Saturday, June 11, 2011

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  • vaishnavilakshmi
    06-22 11:16 AM
    Hi,

    U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.

    Hope this helps u,
    vaishu





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  • va_dude
    02-17 04:31 PM
    Hi.
    Most of us who filed during jul/aug 2007 got our FPs done later that year.

    Aren't those FPs valid for only 15 months or so?

    So have folks started receiving their second FP notice yet?

    Thanks.
    va_dude





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  • jonty_11
    02-14 04:17 PM
    In the RIR system EB2 was MS + 3 and BS+5.

    If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole





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  • desi3933
    06-12 04:51 PM
    .......
    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
    .....

    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.



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  • validIV
    03-25 02:00 PM
    My advice to you, seek an immigration lawyer and don't play games with them, like you're doing here. If you are unemployed tell them. If you're not unemployed tell them. You are only hurting yourself by dancing around the issue.





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  • brad_sk2
    08-14 06:22 PM
    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.



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  • jayleno
    01-08 02:40 PM
    One more new option. As a successful business person, why not go for the investor visa EB5?
    By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.

    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime





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  • viper673
    11-14 07:15 PM
    Sent to TSC



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  • whoever
    09-29 03:42 PM
    Anyone have a clue?





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  • indianoverclocker
    06-30 08:20 PM
    Hi!

    My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.

    How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?

    Please advise.



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  • mallikonnet
    07-19 11:12 PM
    Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.

    we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.

    The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.

    Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.

    I think we have a looooooooooong road ahead to get our GC......





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  • EB3_SEP04
    06-30 10:35 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.

    Thanks

    I sent you a private message with my ph number.



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  • kopra
    02-25 11:21 AM
    Usually they dont create a big issue for H4 re-enty at Port of Entry. But time has changed, and the only thing you can do is to try.

    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..





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  • gc28262
    06-14 05:00 PM
    I wonder whether the author even worries about America's competitiveness. For him it is all about him, his citizenship etc. Lesser competition means better wages for writing 4 lines of HTML code. Why should he care about America and its competitiveness !



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  • PresidentO
    02-07 12:37 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.





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  • phigi
    08-19 03:33 AM
    that got me back my rights to Post messages. thanks Kannan



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  • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.





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  • paskal
    11-28 02:00 PM
    all members also need to provide contact info
    no annomymous members!

    we will be providing an update soon to trusted chapter members





    amitjoey
    11-30 06:12 PM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    Dont worry, IV is not a bureaucratic government organisation. Simply join the new state chapter and start working with them.





    rta2009
    11-25 07:38 PM
    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.

    Dear peacocklover,

    Thank you for your helpful answers.
    I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).

    May I ask one question to clarify your answer?

    It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.

    So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?

    (My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).

    Many many thanks :)
    Have a wonderful Thanksgiving.



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