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  • ronhira
    07-08 06:13 PM
    That might be customary in your Mexico. :D

    i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.

    hey.... how would you know?





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  • pappu
    11-30 08:24 AM
    Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
    IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
    - IV Team





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  • InTheMoment
    12-02 08:14 PM
    Finally something concrete: :D

    Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
    AILA InfoNet Doc. No. 07113061, Nov 30, 2007
    In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.





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  • Ram_C
    11-26 01:04 PM
    received my FP notice on saturday, scheduled to attend local ASC on Nov' 30th



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  • JunRN
    12-18 03:07 PM
    Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.





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  • sayantan76
    04-13 06:54 PM
    Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.

    Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.

    Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.
    Hey - I am just pointing out how it can be played in the media to make the eb community look really bad. Do we seriously think the media and common man will believe that we are suddenly doing this out of the goodness of our hearts and a genuine concern for educational system in us - most people will see it as a well timed publicity stunt to influence decision making in our favor.



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  • sintax321
    02-04 12:46 PM
    i went with eilsoe. Nice detail;)





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  • tinuverma
    05-30 10:41 AM
    Done. tried to add comments, but popup never opened.

    Cheers.



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  • masterji
    08-09 05:43 PM
    Thank you prabasiodia.

    So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.





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  • blacktongue
    10-29 02:14 PM
    Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.

    If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.



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  • dpp
    07-19 02:48 PM
    But how do one become out of status?

    One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.

    As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.


    Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.





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  • cbpds
    07-09 11:04 AM
    Guys, there is real substance to what oscarzumaran says as well......

    It is not fair to shout at him unless u understand the issue bereft of any emotions.

    I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.

    Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.

    If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.

    We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law

    IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed

    How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.

    Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.

    I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)



    No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.

    President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?

    Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.



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  • NNReddy
    09-20 03:16 PM
    ANYONE else in this queue.





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  • PlainSpeak
    01-13 04:46 PM
    thats ok, no need of apologies. all i am asking you is to keep it to the point that you opened this thread for and discuss the options. We do not need to go into who is the guru here with so many number of postings etc..its totally irrelevant to this thread. again, when you open a thread with questions, please be prepared not to accept atleast expect different forms of opinions from different people. u have a nice evening too.
    Ok what i have heard after calling Lufthansa is because of the new Schezewan (I knmow i spelled it worng) visa changes AP is no longer considered a valid visa document by Germany. It used to before but no longer and of course France, England and other countres never did. So coming back to Germany yes while travelling to and fro you need a transit visa (Direction does not make any difference because as far as Germany is concerned you are from India and you have no Valid visa to America and/or any european country so you are suspect of trying to illegally enter Germany and to avioid it you need to buy transit visa).

    I myself was plannig for a trip and was trying for travle via Doha and Qatar where no transit visa is required. (Us to gluf direct flight. Gulf to any city in india) but the rates were high. If you like you can look at that opiton too. beats the hell out of going to teh german embassy and getting a transit visa. But if that is your preference go with it

    All the best



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  • sheela
    03-26 09:23 PM
    I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.

    But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.

    Can you update on this





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  • gc_lover
    07-27 01:23 PM
    And how are you sure that the second application will be correct and not have any errors that the first one had? :D

    In that case, we can have third application ready!



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  • venkygct
    08-29 12:40 PM
    ^^^^





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  • trueguy
    10-12 07:53 PM
    There are not many EB3 approvals so far. It means USCIS doesn't have many cases in their inventory with cut-off date of Oct'08 VB so I hope DOS move the EB3 cut off dates forward in Nov'08 bulletin and more cases become eligible.





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  • indio0617
    12-20 01:41 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.

    Nilcritz:

    Very precise analysis. Thanks for posting this one.





    greensignal
    11-10 10:55 AM
    Mybid2003,

    If your case is filed by lawyer, then your lawyer will also receive a copy of your FP Notices. So you may want to contact your lawyer and see if he got it?





    bigticket
    08-23 09:45 AM
    By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor

    I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.

    Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?



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