Wednesday, June 15, 2011

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  • miguy
    06-16 12:18 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks




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  • Libra
    08-31 12:01 PM
    All midwest members please go to this thread and cast your vote

    http://immigrationvoice.org/forum/showthread.php?t=12599




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  • chanduv23
    05-21 10:46 AM
    Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
    While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
    I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.


    Same place same thing happened to me. Their records were not upto date. But thanks for letting folks know what they can expect if they drive around border areas.




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  • redddiv
    07-17 02:11 PM
    AILA Comments on Latest Rumors
    As posted on AILA to Murthy.com on July 17, 2007


    It appears somewhat likely that there will be an announcement today regarding efforts by the government to resolve the ongoing controversy over USCIS' refusal to accept employment-based adjustment of status filings. "Authoritative sources" are providing wildly varying reports regarding the content of the "fix," which may indicate any number of things, including the possibility that the government is not able to come to sufficient agreement to actually produce a "fix." AILA will post updates to InfoNet as the situation progresses.


    Is there any other good news



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  • rajuram
    06-19 09:52 PM
    Ask your lawyer, but I do not think you can get a visa just on the basis of H1 extension receipt.

    You should apply for travel documents (advance parole) with 485. This will allow you to travel without the need to get a new visa stamp.


    I am not sure I understand your comments. Can you elaborate on the risks and required travel documents?




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  • Justin Bieber#39;s trip to Israel


  • mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.



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  • bipin
    03-18 02:45 AM
    I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.

    And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.

    I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.

    Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!

    I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!

    So I've two issues now to take care of.

    - To extend my Visa
    - And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?

    PLEASE HELP.

    The timeline for you to help me.
    On Bench with ex-employer Nov 2007 - April 2008 (5 months)
    H1 transferred to new company in May 2008
    H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008




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  • Steven-T
    February 4th, 2004, 02:37 PM
    Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
    SB26 -> unsure so far (anyone know)
    Craig

    The sb26 should have no problem. My daughter is using my 20 years old little Nikon flash (name???) on her N65 film Nikon.

    According to the 6) lens compatibility, you can use the non-cpu (non-AI, AI, AIS) lens in "M mode, but exposure meter won't function". My guess is: either it's like a lens adaptor, (and lose all auto-function!!!), e.g. a Hassy - Nikon adaptor or Nikkor-EOS adaptor. You focus with the lens wide open, manually turn-select your f-number, expose with the internal meter, and release shutter, ALL manually. Alternativelly, the diaphagm may "clock" automatically, but you have to meter using an external meter, set the exposure manually, and release shutter. Either way, you lose "exposure metering in one way or the other". The fore is just my guess. I would always try it out in a local store before buying anything (online).

    BTW, I don't know your finanical situation and your aspiration (particularly future) for photography. You are buying into a (D)SLR system. The body is the cheapest part you buy. The rest of the system causes you two arms and a leg. Excuse my straightness (rudeness?). The three Nikon items don't worth much in the used market. I am a 25 years Nikonian, a technology trailer, currently have a F2AS and a D1 (and a Hassey, plus a couple broken Rollei TLRs), decided to switch to Canon EOS 1-series, just waiting for the right time. I think Nikon has given away on the high-end DSLR to Canon. I mainly shoot landscape and PJ, and loves to travel to exotic places - stormy desert, rain forest, high altitude plateaus and snowing avalanching mountains (>4,000m), etc. I need something SOLID.

    Steven



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  • mnq1979
    06-26 10:12 PM
    I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

    My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

    I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?


    Thanks in advance. !!!!




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  • gc_75
    07-17 05:18 PM
    I think we have till July 31st. About 2 weeks.
    one silly question. How weeks do we have in hand to file 485?



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  • Justin Bieber In Israel 2011


  • go_guy123
    09-15 12:52 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks

    I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.




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  • gc_in_30_yrs
    07-17 02:48 PM
    IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...

    Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.



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  • fromnaija
    02-02 09:40 PM
    So as not to burst anyone's bubble, try it and see.
    By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.




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  • tnite
    03-17 01:05 PM
    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!

    When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.

    Call USCIS custonmer service and see what they tell you.



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  • wandmaker
    12-21 11:22 AM
    Can she be of any help to IV's Agenda.

    Good thought but your IV handle has the answer to your question. BTW, nothing wrong in making an attempt.




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  • acecupid
    06-26 10:01 AM
    I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;

    I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.

    Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!

    Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!

    Thanks in advance !!!!!

    My dear friend from Pakistan,

    why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
    ================================================== ====
    I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:

    1. I am a citizen of <country>
    2. I am the father of <your name>
    3. I was born on <birthdate> in <location>
    4. I was living in <your birth place> in <month and year of your birth>
    5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.

    I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.



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  • sidm
    03-29 08:59 PM
    Chanduv,

    I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

    I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

    Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

    HP

    Duplicity of a few greedy souls surfaces again..... we are not cockroaches to be trampled over just because you are at a further stage in the GC line.......:mad:

    In this case, GO IV!!!! Huge positive step by IV to unite and help ALL LEGAL IMMIGRANTS AND IMMIGRANTS IN WAITING (students):)




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  • lskreddy
    06-10 06:51 PM
    My 6 years end today and my extension filing is already in and pending since April. I wonder if they would entertain people who already filed and are waiting.

    I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)




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  • lostinbeta
    10-03 01:33 PM
    Well then for all you know, your equation could equal less than mine :evil:




    perm2gc
    05-31 12:18 PM
    Recently joined.

    Contributed $200.
    Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.




    cnag
    04-17 03:54 PM
    Don't worry. You are not alone. I will give you company. Mine is stuck in PERM
    since OCt 2005. Not 10 months yet, but almost there...



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