Wednesday, June 15, 2011

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  • vicks_don
    04-18 10:34 AM
    I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
    Thanks.




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  • kumar1
    12-05 02:04 PM
    Mita, before you start your lecture, please explain your following idiotic comment....

    You made my day!!!!
    I was waiting for someone to spit venom at timesofindia but did not happen till today.




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  • nozerd
    01-15 09:52 PM
    Looks like the best bet for you would be to give the exam in either Houston or Dallas.

    I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.




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  • meridiani.planum
    03-06 02:28 PM
    My Company is switching me to EAD and will cancel my H1. Saying that H1 is more expensive to maintain... They'll pay for my EAD renewal also... Anyway don't have a choice here unless I switch...

    My question is that my lawyer told that Iam allowed to work up to 120 days post EAD expiry if EAD renewal is delayed... They'll file 90 days before current EAD expiry..

    Does this sound okay.. Anyone heard anywhere that its allowed to work upto 120 days of EAD expiry pending EAD renewal??

    you cannot work past EAD expiry. Does not matter if renewal is delayed. You need to stop working.
    You can file upto 120 days in advance of current EAD expiry. 90 days seems a little tight looking at demand (tons of July filers) but will probably be ok. Dont cut it any closer than that.



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  • usirit
    11-21 10:52 PM
    Unless their is a backdoor... If I decide to switch to my new employer and transfer my GC & H1B, it will be done again as an EB-3... I have 10+ years of experience and an Associate Degree... last year tried to obtain a Bachelor of Science in Business of Information Systems (BSBIS) but my actual employer stop funding so... I had to stop. :mad: New employer's attorney confirmed this.

    An EB-2:
    > Is a member of the professions holding advanced degrees or their equivalent; or
    > Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

    An EB-3:
    Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.

    Meridiani.planum: Thank you for your detailed description.
    Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.

    Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.




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  • Berkeleybee
    04-07 09:03 PM
    About the appeasability of Sensenbrenner check out :

    http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168

    My favorite bit is the one in where the article says about Sensenbrenner

    "Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."

    I very much doubt that he will be swayed by faxes. ;-)

    best,
    Berkeleybee



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  • chris
    09-29 07:31 PM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.

    If your name check cleared, you may have some hope.




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  • aillarramendi
    10-01 12:22 PM
    Is the PD for AOS same than Consular Processing??

    I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.

    So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?

    The PD is not current for EB3 ROW so, why the approved?

    Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?

    I don't understand why applications that are not current are getting GC approvals?

    Thanks.



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  • Marphad
    12-03 04:30 PM
    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!

    I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.




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  • swapnajay
    10-09 01:02 PM
    Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......

    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979



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  • camarasa
    07-12 05:02 PM
    "and why the hell discrimination against people from only 4 countries?"

    Oh please - what rubbish.




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  • mundram
    04-20 12:03 PM
    Recently, I was in the similar situation but with H4 dependents.
    Here was the response from my lawyer:

    "the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."

    The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.



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  • ushkand
    07-21 12:05 AM
    Thanks for the responses. I think I will call USCIS and inquire and just to be on the safe side will send in a G325A separately with a letter. Ofcourse, will try getting a response from my attorney's office too. Thanks again.




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  • sasidhar79
    09-16 02:37 PM
    I just signed the online petition to drop Dobbs, I hope everybody in IV will do it and help us get rid of this Hatemonger.



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  • amitga
    02-09 08:01 PM
    One day we will also get notice to leave US, just like doctors in UK have got.




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  • gxr
    10-12 09:50 AM
    Naresh/Libra,

    What was the LUD on your I-140 before you got the RFE ?
    In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.

    gxr



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  • EkAurAaya
    06-01 01:49 PM
    unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...




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  • dpp
    07-27 03:02 PM
    I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.

    I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.

    Please ask your attorney why he did like that.


    Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
    Is it OK.

    Please confirm.
    Thanks for the earlier reply.




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  • hopeful08
    02-26 12:16 PM
    If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.

    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..




    md2003
    08-15 09:19 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).




    vad
    09-17 11:53 PM
    Arnets reply is pretty comprehensive.
    The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:


    vinay

    disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.

    I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....

    they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.

    some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...

    they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).

    writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.

    if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).

    they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.

    regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.

    but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.

    good luck....:)



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