
ArunAntonio
11-21 08:36 PM
- Is it possible to change your employer and port your PD after the I140 is
approved?
- I know that the Complete process of labour ect.. needs to be restarted but
what if the previous I140/labour is revoked by the previous employer (Can
the previous employer do that ?)
- Can the above be done when the person is on their 8th year H1 extenstion?
approved?
- I know that the Complete process of labour ect.. needs to be restarted but
what if the previous I140/labour is revoked by the previous employer (Can
the previous employer do that ?)
- Can the above be done when the person is on their 8th year H1 extenstion?
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_480x360.jpg)
kutra
03-05 06:26 PM
I think that everybody has the right to express their opinion.
Anything else is sensorship
good luck to all
That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.
I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.
So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)
Anything else is sensorship
good luck to all
That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.
I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.
So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)

tinamatthew
07-24 01:52 PM
should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? TINA WROTE: For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter? abhijitp WROTE: I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
pls find above the answers.
USCIS has released a press release July 23, 2007. Check QUESTION 13
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
pls find above the answers.
USCIS has released a press release July 23, 2007. Check QUESTION 13
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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actaccord
02-17 10:06 AM
for the update, StarRun.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
more...

amitjoey
01-18 10:59 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.

GCard_Dream
03-18 05:35 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
more...

apb
07-19 08:02 PM
My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
USCIS also checks whether you have been paying taxes. W2 alone does not help.
USCIS also checks whether you have been paying taxes. W2 alone does not help.
2010 Fullmetal Alchemist

decipher
04-21 09:40 PM
The meeting was primarily about undocumented workers and family re-unification. It seemed to be organized by the Latino community and so conducted mainly in Spanish (There was a English translator for others).
There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.
The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.
After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.
There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.
The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.
After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.
more...
_480x360.jpg)
sledge_hammer
12-10 08:50 AM
and EB2-India by a month; yaaaaay :)
EB3-India moved for 15 days. This sucks.
EB3-India moved for 15 days. This sucks.
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lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
more...

f1vlad
01-19 11:23 PM
Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
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eager_immi
07-05 12:59 PM
This poll is useless. Majority people on this website don'y pay a dime, for obvious reasons they want this to to be an unpaid site. Not that I care either way since I have done what I think is right.
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
more...
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anilsal
12-12 01:17 PM
If the attorneys have determined that there needs to be a INA change to allow I-485 filing during retrogression, has anybody bothered to find out what USCIS interpretation is?
USCIS interpretation can be binding!
USCIS interpretation can be binding!
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kishcaro
07-13 01:21 PM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
First of all what is in place????
What do u know about murthy? She is a founder of a reputed immigration Law firm and she needs to do think before she speaks. Maybe she took all the time in doing the ground work which she had mentioned in her letter. Think in a positive way. Sending bunch of flowers and getting the media attention does not solve the problem. There should be some one who can speak directly to the concerned persons and that is what sheela murthy is doing. Let her make her efforts.
Sorry this is not to offend any one, just my view.
First of all what is in place????
What do u know about murthy? She is a founder of a reputed immigration Law firm and she needs to do think before she speaks. Maybe she took all the time in doing the ground work which she had mentioned in her letter. Think in a positive way. Sending bunch of flowers and getting the media attention does not solve the problem. There should be some one who can speak directly to the concerned persons and that is what sheela murthy is doing. Let her make her efforts.
Sorry this is not to offend any one, just my view.
more...
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mallu
04-23 08:51 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Keep on waiting.
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Keep on waiting.
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labogon
07-28 09:50 AM
I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
more...
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go_gc_way
01-01 10:44 PM
bump /\/\/\/\/\
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luvschocolates
08-21 02:17 PM
If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
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GreenLantern
03-15 01:47 PM
Yes, the farther away the deadline the better. I would like to really put some time into it.
gc_on_demand
02-12 02:47 PM
Waste of time : So many people and so many minutes.
Waste of space on site : IV lost some space because of this thread.
Marketing gain : That immi business So many people visited their site when they came on IV and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
Waste of space on site : IV lost some space because of this thread.
Marketing gain : That immi business So many people visited their site when they came on IV and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
deepakjain
06-08 06:32 PM
Do not abuse me...for this post.
2 of my friends have moved back to India after looking at EB2 date of JAN00....I think they took the wise decision....
Else let us work here thinking that we are in Saudi Arabia, work till the age of 58-65 and then move back to India letting our kids settled here.
2 of my friends have moved back to India after looking at EB2 date of JAN00....I think they took the wise decision....
Else let us work here thinking that we are in Saudi Arabia, work till the age of 58-65 and then move back to India letting our kids settled here.