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  • furiouspride
    08-10 06:57 PM
    Why would IV not support a bill like this? Wouldn't this not make all our current problems go away?





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  • ivgclive
    03-21 06:29 AM
    Only for the first time it is hard for you. Second time it becomes very easy.

    There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.

    Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!

    Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.

    :D





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  • posmd
    03-28 04:04 PM
    I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
    However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
    I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.





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  • malibuguy007
    02-06 05:38 PM
    I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.



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  • ajay
    03-14 09:30 PM
    Dear members,

    If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.

    We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.

    Please note the fax number

    Fax : (202) 403-3853

    or email the scanned copy to info at immigrationvoice.org

    Time is short and we need letters in the next couple of days if possible.

    I also just emailed.
    thanks.





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  • speddi
    10-05 10:43 AM
    Hi,
    I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.

    Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.

    Thank you for any kind of input.



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  • raysaikat
    05-04 12:30 PM
    Is there any way to link buying house and green card?

    I know EB5 is to invest $500,000 to get a green card.

    How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.

    I thought that that $500,000 (actually $1M unless the investment is in underprivileged areas) has to be personal funds, not loans. I do not think that there are many with personal funds close to that. Most people buy home with loans.





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  • msyedy
    12-13 12:35 PM
    Cons
    (a) How many EB visas will they increase in CIR?...
    (b) Will they allow you to file I-485 before your visa number is available.
    (c) How stable would be your job be in comming years
    (d) What year of your H1 B are you in.

    1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)

    1a) favourable ... 1b) -- ?????

    2) If Eb numbers increase a) allow you to file I-485 to get EAD.
    b) Eb num increases but no I-485 until date becomes current.

    2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.

    2b -- opposite to 2a

    3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
    current.

    b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then

    Your decision....

    I may be wrong but I need GC quicker



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  • Ann Ruben
    06-22 12:10 PM
    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.





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  • gdilla
    07-29 02:44 PM
    Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

    This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


    Hello everyone,

    I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

    Thx,
    Prabhat



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  • qtoask
    07-05 11:22 AM
    OK.. We have almost 200 Ready to send flowers...

    http://immigrationvoice.org/forum/showthread.php?t=6025


    1. The date will be July 10.

    2. Color of the flower is white (peace)


    Q1. Let us know Where to send....

    Q2. Also if you can pen 3 or 4 lines what message to send along with the flowers.





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  • smgms
    07-11 09:51 AM
    I would recommend get the report both for you and your wife.



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  • tabletpc
    07-30 09:13 AM
    Sad to know about u r situation and hope u will get out of it soon.

    Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!

    As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.

    You can port PD from Eb3 to any employment category.

    Did i answer u r queries...???

    Good luck





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  • Munna Bhai
    07-12 11:47 AM
    any more help??



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  • frostrated
    06-18 02:35 PM
    My current visa status is I-140 approved, I-485 pending, EAD and AP approved.

    I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.

    if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.

    In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
    By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
    By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.

    Check with your lawyer before you do anything.





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  • desi3933
    06-18 12:26 PM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.

    ----------------------------------
    Permanent Resident since May 2002



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  • GCNaseeb
    11-15 08:52 AM
    When we went for our Biometrics, all our FP Notices were misspelled. We informed the bio technician and she corrected on their system there itself.
    After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)


    My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.





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  • CCC2006
    09-11 03:54 PM
    Hi All,

    I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.

    I tried calling the lawyer but they say that nothing has come up either.

    Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.

    How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.

    Hoping for the best.





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  • krishmunn
    04-07 02:18 PM
    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.

    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.





    kevin08
    03-19 07:36 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.





    bbenhill
    11-16 12:52 PM
    I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

    Thx



    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.



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