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  • xgoogle
    06-24 11:08 AM
    Thanks you guys and smart move admin for collapsing both the threads together! I was only hoping if one of the lawyers could also confirm on this, then I would be really confident going forward with this decision.

    Thanks a bunch again for listening to my rant!




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  • a_yaja
    08-07 09:30 AM
    I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.

    Your LC will not be processed. It has already been processed and approved. Only your I-140 will be processed and if approvable, then it will be approved. Depending on your priority date, your I-140 and I-485 may be processed at the same time and approved at the same time.

    This is how I understand Substitute Labor will be processed for I-140. I may be wrong.




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  • GMKrishna
    10-05 05:55 PM
    This announcement proves that IV is a very democratic, honest and competitive organization for the cause of legal and highly skilled immigrants.

    Good job IV.

    Thanks,




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  • mhtanim
    09-16 08:59 PM
    July 9th Filer. Application originally sent to NSC. Got transferred to CSC. CSC I-485 receipt notice shows Receipt Date as July 9th. However, last week CSC transferred I-485 to NSC. The I-485 transfer notice (issued by CSC as well) shows "Receipt Notice: September 12".



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  • nixone
    08-27 10:03 AM
    Thanks chantu and fresheb2.

    I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.

    They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.

    Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.




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  • ken
    04-09 12:29 PM
    Guru's let me know your thoughts on this..



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  • FOR_LIBERTY
    11-13 10:58 AM
    Folks,

    I have recently moved to Houston. Count me in as a member of Texas chapter.




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  • Robert Kumar
    02-12 02:51 PM
    Why dont you consider one of attorney offices that provide free call services to IV members. That would help you as well as help IV community. May be you can consider Prashanthi Reddy or Raj at Shusterman or Siskind Law firm.

    I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..



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  • malaGCPahije
    04-15 10:31 AM
    India

    Enjoy your freedom. Pray for us.




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  • meridiani.planum
    07-18 11:39 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.



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  • pom
    10-02 06:11 PM
    Nice one, Flex. But I couldn't dowload the fla :*(




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  • nixone
    08-21 06:10 PM
    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.



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  • Administrator2
    03-23 03:03 PM
    We have a media opportunity with Washington Post. We are looking for someone who was offered a job at a company that accepted TARP funding, and later the company had to rescind the job offer due to the restrictionist amendment by Sen. Sanders (/Grassley).

    If you or someone you know fits this profile, please contact us immediately at info@immigrationvoice.org

    The turn around time for this story is 24 hours.

    Thanks,


    P.S.: Please help us to keep this thread at the top for next 24 hours.




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  • morchu
    05-29 02:30 PM
    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.

    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.

    Hi,
    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    Thanks.



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  • kk_123
    09-25 03:07 PM
    hi,

    my brother is also seeing the same status for his case. he too really getting confused.
    if you get your GC , pls update it.so it will help others too.




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  • smisachu
    09-28 10:25 PM
    I got my FP done today. I received the FP notice around 12th Sep. My receipt date is 4th Sep. Case is in Tx.

    Appointment time was 2PM. We reached 15mins early. The time does not matter. Long line to check and accept the form. Then we were issued numbers and asked to wait for the numbers. For the amount of people waiting for FP, they did a good and fast job. Mostly young kids and they were fast.

    Did FP and took Picture of self and wife and we were done. It took a little over 1 hour. I carried my passport but showd Drivers licence and that was all that was needed. Hope this helps.



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  • adibhatla
    04-01 06:04 PM
    In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

    The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

    In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

    And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

    I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

    The only option is to go with the MTR and hope for the best.

    By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

    I will you good luck.



    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,




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  • EndlessWait
    12-06 08:01 AM
    I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
    not EAD, but thanks for the reply.




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  • chandra_mb
    03-10 12:55 PM
    H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
    "NO"

    Nurses come under schedule A which is completely different
    Main point---


    Nurses is completely a different cap and category.

    Thanks for your reply, I do understand the process - sponsor-LCA etc..,
    I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet.
    Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.




    purgan
    12-18 06:40 PM
    Immigrantion Restrictionist/Racists have been calling Congresional offices and pounding the privelege of their One vote each, so they can be spared of foreign competition even though US competitiveness goes down the drain. I guess each one to himself. Here are some of the more interesting conversations...

    ==


    Senator Kyl:
    Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
    attempt to ramrod an H-1B increase?
    A. Are you calling on behalf of any organization?
    A. Yes, the org's name is Sandra. I only have one vote and no campaign
    donations.
    "Very low likelihood of this passing, and in the future Senator Kyl will
    take into careful consideration such meansures."
    A. You haven't answered my question. Kyl has been a consistent supporter
    of H-1Bs
    A. Senator hasn't made a decision and is still considering.
    Q. How did the Senator vote on the H1-C two days ago?
    A. I'm not finding a record.
    Q. It was HR1285--on December 5.
    A. Oh, that was a unanimous voice vote.
    Q. So does that mean Senator Kyl voted for it?
    A. I can check, just a moment........it was a unanimous voice vote
    ================================================== ========
    Senator McCain:
    Q What is McCain's position on Cornyn's "dark of the night" attempt to
    ramrod an H-1B increase?
    A. He hasn't yet taken a position.
    ================================================== ========
    Senator Grassley (Casey Mills)
    Asked for Casey but aide couldn't find him
    Q. Does Grassley support H1-B increases?
    A He doesn't know.
    I gave him a rundown as if I were Debbie--nursing shortage is artificially
    created. Grassley probably voted for H1-C, etc.
    I retrained for a job after 20 years to go into nursing, and now find wages
    are kept low by foreign nurses.
    A. He'll pass concerns along.
    ================================================== ==============
    Senator Dorgan
    Express thanks to Senator Dorgan for opposing H1-Bs.
    ================================================== =================

    Sandra

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - male staffer got really annoyed when I
    asked him if Senator Coryn supports displacing well-educated American
    workers with Foreign H-1B Visa holders. He immediately passed me off to a
    voice mail box of a staffer who handles immigration matters. (Yes, I know
    H-1B's are so-called "non-immigrant Visas" but we all know most of these
    people end up staying here -)

    Of course the staffer did not pick up his phone - but the staffer's name is
    Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
    Bell, and ring Landon's bell a bit?

    Gerard

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - stated my opposition of course. The
    person I spoke with said that Cornyn was trying to get his bill introduced
    today, and he was not sure if it would be voted on today.

    Hopefully Cornyn fails. I think he is getting our message, but I also
    think he does not care.

    Roy

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    Maybe you all have different information that I just obtained from both
    Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
    office (Democrat) -- both of New Mexico. But both of their offices claim
    that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
    committee yet and thus cannot be voted on yet. (It is certainly possible
    that you all have different or better information than was conveyed to me
    but this is what I obtained.)

    Domenici's office staff person couldn't tell me which side of the fence he
    was on as he hasn't "made a press release" yet. And, as long as it is in
    committee he apparently doesn't voice an opinion.

    Senator Bingaman's office staff also told me that he had not expressed an
    opinion to him on his position on the bill. The young, female staff woman
    who answered the DC phone seemed STUNNED when she pulled up the bill and
    started to read parts of it. She thought they'd have to take some kind of
    special test to get into the USA for these jobs -- no. I only wish she
    were casting a vote as I know how she'd vote! Again, she told me that
    the bill was not out of committee YET and the Senators are going home
    tomorrow afternoon. They are doing "yesterday morning's" work tonight or
    some such backward thinking. There has been no floor debate on the bill so
    the staff claimed would mean there will NOT be a vote on the bill tonight.
    No one would guarantee me that NO voting would take place tomorrow but did
    say it was UNlikely.

    Finally, when I got to the staff woman in DC she was a bit surprised
    because someone had called her on the bill from one of the Senator's New
    Mexico offices. (A bit strange unless it was my calling the Senator's 800
    number which connected me some place in New Mexico and they called the DC
    office for information regarding my inquiry.)

    (BE careful when you call, however, one Bingaman's staff males that I
    spoke with tried to give me the WRONG Senate Bill number reference. He
    asked "This is Senate Bill 2626?" I said "The one I am calling on is
    "Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
    bill has been reassigned a number that I don't know about -- I am calling
    on the Skil Bill "Access to High Skilled Foreign Workers.")

    Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
    Republican sponsored bill!"

    Cynthia

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I, too, phoned Cornyn's office and the person I spoke with kept insisting
    that the H-1B's had to be paid the same as Americans and then he said the
    senator wants to make America more competitive by bringing in skilled
    workers. I directed him to Norm's article in the San Francisco paper and to
    the Programmers Guild. I asked him how it would make our nation more
    competetive to bring in a worldwide supply of cheaper labor to take our
    jobs. Silence.

    LC Evans
    http://lcevans.com
    Jobless Recovery
    A satirical novel about American job losses




    Sushie
    08-17 01:48 PM
    Hi Everyone,
    I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
    I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
    The Officer asked me to visit USCIS office to apply for EAD.
    Please help me with this situation..Does a H1 get an EAD and then a SSN?

    Thanks N Regards,
    Sushie



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