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Monday, June 13, 2011

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  • immigrationvoice1
    12-18 08:10 PM
    Gurus,

    Which is more reliable / popular, scottrade.com OR scottradeR.com ?





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  • raysaikat
    08-16 01:55 AM
    what has indian immigration officer to do with AP and US immagration.....

    You need to show the police officer in India before leaving for US that you have valid visa/papers to enter US. Otherwise I suppose they can stop you from boarding.





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  • reddy77
    04-13 08:23 AM
    Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....





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  • nhfirefighter13
    June 4th, 2004, 09:04 PM
    I needed that laugh after the day I've had. Thanks.
    Gary
    Thank you...thankyouverymuch. I'll be here all week and twice on Sunday. :p

    Everyone needs a nice daily dose of humor and I'm not above making fun of myself. :)



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  • pradeep_s
    12-19 11:41 PM
    Hi,

    I have my I-140 approved in EB2 category (applied in Feb 06), at present
    in H1b (paperwork valid till Nov. 07). I would like to know
    whether there are any problems in going to India and getting
    my visa stamping done.

    Are there any legal issues - like you cannot travel abroad while your I-140 is
    approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
    I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
    is Jan 03).

    Any suggestions/comments/advice greatly appreciated.

    pradeep





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  • gcpain
    03-28 01:46 PM
    Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.



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  • vinoddas
    07-29 08:57 PM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.





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  • hsm2007
    09-20 07:28 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.



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  • pappu
    07-09 09:07 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!

    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.





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  • ski_dude12
    09-26 08:58 PM
    You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.


    Thanks for the advice. I appreciate your insight.

    I amm zn. ! going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.



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  • StuckInTheMuck
    07-11 12:27 PM
    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify?
    You can get EAD without FP (the card will say "Fingerprint not available"), but if you e-file your renewal application, you will get a call for FP (paper-filing renewal does not require FP). As I said, I deliberately e-filed for that FP call so I can get into the local USCIS office, and then persuade them to take my I485 FP as well.





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  • H1InTrouble
    09-18 04:05 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble



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  • ski_dude12
    12-22 12:29 PM
    Please contribute to IV.

    Thanks for the info, i too got my recpt# by calling...





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  • nonimmigrant
    03-31 06:16 PM
    Congratulations. Enjoy your freedom.

    What is the process did you followed to port from EB3 to EB2 ?

    New Labor with EB2 Job requirements
    I-140 Approval
    Port Over EB3 priority to EB2 after I-140 Approval

    (or)

    Do we have any other route to port over from EB3 to EB2.



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  • makemygc
    08-16 09:46 AM
    US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..

    On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...

    All of our family were tense...so take care of AP date format...

    This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.





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  • yabadaba
    12-21 08:22 AM
    ok that makes sense.



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  • vishwak
    11-12 07:46 AM
    Consult your Attroney. If HR files for H1B (In some of Companies), please do Hire nice Attorney.

    My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.

    Please keep updating the Thread with developments which might help others.





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  • tejonidhi
    11-27 10:35 AM
    Hi,
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you





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  • shana04
    02-07 04:18 PM
    Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.

    For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.


    I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.

    Do not worry.

    And Finallly good luck to you.





    ss1026
    07-06 11:43 AM
    YOu are correct. If you have an approved I-140, you get
    - 1 year extension if PD is current
    - 3 years if your PD is not current





    Rb_newsletter
    01-25 08:42 PM
    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.



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