Sunday, June 26, 2011

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  • pasupuleti
    03-28 01:53 PM
    Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.

    Yes! Yesterday's bill does not have these provisions.





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  • reachinus
    08-25 09:38 AM
    Hi There,

    If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.

    Hi,

    My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

    I recently got my 140 receipt notice with receipt date as 24-Jul-08.

    I am wondering is my 140 is filed with in the valid time.
    Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

    pl give me the response.
    Thanks for looking this.





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  • scorpsdude
    07-15 04:33 PM
    Don't get scared if you forget to hand over I-94 . this one point given on US Custom & Border Protection website will give you some relief:
    -------------
    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
    -------

    Here is the link to the full article. Hope this helps.

    https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1





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  • psaxena
    02-04 06:53 PM
    Does anyone know any event management website like evite.com, where I can create and send the invite link so that everyone who wants to attend can come and enter the information.
    Thanks



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  • solaris27
    03-13 08:32 AM
    no its not true . I have Canada PR and to get citizenship u need to be in Canada for 3 years .

    http://www.freewebdirectoryweb.com/





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  • mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.



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  • eagerr2i
    08-30 12:39 PM
    Dear IV Members,

    The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.

    Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.

    These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.

    To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.

    Come on members..! and pledge in this novel pledge drive for Immigration Voice.





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  • like_watching_paint_dry
    02-27 01:51 PM
    I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.

    This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.



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  • akhilmahajan
    04-11 03:05 PM
    We are working on fixing the bugs and will be trying our best to get them fixed as soon as we can.
    So, please keep on letting us know about the bugs.

    Patience and support is really appreciated.

    GO IV GO.





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  • on_h1b_since_1998
    06-20 12:15 PM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.



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  • GCNaseeb
    08-08 04:25 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...





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  • wandmaker
    07-23 11:10 AM
    If 15 months has passed since your last FP and your GC is still pending then you will receive an FP notice again. It does not mean things are moving and/or someone looking at your AOS file. If you EFILE the EAD - you will receive a FP notice each time for thumb and picture, this is different from 485 FP.



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  • tinku01
    07-16 04:22 PM
    Bluez,

    How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.





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  • logiclife
    03-28 02:56 PM
    Yes.

    Yesterday's bill that was finalized by SJC did not have those items/provisions. And we were not expecting that to happen either.

    There will be changes and provisions to whichever bill makes it to the senate floor (SJC or Frist) on the full senate session.

    --Jay.



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  • Libra
    08-03 12:30 PM
    Guys, I am july 2nd filer and i got my checks cashed and waiting for reciepts....your checks will be cashed soon dont worry........until then why start new threads on same topic....instead will go to contribution thread and will start our posting there.....howzatt





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  • eb3_nepa
    10-03 01:44 PM
    If you did not know about this, then whomever was advising you did you a disservice.

    I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.



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  • hpandey
    07-08 11:25 AM
    There is also a possibility that in future you marry a person who is already here .. maybe on H1 or GC or a citizen . Since you are already going through a divorce I am sure if you marry again you would want to meet and understand your next future spouse thoroughly before marrying .

    I can understand your situation . My personal advise is take it as it comes. Get the current situation over with first . As for your questions it has already been answered above.





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  • LostInGCProcess
    01-08 10:44 AM
    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.





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  • kaisersose
    12-07 12:05 PM
    A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

    Thanks in advance

    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.





    kk_kk
    02-04 09:44 AM
    My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.

    I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.





    fromnaija
    07-20 04:46 PM
    For I-485 AOS purpose, date of last entry into the US is used as basis of determining legal status. That is the law. Fair or not, it's not my call

    Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

    A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
    100% legal status as he is having continious payslips after his re entry.

    B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

    In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.



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