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  • peer123
    04-04 05:30 PM
    I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.

    I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating




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  • kishdam
    03-10 10:39 AM
    we are going through it right now.
    planning to file g-28 only and not AC-21 letter.

    Will wait for a RFE to send a AC-21 letter.
    Are you self filling G-28 or doing through another lawyer?
    Thanks

    Thanks for the info.

    Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.

    I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).

    If RFE does come at some point - do you know how much time we typically have to reply?




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  • patriot01
    09-25 02:20 AM
    I am kind of in the same situation...But, I don't know if the status means what it says.

    But, I got the status change in Jul 2008 saying that

    'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

    The very next day I got this case status change saying that..

    'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

    I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

    But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.

    Thanks in advance.




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  • smuggymba
    05-20 11:04 AM
    Thank you Rahul..
    I really appreciate it.. Just one more clarification.
    My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?

    Thanks

    The HR should ask you for the authorization before joining or when you do the HR paperwork. They might be assuming you're a US Citizen.



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  • dent04
    02-23 11:42 PM
    Hi there ,
    I will appreciate if any nurse/perosn who has knowledge about nursing profession answer my question.
    What is the process for licensure to be a nurse in USA-for a person who has done GNM or BSC nursing in India.
    Does it make a difference if one has done a GNM or BSc nursing from India, any advantage of one over the other?

    thanks




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  • NYImmigrant
    12-10 02:36 PM
    Instead of posting messages on any thread, please only focus on calling lawmakers. Do not distract the forum and yourself by posting messages on any other threads. I request members not to respond to any other threads. Now lets get back to work!!

    Janak... only if you know your facts before calling, you will be able to make a point. It's not only about calling and bugging the lawmakers. Through conversations we can come up with ideas...

    Take it easy. Good luck with your immigration application



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  • karan36
    11-08 02:59 PM
    Approved Asylum in 06. Applied for GC in 07, still pending and received this letter a few days back.
    Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."

    My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
    Will my Work permit be renewed once it expires.
    Thanks




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  • graviyera
    03-08 12:00 PM
    You dont need transit visa if you are traveling thru frnankfurt (my 2 cents...just travelled in Lufthansa with expired visa but valid 797...no problems...however i heard it wld be a problem if it were United...so check with the airlines).....keep in mind that one might get stuck anywhere between 4 to 8 weeks if stuck in 221g administrative processing while getting stamping in India (in my case got passport and 797 in 23 days)....something to be aware of....my friend got stamping in india with only 6 months of 797 validity remaining....hope this helps



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  • GCwaitforever
    05-24 09:59 PM
    It depends on job duties mentioned in the LCA. For example, you might be a solution architect and this comes with experience. Some roles could be guiding junior folks, interviewing people, reviewing work done by others, project management, vendor management etc ... Essentially you need to prove your 5-year experience is worth and that is what is needed to fill your current role. Prove that this can not filled by a plain BS graduate with no experience or even a guy/girl with MS degree and no experience. DOL might be thinking why not just a BS degree or BS + 5 years = MS degree.

    I am not an expert in this. Please discuss with your attorney for better advice.




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  • univariate
    07-23 04:16 PM
    Hi, Friend,
    Can you give more details regarding your travel to Canada?
    Which city is the port of exit and port of entry to USA?
    What document did officer ask for when you exit and reenter USA?
    Thanks.



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  • Green_Print
    07-20 01:56 PM
    ;) Yes my friend, you can change your jobs after 6 months of filing I-485 with I-140 approved.


    Can I change my job after 6 months of applying I485 with valid EAD?

    I have EB2 I140 approved.
    I-485 applied this July.

    Thank you.




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  • Blog Feeds
    11-15 09:10 AM
    From Politico: House Speaker Nancy Pelosi wants to push for a vote during the lame-duck session on a bill that would legalize young, undocumented immigrants if they attend college or serve in the military, according to Democratic sources familiar with a leadership conference call Wednesday. A vote on the bill, known as the DREAM Act, could come as early as next week, the sources said. Pelosi asked Rep. George Miller (D-Calif.) and Rep. Xavier Becerra (D-Calif.) to assess the mood of the caucus, according to one source. The vote on DREAM is probably easier in the Lame Duck House given...

    More... (http://blogs.ilw.com/gregsiskind/2010/11/pelosi-will-push-for-dream-act-vote-in-lame-duck.html)



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  • SertTurk
    12-30 01:18 AM
    hello,

    My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.

    What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?




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  • abhishek101
    12-04 02:17 PM
    Yes you can,

    I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.

    Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.



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  • number30
    10-10 06:00 PM
    As we all know, the entire north Karnataka and parts of coastal and Malnad regions are in the grip of one of the worst natural disasters the State has witnessed in a long time.

    The floods that followed torrential rains have brought unprecedented misery to lakhs of people in the form of destruction to housing, properties, crop loss and deaths.

    The State has suffered huge losses with massive infrsatructure damage.Rescue, relief and rehabilitation operations for the affected people are a gigantic task and it will take weeks, if not months. In this hour of human tragedy, we can do our bit to support hapless people as governments efforts alone are not adequate.

    People are suffering with no food, no power, no drinking water and no basic amenities. Your generous donations would be utilized to safeguard lives, put their lives back together and provide rehabilitation.

    Let us all put our hearts together and take the initiative to send a generous donation today. We cannot do it alone but together we can make a difference. Even a small contribution by each, makes a big amount as we all know - "Hani Hani Koodidre Halla".

    Please follow instructions below to open your heart and purse to support our own people suffering to get their lives back on track

    Where and how to send money:

    Donations will be accepted by CHECK or Credit Card.


    Please help us by sending your donations Payable to �AKKA Flood Relief Fund� and mail to the following address:

    AKKA Flood Relief Fund

    228 Granville circle
    Egg harbor township, NJ 08234

    To pay by credit card, please Visit AKKA Sahayavaani (http://www.akkaonline.org/floodrelief) <http://www.akkaonline.org/floodrelief>

    Please indicate if you do not want your name to be published in the list of Donors on the website.
    2. Is my donation Tax-deductible?
    Yes. All monetary contributions are tax deductible. AKKA is a not for Profit Cultural Organization with 501 (C) (3 <http://www.akkaonline.org/documents/AKKA-501C3.pdf> ) Status Tax ID: 59-352-7607. Contributions above $100 will receive an acknowledgement letter.
    3. First preference is cash donations. All money collected will be deposited in a separate account, audited and closed.
    4. Bank account is being setup. We will provide details for wire transfer.
    5. Where will my donation go?
    AKKA will ensure full amount is being used for Flood relief efforts. Details of distribution are being worked out and will be updated on the website.




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  • maximus777
    08-13 03:39 PM
    What would happen to those in EB3 but havent filed their 485 yet, or prospective EB3 applicants who havent filed for labor yet? Not all jobs or applicants qualify in EB1/EB2 category - to hell with them?? :confused:



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  • blake
    03-06 11:29 PM
    Hi everyone!
    On May 29, 2009, I filed a Form I-485 to get my wife's (from Japan) green-card. On August 11, 2009 it was denied because I had "failed to submit all tax documentation". On August 25, 2009 I filed a Form I-290B which is a motion to reopen and reconsider my case. I included all the additional tax information which they asked for so that I my I-485 would be complete. Finally, today March 6, 2010 I received a notice in the mail saying that my I-290B Form was denied simply because accidentally signed one area of the form where my wife should have signed. What am I supposed to do from here? I had a lot of people recommend that I contact my Commissioner... does he have any power to help me with that? Any help would be appreciated!!




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  • cheshirecat
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  • LegalIndianInUSA
    09-11 10:29 PM
    http://www.uslawnet.com/Englishhome/News/messages/234.htm

    Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
    http://www.murthy.com/news/n_efftrv.html

    But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.

    My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be

    1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?

    2. Get an Infopass appt: Again, an IO may not be the right person responding to this

    3. Contact the USCIS director : possible? how?

    4. Contact AILA

    5. Contact the Ombudsman

    If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.




    jonty_11
    06-15 01:17 PM
    This from Immigration-law.com

    06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

    The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
    In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.




    msyedy
    02-06 12:14 PM
    Hi All,

    I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.

    New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.

    I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?

    As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?

    When can we expect EB2 PD of Jan 2005 to be current.

    I would appreciate your responses.

    Thanks
    Sreedhar

    Do not expect anything, no one can tell you a specific range of dates when the priority of a Labor be current. You can join the old emp and use this priority date from the current emp of Oct 2004 to the one with PD Jan 15th 2005.
    The priority date is based on a person so you can carry it anywhere only after a I-140 is approved for that labor.

    So -- You at the old company can have priority date of Oct 2004.

    Yes you can join the old employer when you anytime, even at the time of fillinng your I-485



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