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Monday, June 20, 2011

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  • santb1975
    01-23 12:16 AM
    we have over 25000 members and it has been 2 weeks but we are still waiting to reach 300 :-(



    I don't get it!!
    ~300 people came forward to raise $30000 in one week.
    Not even 100 people voted that they have sent their letters? Something's not right.





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  • yabayaba
    08-21 12:20 PM
    I am already started the process. Is it worth waiting for something would happen on visa recapture front in Lameduck session after mid term election?.Your thoughts on this?





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  • raysaikat
    07-19 06:20 PM
    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.





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  • Legal
    07-25 02:13 PM
    [QUOTE=alterego;267244]I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.QUOTE]


    The titles of some of these threads have entertainment value:).
    Like the one we had recently on "lovebirds separated by the cruelty of USCIS".



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  • tikka
    03-26 03:43 PM
    I spoke to a staff at Michael R. McNulty's office.
    He comes to Albany on weekends only.
    Rest of the time (5 days a week) he is in Washington.
    We can meet staff members any time betwenn 9 to 5 (no appointment required).

    Spoke to staff member at Schumer's office.
    He is not available for a meeting.
    Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
    I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
    We can change if this is not convenient.
    I am not sure if this is gonna help, as it is 2 weeks away.

    Please provide feedback.
    hi
    Are you going alone to Schumer's office?
    I am come along if you'd like.

    Varsha send me all the necessary docs. Let me know if I can assist in some way





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  • karthiknv143
    08-25 04:37 PM
    On the phone (called the regular 800 #), no documentation was required.

    knacath, any update?



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  • anilsal
    07-25 11:27 PM
    to channel all your frustrations and anxiety toward a noble cause. Life is hard. GC is just a milestone, just the way you experienced your first process (H1,J1,F1) to get to the US.

    I think worrying a lot about the GC has increased my blood pressure (and I need to relax). :) It is just like the COLTS disease - men are made to worry about the future. ;) IV allows to share your pain with others and also work together for a cause.

    Remember life can be worse than what it is for you now (http://anilgeneral.blogspot.com/2008/07/when-going-gets-tough.html) Chill, it is a friday.





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  • arvindkappula
    01-18 03:47 PM
    Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)



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  • saimrathi
    07-06 06:20 PM
    Nothing yet.. Hope its on tomm.. please post correct info..

    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!





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  • NKR
    03-22 08:57 PM
    Gurus,

    Since EB2-India is current, I am exploring the possibility of interfiling.

    Goal: Interfile in such a way that my new application under EB2 (New case
    category) get attached with old case (EB3) priority date (07/2003) and
    thus enable me to take advantage of EB2 current PD as declared in
    April 2008 bulletin.
    GC Application/s history:
    -----------------------
    OLD APPLICATION

    Employer: xyz
    Category: EB3-RIR Conversion-India
    Priority Date: 07/2003
    Labor approved
    I-140 approved
    I-140 approval date: 06/2007
    AP and EAD approved
    485 receipt date: 07/1*/2007

    NEW APPLICATION

    Employer: ZAB
    Category: EB2-India
    Priority Date: 06/2006
    PERM LABOR approved
    I-140 approved
    I-140 approval date:08/2006
    No AP/EAD/485 applied under this application

    Notes: (1) Currently working for company CDE on EAD.
    (2) "A" number on both I-140 are similar and different from "A" number
    on 485 file.
    (3) Occupation codes for both category are "Close" and matches the
    job profile with current employment on EAD

    Question: Is my goal achievable? If yes, then what to do and how to
    proceed?

    Thanks in advance for any help to sort this out.

    - BharatPremi


    Dude,
    Be specific and say that your PD is current, I was wondering when EB2 India become current.



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  • arunarch
    08-22 01:35 PM
    I might be wrong, but I think the way it works is by supply and demand. If the supply of new visa numbers is much less than the demand, the dates might go back.





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  • helloh1
    01-26 07:08 PM
    hey Dhundhun and everybody else.... thanks for ur precious advice. This forum is really helpful for people like me who do not have much experience with US rules.

    Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.



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  • franklin
    09-21 05:43 PM
    Great to have you on board.

    I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)





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  • kak1978
    06-05 10:15 AM
    Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.



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  • gcnj
    02-13 12:14 PM
    Hi Shana

    Thanks for continous feedback ,I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.

    Do you think will this be a problem if i use AC21.

    Your inputs will be greatly appreciated.

    Thanks
    GCNJ





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  • veni001
    09-07 10:13 AM
    I have 14 years of education in india and 20 years of experience in IT - if my job requirement says bachelors equivalent + 10 years experience will it qualify me and job as EB2 ?

    AS long as the requirements are standard across the board(industry) other wise DOL will request to prove the business necessity through audit. :o



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  • thomachan72
    05-18 04:19 PM
    for those with masters or phd there is already a special quota called EB1. All of the others are not different from one another. if with your MS/PhD you are going to do the same kind of job any qualified person from India would do, what is the need for a special catagory. You have to prove your point then everybody will agree. Just by saying "special quota for MS" we will ask; WHY? show us the reason. I know lot of engineering graduates/MBAs/research scientists who have got MS from here but dont see any special significant contribution. I also know lot of professionals (specialists in medical / other fields) who were trained in the US and are significantly valued all over the world. So to put it briefly, this argument will not work with the law makers. People with PhD and lot of publications / patents / significant contributions etc definitely need a special quota and they already have one. The rest of us are in the same boat friends.





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  • gc_relief
    03-26 11:36 AM
    That means if u doesn't have a job don't drive:D





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  • GCInThisLife
    07-19 12:11 PM
    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.





    wikipedia_fan
    04-09 03:11 PM
    Does this mean that an MTR filed without the filing fee is automatically considered an appeal?

    I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.

    Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW





    cliffmacnab
    12-03 04:13 PM
    FBI Name Checks Latest

    Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:

    Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.

    Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.

    We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.



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