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  • GCcomesoon
    03-16 03:54 PM
    Hi

    It seems like we all have to wait till march 27th to understand the impact .Please make us understand how this makes good news for legal immigrants.There is no mention of any thing here.Frankly in the last 10 days after this bill started getting discussed, we have hardly heard anyone speaking about us.Its only guest worker,illegal immigration,border security.
    Its not being pessimistic here ,Please give us some realistic picture.
    We all understand & appreciate each other efforts,time,money spend in this cause.Especially hats off to Voice team.
    Lets hope we all the see the fruits of "labor" soon

    Thanks
    GCcomesoon
    __________________________________________________ _______________
    pilid
    Junior Member Join Date: Mar 2006
    Posts: 3

    --------------------------------------------------------------------------------

    Not to be pessimist but I tend to agree with learning01 that Nothing is going to happen. This is election year and it will be difficult to get such sweeping and comprehensive legislation passed. Having said all this, I will continue to support IV as I think these efforts will eventually pay off.

    learning01, I laud your efforts. However, I am not sure what incentive any employer has to really help with this cause. Sure worth trying though.




    Quote:
    Originally Posted by learning01
    Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.

    I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.

    I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.

    I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.



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    #14 Today, 09:18 PM
    beppenyc
    Senior Member Join Date: Jan 2006
    Posts: 51




    --------------------------------------------------------------------------------

    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.


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    #15 Today, 09:43 PM
    ragz4u
    Super Moderator Join Date: Dec 2005
    Posts: 183


    Looks like the committee has brokered a deal :)

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by beppenyc
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.


    Check out the following article from the OC register here http://www.ocregister.com/ocregister...le_1053340.php

    If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!

    WASHINGTON – The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.

    Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.

    No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.

    But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.

    Early this afternoon, Frist announced his intention to introduce a bill before next week’s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist’s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader’s measure.

    The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.

    For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.

    Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.

    The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.

    Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.

    Not all members of the committee agreed with these compromises.
    Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.

    And several committee members most opposed to a guest-worker program – most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.

    __________________________________________________ _______________




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  • pjalan
    04-01 03:08 PM
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    Can't I myself respond to the RFE?




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  • qualified_trash
    06-29 03:13 PM
    Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.

    As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.

    I completely agree with you that it feels a lot better when you have a copy to look at.

    However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.




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  • roseball
    11-19 12:45 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .


    This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....



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  • Robert Kumar
    01-03 10:46 AM
    Hello,

    Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

    Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

    Thanks for information.
    So are you saying, the employer need not pay me, while I'm full time in school.
    1. How does it effect H1B status.
    2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
    3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.




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  • doesntmatter
    05-20 05:21 PM
    Background:
    No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
    No Notice of Intent to Deny; Straight denial notice in around 8 business days
    EB2; Priority Date: Mar 14 2005
    LC: Approved Mar 2007
    I-140 Approved May 2007
    1-485 Applied Aug 2007
    First RFE: Only G325
    Second RFE: 4 Items
    1. Signature issue in Medical forms - redid the forms
    2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
    3. Travel dates since the first arrival at USA - furnished all of them
    4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
    What happened in that time?
    Was with Company 2 on L1-B
    L1-B was about to expire by Aug 29, 2001;
    Applied for L1-B extension on Aug 3, 2001;
    RFE on L1-B extension on Feb 23 2002;
    Response submitted for RFE on Mar 3 2002;
    NO RESPONSE TILL SEPTEMBER 2002
    Apply for H1-B with Company 3 on August 20, 2002;
    ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
    Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
    Obtained H1-B visa and travelled back June 2003;
    Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;

    FURNISHED THE COPY OF THE H1-B PETITION in my response.

    Denial Notice was sent out today (have not received it yet).

    Is it possible that USCIS finds me ineligible for AOS based on:
    Normal Eligibility Standards of AOS under Section 245(a)
    Alien must be �eligible� for immigration; and
    Ineligible classes
    Alien was employed in the United States without USCIS authorization prior to filing AOS application;

    If so:
    1. Will I be able to do a MTR or an appeal?
    Or
    2. Is a lawsuit the only way to go since I will not be allowed to appeal?

    How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.

    P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.



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  • skd
    07-19 12:20 PM
    My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
    Is Tax Return for last 3 years is required document ?




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  • loudoggs
    07-31 06:51 PM
    My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?

    In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:

    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks



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  • Maverick1
    10-22 01:51 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.

    I think it is always better to come clean and withdraw one of the applications. It is not a good idea to let them REJECT one. They may have two different A numbers, but both are with same name and if you don't attend finger printing that might cause a bad remark (Who knows what happens behind the scenes :( ). Consult a good immigration attorney and follow his/her advise.




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  • bmoni
    08-19 09:25 PM
    Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.



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  • tabletpc
    08-27 11:46 AM
    I was under a foolish assumption that with pendidng PR for canada i can't appy for visitors visa. Good that i decided to clarify here.

    Will start working towards it....

    Thank U ALL....




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  • rbalaji5
    02-09 04:12 PM
    Hi Bojja,

    Do I need a canadian visa to go to Canada.?.

    Thnx.



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  • Munna Bhai
    10-15 01:44 PM
    Hello Friends,

    I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...

    1) Have a Job on H1B
    2) Received EAD.

    My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"

    Pl adice.

    Thanks much.
    PD: Feb 2005, EB2
    RD: 20th July 07
    ND: 17 th Aug 07

    Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.




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  • diptam
    06-30 05:26 PM
    Interestingly lot of folks like me are doing 485 on their own - because its NOT difficult. Its small Project and you have to get the Docs right and complete.

    Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?

    So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
    lawyer answering it.

    I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!

    I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
    Since the Visa bulletion is still showing current i have a right to do that.

    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....



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  • Canadian_Dream
    04-03 11:00 AM
    1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.

    2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.

    3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.



    Thanks for the information Roseball and CGS. That really helps.

    I take it that it is possible to get 3 years extension without renewing my passport.

    One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.




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  • alisa
    12-17 12:10 PM
    My Labor was rotting in BEC, and so I moved to another role, and will now have a PD of 2007 as a new labor will be filed, Rest of the world, EB-3......

    Got any predictions?????

    Mine are 1 year (if legislation goes through), to 12 years (if it does not.)



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  • pra945
    12-02 03:47 AM
    hello all,

    i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents

    Thanks,
    Praveen




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  • anilsal
    01-14 12:04 PM
    I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.

    Thanks again to everyone for the suggestions.

    Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.

    So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.

    You would have saved filing fees and medical fees.

    But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.




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  • raama123
    02-24 10:29 AM
    we are posting here to know the solution or how we can come out from the problem or possibility.
    can you think about yourself when you are saying to others?

    Thanks advancely.
    Raama




    Berkeleybee
    02-09 07:17 PM
    This letter is superb, we should include a copy of in our materials for lawmakers -- because it highlights the black box issue at the BECs

    best,
    Berkeleybee




    diptam
    01-26 10:45 AM
    If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....

    In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.

    Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!

    Good Luck folks!!

    In terms of processing dates, which date is relevant?
    USCIS Received Date: E.g., July 25, 2007
    OR
    USCIS Notice Date: E.g., Sept 12, 2007?

    Thanks.

    GG_007



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