Thursday, June 16, 2011

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  • rahulpaper
    11-09 10:04 AM
    We have a very similar case as yours...No FP and RFE on AP....
    our 485 is NSC>CSC>NSC ...hence it is slow...my lawyer asked to wait for another month (60 from notice days)
    RFE on AP is processed at NSC>CSC...

    which means my 485 is back in NSC and AP is still at CSC....no connection between two applications.




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  • thandan
    03-17 06:07 PM
    For sure, I will be consulting with an attorney, but just wanted to get as much information as possible. From what I have seen, the lawyers who reply to these posts here give some very valid points which can then be the basis of further discussions




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  • morphthecat
    07-30 03:07 PM
    how is the baby supposed to sponsor the parents ??

    One option:

    http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):

    Cancellation of Removal
    Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.

    .....
    I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.




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  • tinuverma
    03-17 12:51 PM
    Hello everyone,
    My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:

    The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?

    Thanks



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  • HRPRO
    01-18 09:30 AM
    H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.

    Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.




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  • Berkeleybee
    04-07 11:50 PM
    We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.

    Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.

    And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)



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  • pappu
    01-21 11:54 PM
    i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
    Thanks. Any little help from any member is useful in this effort. Imagine the sumtotal of all efforts if every member helps us in some way or another!




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  • Fran Drescher wants to replace


  • jasmin45
    07-16 05:48 PM
    You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.

    Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.

    Thank you, but I already know that one!
    She must be scrambling for those meaningless "legally correct" words to fill the page now.. not a word from her yet.. except that we already got to know from WSJ report this morning.



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  • suresh_la
    11-30 12:10 PM
    I have Labor (PERM) and I140 approved from my current employer.
    can I apply trasfer and extension with new employer.

    Advice is highly appreciated.




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  • siddar
    09-04 11:09 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....



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  • justsomeguy
    07-12 06:29 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!




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  • ajcates
    11-24 11:28 AM
    I want the kawoosh one to win mainly because of the cool name.



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  • RattuRani
    06-10 09:34 PM
    The USCIS cannot be blamed for the quota mess. That is set by Congress. Now you can legitimately accuse them of sloth and indifference. But not greed. They're not a profit center for the US.

    The right place to lobby for change is in Congress. As I've stated in other posts, the appetite doesn't seem to be there right this instant. Maybe if the economy comes roaring back in a couple years, then the political tide will once again turn in favor of reform.




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  • gchopes
    02-11 10:00 AM
    Can one have valid H1B (I-797 only) and then travel on AP and return? This way he / she doesnt have to get a visa for H1B when returning. Any inputs?



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  • kevinkris
    11-17 02:12 PM
    Since you applied for H1 extension it means that you are out of parolee status
    and on H1 again.

    Get visa stamping next time when you go for home country and come on H1 instead of using AP.

    Use AP only if GC is approved when you are outside of country..

    I think it's little risk if AP is approved and you are outside of country and wants to use it. They prohibit sending AP on postal mail.

    All,

    Any help in answering my queries is appreciated.

    Thanks




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  • pablo8000
    04-16 07:36 PM
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot



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  • gcformeornot
    08-14 02:32 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    to send separate checks so they can generate LIN/SRC numbers against each application.:(




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  • vdlrao
    04-10 03:36 PM
    Source?




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  • saravanaraj.sathya
    11-13 08:04 PM
    This is due to the change of address. The receipts which were returned to USCIS will be mailed back to your new address based on ur address from Ar-11 database. Nothing to worry. I had the same status and today I received the receipts which were returned back to them from my previous address.

    I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."

    She put in a service request for me and she some one is going to contact me in 30 business days.




    DirCls
    07-15 06:18 AM
    I am in Houston




    vinayskadam
    11-23 08:49 PM
    @sameer2730 :

    So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
    Sent the request for correction with my supporting documents.

    -- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".

    And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.

    Please help me with your advice. I am completely in dilemma as to what needs to done..

    Thanks in advance..
    Vinay



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