Saturday, June 11, 2011

quotes about keeping it real

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  • hibworker
    11-04 11:02 AM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.

    Hi,

    My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying

    the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.

    Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).

    Can some one please help me to find my case is wheather it is EB2 or EB3?

    Thanks in Advance.




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  • kaybeedee
    11-05 12:06 PM
    My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.

    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.

    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485

    Many Thanks !!!




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  • CaliHoneB
    05-04 07:37 PM
    Hi Guys,
    In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..

    From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..

    I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
    I request IV to incorporate this in their agenda.

    Cheers




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  • map_boiler
    06-28 10:57 PM
    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?
    NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
    You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this

    I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.



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  • hkimmi
    09-25 03:31 PM
    GC4ALL

    I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand

    You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.

    Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
    Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.

    Gurus please confirm this �, I hope lot of people might be waiting to hear this �




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  • sridharnarasimha
    04-09 08:32 PM
    I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.



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  • anu_t
    05-09 05:29 PM
    coolgc thanks and appericiate your responce.and Thansks for not misunderstanding. My spouce has just completed masters. and may probably do Phd in near future . :)
    mpillai ,Got it now. I couldn't think of that point before. I myself 'm eligible for Eb2 but had to file my GC in Eb3 due to rules/regulations and very conservative giant company.




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  • Happyday
    06-29 09:48 AM
    Reminder: Those living in highrise apartments or large apartment complex should put up the names of their family members on the mail box such that the green card mails are not returned to the USCIS. Under the current USCIS policy, the U.S. Postal Services are not permitted to deliver the USCIS enevelope with "Return Requested" red stamp other than the specific individual named on the envelope. This is particularly true with the green card delivery.



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  • TomPlate
    03-07 10:41 AM
    hello;

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks

    The important question you have is about marrying girl?
    Stay in h1b and get your spouse h4 after marriage.
    When you do not have h1b there is no way to bring her.

    I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.




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  • amslonewolf
    05-16 10:44 AM
    But wasn't there a recent update that USCIS will be using USPS delivery confirmation service to send out cards..

    USCIS - USCIS Improves Delivery of Immigration Documents through Secure Mail Initiative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ecdd8ae14af210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    From Oh Law Firm -

    05/02/2011: USCIS Secure Mail Initiative for Delivery of EAD, AP, and Green Cards by Priority Mail with Delivery Confirmation

    USCIS has just released information that under a partnership with the U.S. Postal Services, USCIS has fully implemented the Secure Mail Initiative (SMI), which uses U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner. The SMI reportedly enables USCIS to confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. With USPS tracking information, USCIS customers can easily stay up-to-date on the delivery status of their documents and USCIS can confirm that these essential documents were delivered to the proper address. SMI provides USCIS customers many benefits of ability to track the status of their documents through USPS tracking system, quicker delivery documents through USPS Priority two to four business days sooner than with first-class mail, average three days, and customer's ability to contact USCIS�s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status "two weeks" (but not earlier) after getting their approval notice in the mail. For the details, please read the USCIS release.
    It is, however, not clear the meaning of "Delivery Confirmation." Currently, the USPS uses two delivery confirmation options, one option requiring signature of the receiver and other option not requiring signature upon delivery. If it is the former, the customer should make it sure that the receiver is present to sign the delivery confirmation. As soon as this is clarified, we will post the information.



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  • eb3_nepa
    02-03 12:52 PM
    Hi guys,

    Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.

    Admin can we make this Thread a STICKY one?

    Thanks




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  • vin13
    01-07 02:20 PM
    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.

    If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.



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  • trump_gc
    07-05 03:21 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine




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  • thomachan72
    03-28 01:51 PM
    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.



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  • deafTunes123
    09-04 01:28 PM
    My Lawyer sent a letter explaining to port from EB3 to EB2. He attached both the copies of the approved I-140s. btw. my new approved I-140 has the priority date of EB3. Lawyer request to port the PD from EB3 to EB2 at the time of I-140 application.

    He also mentioned the A# no.s in the Cover Letter.
    Also my Approved I-140 has the A# printed in the beneficiary column.

    Hope this helps.

    I am hoping that PD is ported successfully.

    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks




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  • transpass
    08-14 06:46 PM
    Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.

    Is red dot more important than getting answers for your situation? Why do you care dude? :D



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  • MTsoul
    07-21 10:55 PM
    Microsoft had better bundle the Silverlight plugin with Windows 7. And it had better be available on bloody Opera. Great platform as I see it, terrible penetration right now.




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  • Keeme
    06-25 02:15 PM
    ^^^^^^

    Excellent initiative ! Let's do it !




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  • txh1b
    08-18 09:32 AM
    Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.

    http://www.uscis.gov/files/form/I-765instr.pdf

    If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.




    alex99
    09-28 09:03 AM
    Can the employer sue me with a Faxed copy(Signed by me on the Company Letter head.

    Is this a Valid Legal Bond?.




    Phogs
    08-27 04:19 PM
    I went to AZ-DMV showed them my I485 receipt. The representative didn't know about the new ID law that this is enough as a legal document. I need to asked for the supervisor to get my license renewed.



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