Lunes, Hunyo 13, 2011

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  • Oct007
    12-13 09:57 AM
    Jawbreaker,

    Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
    (there are a few threads for Namecheck)

    If you are on H1B, keep renewing it

    If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.

    you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)

    budget money for EAD and AP renewals. Damn those are expensive now with the increased rates

    and If nothing happens in 15 months, get ready for one more FP appointment.

    check IV and other forums and help others with questions.




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  • gc_nebraska
    01-11 11:48 AM
    Siddharta ! My wife is a Canadian PR since 2 yrs and we live in the US, Can i apply for Canadian PR through spouse living in the US? Do you recommend any website for applications, is there any process please help.
    Thanks in Advance




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  • Queen Josephine
    June 13th, 2005, 09:33 AM
    Dave, I'm sure our macro enthusiasts will respond to your technical questions. I just want to say superb shots and hope to see more of your work! There are a lot of really great macro shots on dphoto (something I have not mastered, but admire tremendously). The detail is incredible in your shots!




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  • snathan
    08-04 01:09 PM
    He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.

    NOT True.. they will give and come after you just to deny/revoke it.



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  • satyasaich
    06-26 09:30 PM
    Dear Fellow IVians
    quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
    Big question is
    1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
    2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
    The entries for "Class requested" is shown as C09 in both cases, which i believe correct.

    Help:
    Has anybody received like this before? if it's normal, i'm not worried
    If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????

    Thanks in advance
    Satya

    Efiling EAD does not cause LUD on I-485. Guess something else.




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  • LONGGCQUE
    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    +++++++++
    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�


    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�


    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�


    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
    +++++++++



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  • HumHongeKamiyab
    12-17 08:29 AM
    If I cant find any (recommended lawyer) within Houston, I will go to him. But does he practice employment law? His website says " The practice is focused exclusively on immigration and naturalization law". I am looking for a lawyer to discus my non-compete clause.

    Appreciate your response. Thank you so much.

    He is based in Dallas,TX. he provided excellant service to me in my tough journey.
    www.naidoolaw.com




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  • snathan
    02-12 12:55 PM
    To Whom It May Concern:

    My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

    What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

    Please advise.

    Thank you so much for your time!

    If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.

    You never know. When you have back up why you worry.



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  • bekugc
    04-19 05:59 PM
    regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.




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  • JupiterTransit
    08-27 06:32 PM
    A friend of mine filed a few days before me and got his EAD a few days ago..from TSC.Hoping the July 2nd rush would not affect me by more than a few weeks.My lawyer is not able to confirm if the checks were cashed. I cannot tell if the checks were cashed either as these were checks from my company.

    The lawyer however mentioned that my premium processing check may return (I-140) and my application may have gone in regular queue. Everything is speculation for now..Any one else in the same boat or can throw more light...



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  • bestia
    07-16 10:58 PM
    Only I-485 is immigrant intent. LC/I-140 - are filed by the employer, it's not 'your' intent. Medical exams don't matter at all.




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  • priderock
    03-26 02:25 PM
    Interesting that no one earns less than $75 K. A slap in the face for Lou(sy) Dobbs (Jack A$$)who always refers us as CHEAP labour.



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  • americandesi
    11-01 12:32 PM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.

    A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.

    Any violation of H1 rules should be complained with DOL.
    Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.

    Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.

    If your employer doesn't oblige then
    1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.

    2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.

    Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.




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  • Prasad_FL
    08-02 11:33 PM
    Chennai consulate would take 1 or 2 days for processing. You can send an email to them or talk to VFS and request if they can re-schedule it for earlier date.
    Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.

    Chennai consulate took 2 days in 2005.
    Delhi consulate took 2 days in 2006.



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  • adi787
    12-02 09:11 PM
    Thanks for your replies....

    I was asking... 3 year extn AFTER 6th year... anyway.

    to kris04:: Was your case like you never worked for sponsoring company?




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  • abhijitp
    11-21 02:26 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    Sorry to hear this! Hopefully he will have no problems given the job market conditions (and the EAD, of course)!



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  • vin13
    01-08 03:35 PM
    I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies




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  • ashkam
    03-25 08:17 AM
    How come they cannot consider my EAD, Official transcripts, Graduate status letter?
    Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?

    You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.




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  • singhsa3
    07-25 03:55 PM
    That exactly my point too. Any unique protest idea should be shared among us and saved for future use.
    I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.




    fromnaija
    07-18 06:11 PM
    Photographs are not big-deal. USCIS will RFE for them.

    Hi,
    I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
    Even i am worrying what would happen with my application.

    LK




    transpass
    08-02 06:00 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.

    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...



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