02:49 PM
    The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).

    If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.

    That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.




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  • sbabunle
    01-22 06:07 PM
    Dear Core Group,

    We all understand that IV core group is sacrificing a lot. We all know
    that you guys have families, job and thousand other good things to do. But
    you guys have chosen to fight this menace.

    There are some members who wanted to see the spending or doubt
    the motives of core group. But let me assure that, those who doubts IV are a very few.

    Thanks a lot core group. You guys are doing a monumental job!!!!!

    I request all the members to put a "THANK YOU" to the core group on this thread

    babu



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  • jungalee43
    08-26 02:36 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.




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  • gc28262
    03-09 11:41 AM
    incorrect thought.
    I-9 is a Employment Eligibility Verification form that stays with the Employer.
    She is considered to be on an AOS status. nothing to be done.

    This is my understanding.

    when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.

    How will USCIS know that the beneficiary has switched out of H1 status ?



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  • immigrationvoice1
    04-09 04:37 PM
    Hi Gurus,
    I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?

    Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.




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  • glus
    05-13 11:26 AM
    Staying abroad constitutes "abandonment of U.S. residency." It is not related to "immigrant intent" at all. Worked for an Immigration Law office for long.



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  • soma
    01-15 10:07 AM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.


    That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?




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  • northstar1
    07-26 12:30 PM
    I don't think that's an option. The company has strict rules of using it's corporate attorney's through out the green card process. Hence the dilemna.



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  • piyu7444
    03-18 03:41 AM
    My husband received a �Transfer Notice� for his I-485 from TSC. This is what the notice says.
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    Here is brief history.
    My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
    1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
    2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
    3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
    4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
    7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
    I am really concerned about the interview. Please let me know what you know about this.

    I have described what to prepare and details can be found at
    http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444

    Thanks.

    I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)




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  • bekugc
    04-02 11:22 AM
    hi dhundhun,

    this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.

    in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.

    Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.




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  • nixstor
    11-17 09:38 AM
    Guys.. It has to pass through the house still..




    harish
    06-04 11:34 AM
    please help

    I updated my address via online at USCIS, sent the AR-11 via certified mail, only to find out that my current address was not on file for my I-485 that was pending at that time.

    I called TSC using POJ technique, and the IO who answered was very helpful and she took down my new address. I provided both mine and my spouse's receipt numbers and she updated the address for both of us. I had three soft LUD's only after I spoke to the IO.

    For those who have to change their address, please take some time and call TSC and verify your address on file! Hope this helps.




    Nabeel
    01-29 10:42 AM
    TSC Update - January 2010

    The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010

    The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process

    EAD and AP Processing Time within 60 Days
    TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.

    Source- Murthy.com



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