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  • itsjoe
    07-20 12:21 PM
    Hi All,

    First off, thank you for taking the time read this.

    Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.

    Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.

    Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.




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  • MCQ
    11-19 01:12 PM
    ESTA is valid for 2 years - you only need to do it eithere every 2 years or when your passport expires - whatever comes first - my sister in law is using it to come to the US next week for Thanksgiving and had to sign up for the ESTA a couple of months back when she booked her ticket.

    Only thing is it's for Visa Waiver countries at the moment - although I suspect that they would extend it to anyone who has a visa at some point. I believe that's the same thing that the Australians do.

    hope that helps.
    McQ




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  • India_USA
    07-28 08:23 AM
    so many complications, so many rules to know - we might as well be immigration attorneys!! we (or at least some of us) pretty much know more about the INS and immigration laws than the average immigration attorney :D




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  • Blog Feeds
    03-31 12:40 PM
    AILA Leadership Has Just Posted the Following:



    Just when you thought it couldn't get much worse.

    Now we are told that ICE agents grab mentally ill immigrants right from mental hospitals, ship them off to a Texas detention center without word to family or counsel, and deport them. Could ICE's behavior be any more horrific?

    The latest ICE outrage against immigrants has been released in a study conducted by Texas Appleseed, a public interest law center, and Akin Gump, a corporate law firm, and documents ICE's mistreatment of mentally ill immigrants at every stage of the deportation process. http://nyti.ms/atZYsB.

    The report is just the latest in a stream of countless stories of neglect, abuse, and deaths of detainees in ICE detention. Some tales fit neatly into the annals of the world's most oppressive regimes, including the plight of Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed by ICE officials while writhing in agony in his own vomit on the floor of a New Jersey detention center, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died, (See Secret Horror Stories: ICE Officials Hid The Truth About Immigrant Deaths In Detention http://bit.ly/4tdHDt).

    Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. But in light of the continuing reports of deaths, abuse, neglect, cover-ups, and other corruption, it is beyond dispute that the ICE detention system is a national disgrace. DHS should not tolerate even a single case of abuse or neglect of a person in ICE detention. The poor treatment of the mentally ill should also be viewed in light of the recent March 27 Washington Post article revealing dissension at top levels of ICE management. Napolitano and Morton are now suffering from a credibility gap. They must demonstrate clear and forceful leadership if they want to succeed in implementing the priorities and reforms they announced months ago on enforcement. All Americans are entitled to be secure in the knowledge that individuals detained by ICE will be treated humanely, and in accordance with applicable detention standards.
    https://blogger.googleusercontent.com/tracker/186823568153827945-8890484200926259884?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/immigration-detention-gone-rogue_31.html)



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  • ArkBird
    10-16 01:20 PM
    Unless you serve in Armed Forces




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  • deba
    06-12 04:39 PM
    Whoever you choose, please do not go to Keshab Raj Seadie. His office is at 146 West 29th Street, NY. Phone: (212) 571-6002. Aptly named website: greencardmaker.com should be renamed greencardsucker.com

    He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.



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  • amitjoey
    01-26 10:56 AM
    This clearly shows - that this article has been at the behest of /or lobbied by the business community and industry leaders.
    Because all they want is more H1-B workers. If we put in the same effort to talk about EB - and greencards and educate reporters, we would have articles written that would highlight our concerns.




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  • LegalIndianInUSA
    09-10 11:01 PM
    Apologies if this is covered in a thread elsewhere (doubt it)

    A colleague and I both filed EB2 PERM labors at around the same time in 2005.
    Our 140s got approved roughly together too/
    We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
    Both of us saw our checks get encashed on the same date.

    Here's where our applications diverged.
    He received an LUD last friday and his EAD card has been ordered.
    I received an FP request today(monday) but no LUD updates.

    Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
    It makes total sense to split people into two groups (atleast), and for each:
    a) send them EAD cards with a note of FP pending.
    b) send them FP notices and do their EAD later.

    (I know another friend who is in group a, while I'm in b)

    Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.

    So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
    This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
    :)



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  • TheOmbudsman
    06-14 10:27 AM
    That's expected. The CIR contains highly controversial language there dealing with illegal aliens, which is clearly opposed by the majority of Americans. We are in the middle of it. That is it. It is silly expect otherwise. If you follow the results of last elections, you will see that there is a tendency that supporters of illegal alien legalization are losing. More and more we associate our provisions with CIR, less chances for us to see a bill passing.




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  • jville
    10-29 04:31 PM
    I am planning to file a Fed Court case against USCIS for incorrect denial of I148 with AC21.
    Appreciate if have any input/info on below,

    1. How much typically a Fed court case cost?
    2. Any recommendation of good attorney for this?
    3. Any other information/input



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  • imneedy
    08-13 03:46 PM
    You will get your I-20 stamped with the start date. Also there will be a approval date on your I-797, which would be when your status becomes effective.




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  • looivy
    05-15 01:07 PM
    I am looking for a cheap lawyer in Chicago area who will be willing to do basic paperwork for Canada immigration. Please suggest.



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  • smuggymba
    05-16 12:35 PM
    Hi,
    I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
    Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.

    Pls reply

    u can leave and come back on H1 with new stamping..no problemo.




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  • glus
    10-25 06:11 PM
    Hello,
    Do not worry. This sometimes happens, that when a change of status is requested and approved the SSA is unable to see the change in their system. If your H4 to H1 was approved you should receive your Social Security card within a month. I have seen this many times.



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  • dealsboy
    08-19 01:38 PM
    Based on the knowledge I have.

    1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?

    If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.

    2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?

    They have to file a new H1B for you.

    3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application

    GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.




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  • LegalIndianInUSA
    09-11 03:11 PM
    Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)

    Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.

    I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.

    So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?

    Thanks,



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  • needhelp!
    11-12 06:29 PM
    Sent.
    All, please do this. Lets stop this trend before it comes and bites all of us.




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  • ras
    06-30 06:28 PM
    Here is a memo from one of the law firms, I found on the net.
    http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??

    Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.




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  • newuser
    10-13 11:15 AM
    I did meet the 7th district lawmaker recently. Let me know if I can be of any help.

    Willing to join again if you don't have the no's




    gc_lover
    06-22 10:04 AM
    Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?

    Thanks

    You mean photocopy right? If you have scanned copy then print it and send it to USCIS. I don't think they require it in original.




    snathan
    08-19 02:02 PM
    Hi Gurus,

    I am in company A on H1B and doing H1B transfer to Company B.

    Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.

    if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009

    Get the receipt notice and join them.



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