Monday, June 20, 2011

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  • BharatPremi
    11-06 07:42 PM
    On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..

    No.. They are also stuck till primary gets clear.





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  • rvr_jcop
    02-13 12:58 PM
    I filed my 485 in June 2007 in Nebraska and yesterday my LUD changed but there was no message. This is the first change in my LUD since my finger printing in July 2007. I am EB3-I with PD of Dec 2002. Not sure what got updated. Any ideas???

    I've got LUD on mine and my wife's 485 on 02/10/2009. So far I got nothing, RFE or finger prints. My previous LUD on 11/26/2007.

    Also, I applied for AP and I had LUD on 02/09. So I wasnt sure if they just checking for 485 before approving my AP>





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  • Cavalier
    12-03 11:39 AM
    I wanted to type: you're not alone in these disadvantageous....thx





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  • raysaikat
    07-19 06:47 PM
    Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?

    Unless there are some other advantages of H4 which I am missing?

    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.



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  • Green.Tech
    06-19 12:31 PM
    Those who have been affected by this, please come forward; your stories are the most important piece of the puzzle to get this effort going.





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  • zoozee
    08-28 03:49 PM
    Gdhiren:Can you please send me your email id mine is zoozee4@hotmail.com
    I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.



    Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).

    Thank you guys for flying all the way from west coast.
    Dhiren

    PS: Waiting_4_GC, I have your flight info.



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  • bfadlia
    04-14 03:45 PM
    I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
    I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster





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  • geesee
    09-09 04:22 PM
    I am working in tech field doing techie stuff (like System.out.println ;)) I did PMP in Jan 2008.. so far i didnt get a chance to use my PM skills (thanks to USCIS for not giving me GC yet and limiting my ability to look for better job)

    I havent done MBA so I did learn few (project) management lessons while preparing for PMP.. although I wouldnt say that real world project management generally follows what is published by PMI

    For studying PMP, I would highly recommend reading PMP Prep book by Rita Mulcahy.. I never read PMBOK... Also, give few mock up exams (there are plenty available on net)...

    I am preparing for CFA level 1.. and man PMP was much easier! (just comparing one certification to the other - one with 5 books to read and other with only 1 book!)



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  • glus
    12-28 09:48 PM
    Anyone invoking AC21 with unapproved I-140?


    It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.

    Hope it helps.





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  • adibhatla
    02-20 12:57 PM
    Anil,

    Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.

    adibhatla,

    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    -------------------------------------------------------------------------------------------
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.
    --------------------------------------------------------------------------------------------

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??



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  • Anna35
    09-19 03:20 PM
    You know that's my point. do you really think we can't do nothing more?.....

    we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....

    This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...

    So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.

    I'm no negative just wondering how to measure the success of the rally?





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  • aadimanav
    05-14 08:58 PM
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1912

    Press Release
    Rep. Lofgren Introduces Bill to Retain International Talent
    Bill Would Allow Best and Brightest in STEM Fields to Stay in the United States.May 14, 2008

    Washington, D.C. � Rep. Zoe Lofgren (D-CA) recently introduced H.R.6039, which would allow masters and Ph.D. level graduates from U.S. universities in science, technology, engineering, and math to obtain green cards without waiting in long lines, if they have job offers from U.S. employers. The measure enjoys strong bipartisan support, initial co-sponsors include: Reps. Chris Cannon (R-UT), Michael Capuano (D-MA), Chris Carter (R-TX), John Conyers (D-MI), Joseph Crowley (D-NY), Tom Davis (R-VA), Anna Eshoo (D-CA), Wayne Gilchrist (R-MD), Mike Honda (D-CA), Patrick Kennedy (D-RI), Carolyn Maloney (D-NY), Jim McDermott (D-WA), George Miller (D-CA), David Reichert (R-WA), Linda Sanchez (D-CA), Loretta Sanchez (D-CA), John Shadegg (R-AZ), Adam Smith (D-WA), and Ellen Tauscher (D-CA).


    �More than 50% of the graduates from U.S. universities in masters and Ph.D. programs in science and engineering are foreign born,� noted Rep. Zoe Lofgren. �If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren�t the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent. In 2000, for example, 75% of the world�s engineers were hired by U.S. employers�just six years later in 2006, that percentage dropped to 63%. This legislation will give U.S. employers another tool to recruit the world�s best and brightest.�



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  • nitin_prabh
    02-13 02:28 PM
    Thats interesting. Lets see whats going on





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  • ebizash
    05-30 09:44 AM
    Voted YES

    Its good to see 166 Ayes and 0 No!!



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  • rajuseattle
    07-30 11:57 AM
    It looks like NSC has slowed down a bit on EAD processing. I am seeing many posts where folks e-filed their EAD renewals in the 1st week of July 2008 and are still waiting for the FP appointments notice.


    ----------------------------------

    EAD e-file : July 02nd 2008
    Paper Receipts received: July 11th 2008
    FP notice:?????

    PD: EB-3 /India June 2003.





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  • mmj
    04-19 03:51 PM
    Good job mmj.
    Pls provide your details and participate actively.
    Request you to donate as well if you have not already.

    We've already donated to IV in the past.



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  • paskal
    08-31 06:44 PM
    hi

    i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place

    thanks

    currently it appears that the bus will be from atlanta
    please pm ramus and keep in touch with him for more info on that





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  • mbartosik
    01-26 10:31 PM
    The standard stuff line, I'd say is a frequent sign on foul intent.

    If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.

    If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.

    You could even write your definition of "training" on the contract before signing it.

    If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.

    If there is foul intent then you don't want to be working for him anyway.
    Maybe try speaking to any other employees on H or L visa by way of references.





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  • downthedrain
    02-17 04:55 PM
    got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11

    another LUD today for me 02/17





    EBX-Man
    05-12 11:33 AM
    Pappu,

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.

    Hispanic community has unity. EB Community has factured groups, each intenet on their narrow goals and aspirations. There is no use commenting on and comparing Hispanic comunity with legal community. Every illegal fights for all the illegals where as every EB immigrant fights for himself and by extension his/her group be it preference category or country category





    fightretro
    04-01 06:21 PM
    Sent fax # 10 and 11



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