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Monday, June 20, 2011

attitude quotes

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  • fcres
    07-25 02:46 PM
    If we are notarizing a BC affidavit in US, can i get it notarized by any notary or do i need to go to Indian Consulate?





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  • venetian
    07-06 11:44 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.

    Thanks.





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  • ita
    01-23 08:30 PM
    Suggestions.

    1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

    2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
    It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

    Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

    Example of EAD/AP anxiety:

    AP document says that it should be used for emergency travel. This rule on AP
    was formed at a time when 485 processing would take not more than 6 months.
    In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
    I guess we are supposed to have a proof of emergency travel.

    Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
    With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

    When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

    Suggestion
    Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
    This would save money/time for the applicant and lot of time for USICS.

    Thank you.





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  • GC Struggle
    03-10 11:02 AM
    Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps

    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.

    Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?

    First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)

    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?

    Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case

    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    No idea on this..

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months



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  • mbartosik
    12-13 04:16 PM
    The date in my I94 was entered as being 6 months before the date of entry (he got the year wrong). I being jet lagged didn't spot it until after leaving the immigration hall.

    To cut a long story short, in the end an immigration officer at the same port of entry just hand corrected it and wrote his badge number against the correction (no updates in the computer). I had begged for a new I94, but that wasn't going to happen.

    In the end to avoid risk of any more delays with H1B renewal etc, I just took a trip to an airport in Canada and didn't even leave the airport. That got me a new I94 (for cost of $250 airfair). My bother was that a hand corrected I94 may look suspicious to someone and that slows down a future application, and what is the cost of more delays in applications?

    So my advice is, ask an immigration officer at a convenient place for you to correct it. However, if you are going to use it on an application (like I140 or H1B renewal) then just leave and reenter. It depends on costs, a day off work to go to somewhere where they could issue a new I94 cost more than a cheap airfair to Canada for the day at a weekend. Also compare with the risk of a delay while they check on a hand corrected I94, if they ever bother. My attorny thought that I went over board, but he is not the one waiting and waiting!





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  • alex77
    10-08 02:12 PM
    Thanks. Any response/LUD on your 485 after your letter to confirm they did revoke G28?

    I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.

    Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.

    Look for my previous post related to this and you will find the sample letter as well.



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  • ARUNRAMANATHAN
    05-22 08:41 PM
    If we have a new Merit based system introduced

    Does this mean that No more PERM and i-140 ?
    Just the Merit Based System and Port PD to that system ?

    Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....

    I am in the same situvation have to change firm ...from A to B with approved 140 from A.

    BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !

    Arun





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  • WaitingForMyGC
    02-28 03:45 PM
    Guys, I have recurring contribution setup thru my bank account but since last 2-3 months my payments are being returned from IV. Any idea, what could be the issue?

    I am sending my contributions to below address

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    Let me know.



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  • fromnaija
    07-25 12:20 PM
    You don't sign I-140, your employer does. Only exception - self-petitions.

    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?





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  • pansy
    05-14 12:29 PM
    Initially I paid all the fees for I-485 and EAD filing. Now I need to renew my EAD, who should pay renewal fees [Employee or Employer]. Employer paid for H1B expired in March'08. Current EAD will expire in Sep' 08.:)



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  • sk2006
    08-19 12:29 PM
    OK.
    I got the magic mail today welcoming the new permanent resident.
    It talks about ADIT processing(see below).
    What does this mean?

    I haven't received "CARD PRODUCTION ORDERED" email.
    It is normal?


    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 18, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



    (PD sep 2004, Nebraska, USCIS receipt date: 7/27/2007, notice date : Aug 20, 2007.)





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  • ca_gc
    05-14 05:23 PM
    Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.



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  • DirCls
    07-15 08:05 AM
    They are entitled fro thier opinior and so are we as immigrants.
    We are doing a great job so far, but have to do better.

    Long live IV Core and its members!





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  • mirage
    04-08 03:01 PM
    For EB3 India 7% of 85,030 = 5903. And still Dates are stuck in 2001. I don't know what it take to move it to beyond 2002-2003 ?
    I'm afraid if there are 100K EB3 in 2001-2004. Why doesn't USCIS come up with such statistics..



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  • thomachan72
    01-13 05:20 AM
    Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.





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  • GreenCardLegion
    03-01 05:21 PM
    Give us all more detailed info on your GC process. You say 485 stage and PD Mar 2003 from India but is your labor approved? Is your 485 filed and pending? is your 140 approved? Anyways

    For H1 if you have had 20k for one year then that might be an issue. The issue here is the prevailing wage criteria must be met for any particular year for your geographical area. There are 2 things:

    1) If you employer resides in a different state than your working state then you would have had to have a valid LCA for the geographical location where you actually work.

    2) For your geographical location DOL will have a set prevailing wage for your occupation listed on your LCA and that wage (ex: 43000$/year) must be met atleast. Even if employer had said he will pay your 60K in H1B or LCA and even if he pays atleast the prevailing wage for that area for any year then there should not be any problems. If that is not met then there will be problems or might be problems. Please consult an expert attorney to handle this.
    Good Luck.



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  • ras
    05-30 01:31 AM
    From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

    Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

    Hope that helps...

    Sure that helps...

    I didn't get what the below means

    "this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."





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  • MatsP
    January 31st, 2008, 03:59 AM
    The idea of buying a used camera is based on the fact that once you have played a bit with "your own camera" you have a much better idea of what you like and dislike about particular features. If you spend a lot of money (most of what you can afford) then you don't have any spare for "improving on what you got". If you get something similar but a lot less expensive, in the "bargain basement", then you know what it's like, and you can get the "new model" when you have saved a little more money.

    Mark's (Swartzphotography) suggestion is another good one - most digital SLR's are never "used up" - there isn't much that can really go wrong, as it's 99.9% electronics, and that's either completely broken [immediately obvious] or it's working right. Aside from ones that look like they have been used by a pro for a long time [look for big scratches, scrapes and worn off paint on the corners], it should be fine to buy a used one. For example a Canon EOS Digital Rebel or Canon EOS 10D, or Nikon D70.


    --
    Mats





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  • abimanyu
    09-11 07:10 AM
    My significant other's labor processing begain in DEC 2002, the application was made in Jan 2003, and it reached the Dallas BEC on July 2003, here labor was certified on Aug 2006, and we received notice from the lawyers day before yesterday. Now the next wait begins, for PD to become current.

    It took 3 years for the 1st stage processing, maybe it will take another 6 years to complete the 2nd and 3rd stage processing. If this trend continues I might be ready to retire by the time the GC arrives.:)


    After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
    If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
    One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.





    pmat
    08-30 04:57 PM
    Dear friends

    I'm very excited to say that I got my green card approved. Thank you for all of your support.

    My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.

    Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!


    thanks
    babu


    Congratulations ;)... Thanks for continuing to support IV.





    sherlock01
    10-16 07:54 PM
    Can you please send the format of the letter you faxed? Did you include a letter from the employer?

    I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:


    I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.

    Hope this information is helpful to someone in similar boat. Below are the fax numbers:
    (214)962-1454
    (214)962-1450
    (214)962-1415
    (214)962-2632



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