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  • gccovet
    08-15 10:03 AM
    Thanks for your replies.

    What will happen to the 140? Do they need to file for any amendment?
    If your new company has agreed to support the I-140, letter of acquisition will be enough. No worries. You may want to confer with a lawyer though.(Shell out few bucks, better to be safe, also for peace of mind)
    GCCovet





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  • ksircar
    01-25 10:18 AM
    As far as I remember, it was discussed earlier in 2006 and we came to the conclusion that Govt. of India has no ineterest in this matter.





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  • Blog Feeds
    03-22 12:20 PM
    AILA Leadership Has Just Posted the Following:






    http://4.bp.blogspot.com/_QZpVppv4FTs/S6dHB1rzDcI/AAAAAAAAAFo/qrwzbl0Md3Q/s320/2010-03-22+Statue+of+Liberty.jpg (http://4.bp.blogspot.com/_QZpVppv4FTs/S6dHB1rzDcI/AAAAAAAAAFo/qrwzbl0Md3Q/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
    "We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

    The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

    It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

    The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

    Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:


    Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.


    This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.


    If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.


    Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.


    My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."


    Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.


    Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."


    As long as we don't shut our doors.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)





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  • 485_spouse
    07-20 03:09 PM
    Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

    The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
    If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.



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  • vxg
    10-26 06:26 PM
    Gurus,
    I have EAD and FP done. Got receipts but no sign of getting AP.
    Is this common? Many friends who filed during the same time as me got
    it. I filed w/TSC.

    thanks for all the help
    iad

    Guys,
    My A # on EAD is different from approved I-140? Is it common?





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  • 510picker
    November 30th, 2008, 06:41 PM
    Owen, when did you go over to the dark side? :eek:



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  • StuckInTheMuck
    04-28 06:40 PM
    Pretty interesting ... usually you see such writeups for developed countries... I am happily amazed to see India taking such steps... Mera Bharat Mahan!
    Traditionally there used to be, and still is, a high degree of correlation between the so-called "hunger map" and the map of disease "hotspots", the idea being that most common infections originate in areas of low sanitation and poverty, and they are unlikely to be found in rich countries (malaria and cholera continue to infect, and kill, millions in India and Africa, but are non-existent in USA and most of Europe). Even the recent bird flu hotspots are confined mostly in Asia. In this sense, swine flu seems to have turned this perception on its head, at least for now, and countries like USA, CANADA, and some in Europe suddenly find themselves somewhat "untouchable" (to be fair, USA is guilty only by association, by sharing border with Mexico, the genuine swine flu hotspot).





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  • meetpravee
    07-16 04:25 PM
    Call the toll free number (877-CBP-5511 ) of the customs and border patrol (Questions/Customer Service - CBP.gov (http://www.cbp.gov/xp/cgov/toolbox/contacts/customer_service.xml)). They can give you the location and number of your local city's office. Call your local city customs office and identify yourself using passport number. They may ask you some basic questions to verify your identity.

    Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"

    Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.



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  • gondalguru
    06-19 11:45 PM
    Please help me as I am in big confusion.

    I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.

    I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A

    Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.

    Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.

    Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.

    What should I do?

    Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.

    Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.

    As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.





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  • punjabi
    09-10 02:54 PM
    Hi javans,

    I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.

    Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.

    You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.

    I have myself not done it, but I have met few people in the past who did that.

    And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).

    Hope it helps.

    Good luck!

    Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.

    Thanks,
    javans



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  • desi3933
    03-05 12:24 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?





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  • cooldude
    07-19 09:58 AM
    po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.

    Thanks a lot. It should be fine I guess then.



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  • veni001
    06-17 09:28 AM
    Little research on this forum will give you answers to all your questions!

    In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.

    HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

    I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
    I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

    I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

    Thanks,
    PagalForGC





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  • ds37
    10-19 12:29 PM
    Hi

    I was also tested possitive due to vaccination in India. did the skin test and X-ray. I talked to my family Dr.(and couple of my Dr. Freinds.) and they all told me that my body will allways react to this test due to vaccination and if X-ray is fine we do not need any medication. In US all the Dr. has to get the test once a year and those vaccinated in their native country has to get an X-ray to confirm it as the test is allways possitive for them.

    I would say Consult another Dr. just to be sure.

    Thanks

    DS



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  • hmehta
    08-08 03:36 PM
    No problem - we are all here to rant...and find solutions....so don't feel bad abt it:)

    I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.

    How did your GC process turn out? Any RFEs because of this?

    Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.

    Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.

    Sorry about the rant and thanks for hearing me out.





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  • american_dreams
    08-01 01:51 PM
    Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.

    In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.

    So do not worry about which version of the form you are using. Make sure you are including the correct fee.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    BTW, i have the old forms if anyone really needs them.



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  • ags123
    08-29 11:17 AM
    Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.

    I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
    (In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)

    The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer

    Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.





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  • raysaikat
    03-28 11:01 PM
    Saikat,

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

    -rgpr

    Note that "status" is different from "visa".

    Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

    Coming to the denial, what denial are you referring to? There are many situations.

    In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

    Now supposing that you do not quit your school:

    (i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

    (ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

    In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

    (iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.





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  • zerozerozeven
    04-09 12:43 PM
    it is really nice that you got it now...otherwise u will be put on a minimum 6 months more wait till Oct...u shud highlight ur case to showcase how broken the legal immigration system is..u have been in US for 18 years before u received ur green card...





    Dhundhun
    08-09 01:13 PM
    The top reason would be-

    "We are the USCIS".

    What say?

    00. It's style - USCIS style.





    whitecollarslave
    08-12 02:27 PM
    My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.

    How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?