Saturday, June 18, 2011

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  • rolrblade
    07-20 03:02 PM
    Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.

    I disagree. if you read the instructions on Form I-485 it clearly states nder the inital evidence that you are required to submit Form G325A. No where did they mention GA 325.

    So if i were you, I would agree to the earlier post to submit the G325A along with all your details in a letter or wait for a receipt.

    Consult your attorney.




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  • Raju
    10-16 12:25 PM
    I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.
    Senthil,
    When people talk about currencies, they miss a very very important point. US dollar has an in-built protection that most asian currencies do not have. Do you know the fact that majority of countries in the world have their reserves saved up in dollars. A free fall in dollar is less likely because that is also going to deplete the value of reserves owned by each country. Asian currencies (read Indian, chinese) do not have that in-built protection. Hope you take that into consideration next time you talk about currency restrictions.




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  • gc_chahiye
    08-05 11:01 PM
    One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.

    did your friend then file a MTR?




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  • boreal
    07-08 08:29 PM
    None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)

    Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.



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  • hazishak
    08-01 09:18 AM
    Anything you will take for your H1 stamping + documents to prove that she is your wife. Her H4 status depends on your H1 status, your relationship and your ability to support her.

    Thanks for your reply, but she will go alone for stamping and we have applied I-485, ap,ead on july 2nd. so is there any problem for visa stampling if our I-485 is pending.




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  • admin
    04-12 04:43 PM
    To Submit Comments on the Regulation

    The DOL allows people to submit comments, identified by Regulatory Information Number (RIN) 1205-AB42, by any of the following methods:

    * Federal eRulemaking Portal : Follow the WebSite instructions for submitting comments.

    eMail : Comments may be submitted by eMail to (fraud.comments@dol.gov). Include "RIN 1205-AB42" in the subject line of the message.

    Mail : Submit written comments to:
    Assistant Secretary, Employment and Training Administration
    U.S. Department of Labor
    200 Constitution Avenue, NW
    Room C-4312
    Washington, DC 20210
    Attention: John R. Beverly, Interim Chief, Division of Foreign Labor Certification

    (Note : Because of security measures, mail directed to Washington, DC is sometimes delayed.)

    The DOL will consider only those comments postmarked by the U.S. Postal Service or with proof of delivery from a service such as UPS or Federal Express on or before the deadline for comments.

    Instructions : All submissions received must include the RIN 1205-AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail or eMail, will not be acknowledged. Because DOL continues to experience occasional delays in receiving postal mail in the Washington D.C. area, DOL recommends that those wishing to submit their comments do so via eMail.



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  • gc_chahiye
    08-05 11:01 PM
    One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.

    did your friend then file a MTR?




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  • vicks_don
    12-14 12:38 PM
    You can stay here as your H1 is pending but you should not work. Then you are still Legal. This happened to many students in 04' when H1 ran out unexpectedly quick. As long as you do not work and H1 is pending i think you are legal. That is what finalized in 04'. Correct me if I am wrong.



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  • asanghi
    02-26 02:48 PM
    No need for AP. If someone mails him the GC, he can get back to the U.S. with it.

    Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.




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  • sweet_jungle
    09-24 01:16 PM
    [QUOTE=thepaew;292857]It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
    1. US-based part-time program
    2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
    3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.

    Good Luck!

    -N[/QUOTE

    here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
    I do not want to reset my GC process.
    Anybody getting ready for RI next month?



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  • gc_chahiye
    09-27 01:42 PM
    ^^^^^^^ bump

    Appreciate any advice...thanks

    habils advice is best at this point: try to get a quota-exemp H1 (if you cant extend your F1 and study some more)




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  • Sai_07
    06-27 10:31 PM
    My I-140 was approved in Dec 2006 and still working with sponsoring company.

    Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.

    Here are the exact words from letter:

    In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.

    Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?

    Appreciate your help.



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  • senthil1
    07-12 12:01 AM
    Various conspiracy theories are

    1. They made all PD current for July to encourage legal immigrants to support CIR. CIR is failed they backed out on July. But it has weak argument as they moved PD for about 2 years in previous month.

    2. They made PD current based on rules and regulations as 60k Visa was available. But USCIS may lose fees increase so they backed out to get more revenue. If this is correct they will make all PD current in Oct 2007. But I do not think this will be reason as just for more money for Organization anyone will risk their career. If anyone gets personal financial gain then they might do but here there is no chance for that

    3. Because first 2 weeks of June not much approvals of I485 DOS made all PD current. But when USCIS started approving cases they realized that there were enough applications already and alerted DOS and DOS issued revised VB
    4. USCIS does not want flooding of I485 applications as that will be shown up as backlog. To prevent that they asked DOS to issue revised VB



    There is going to be 3 important questions in Lawsuit(If court accepts lawsuit for consideration) or congress hearing(if happens)

    1. Whether DOS or USCIS violated law in issuing revised VB.
    2. Whether they violated law in bypassing FBI check for applications to make Visa numbers unavailable
    3. Why they could not accept the I485 applications based on First VB? What is the need for issuing revised VB?



    If this is true it's really horrible and scary that this gov. agency is handling our applications.




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  • hpandey
    01-21 12:26 PM
    1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.

    2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.

    4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.

    BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!

    Here's more critics who " love " her style of parenting ...

    http://www.nytimes.com/2011/01/20/books/20book.html?_r=1

    who the hell leaves their 3 year old out in the cold .

    And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )



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  • amar123
    07-12 04:26 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.
    Every guy thinks that his/her problem is always the biggest bottleneck




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  • jungalee43
    02-17 09:14 PM
    We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
    It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
    This can be followed by something like letter campaign on the lines of admin fix campaign.



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  • bmoni
    12-22 08:42 PM
    I thought the same thing when i read it first time ...
    see the very next sentence after that statement

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"


    If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.




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  • russiarulez
    03-26 07:00 PM
    Last 2 years of college I was working full time in my field and going to school full time.



    How did you work full time during college for 2 years? Unless you had an off-campus work permit I wouldn't even tell Immigration about that 'experience'.
    And AFAIK you have to earn the bachelor's first and then count the years of experience.




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  • cahaba
    04-14 12:31 AM
    Thanks all for your responses.
    I will get the ONET job codes and post them over here.

    Also, how do you guys feel about the self employed option? My friend or his spouse can start a company (LLC) and he can part-time and remotely work on some projects while pursuing his current Marketing Manager job. Does anybody have experience or know somebody who has used the self-employed option.

    Thanks.




    sertasheep
    07-05 05:27 PM
    syzygy, can you please update your profile with your telephone number? i'd like to talk to you about your experience with 07/02




    pitha
    05-14 11:35 PM
    It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:

    This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.

    This means that we have to stay put and work towards our common goal of getting the system fixed.



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