Tuesday, June 7, 2011

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  • axp817
    07-05 11:31 AM
    Can these 200 please contribute to the agenda laid out by IV, instead?

    thanks,




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  • yabadaba
    12-21 08:22 AM
    ok that makes sense.




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  • memyselfandus
    09-25 11:09 AM
    can IV focus on this...instead of the recapture?

    am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!

    I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...




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  • murali77
    06-16 01:55 AM
    AMSGC

    Will this be a problem in name check process of I-485. I have contacted my lawyer and waiting on his reponse. If he gives me a go ahead I am going to fix it first thing monday morning.

    Thanks
    Murali



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  • jnraajan
    03-29 04:07 PM
    When I applied in June 07, I had the same issue. They approved it on July 3rd, when according to the revised bulleting, the numbers should have been unavailable. (Remember the Fiasco anyone). I guess they decided to use the old bulletin to give me 1 year extension and then the new bulletin to say, I cannot file for AOS. Nice going..




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  • yetanotherguyinline
    01-18 09:17 PM
    ^^^^



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  • smisachu
    07-05 07:29 PM
    I would suggest a hand gun. A .22 caliber is more than effective if it is a deterrent that you are seeking. The .22 does not have much range, but it is very small and has no recoil.
    A 9mm like a Glock is a little advanced but will need practice to use as it has quite some recoil. A .44 desert eagle or Magnum is going over board. You can go to a gun show near you so you can see and feel and learn all about guns before you go to a gun store.

    Please follow all legal rules when buying/owning and carrying a weapon. Please get trained well at a local shooting range. You can find information about a shooting range near you and about safety training at NRA (http://www.nra.org).

    A study shows that in the event of a confrontation with gangs etc it is more likely that you will be injured or die if you pull a gun as opposed to not pulling one.
    So do your home work and make an educated decission. Make sure you buy a safe for keeping the gun in your house especially if you have kids.Never keep the gun and the rounds together. If you are going to pack, make sure you go to your local police and let them instruct on how to carry a concealed fire arm. You will have to carry an empty gun in the glove with the rounds in the trunk for example.

    Finally my post is in no way advising you to buy a gun or use it. A disclaimer to cover my rear end. If you have any specific questions about gun models I can advice you if I know. I am a member of the NRA and has been using guns in sporting events for many years.

    For self protection.

    However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.

    For me Guns are like a computer is to my 90 years old Grandpa!




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  • anilsal
    12-21 12:02 AM
    Hi Msyedy,

    Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.

    Thank you,
    pradeep

    Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?



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  • kondur_007
    08-25 10:58 AM
    As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

    I agree with wandmaker above.

    Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.

    If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.

    You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.

    Trust me, this is a scenario where you really want the help from a good attorney.

    Good Luck.




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  • GlobalCitizen
    07-26 09:05 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • Rb_newsletter
    09-21 06:31 PM
    My previous employer got to know about this and sued me for stupid and fake charges.

    What was the fake charges?
    In which state you and your employer were then?




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  • riva2005
    03-16 03:40 PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?

    If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.

    If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.

    Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.

    I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.

    Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.

    Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.

    By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.



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  • PALLO
    04-22 12:05 PM
    thanks again




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  • anu_t
    06-17 01:31 AM
    I wanted to ask IV if there is anything we are doing for people like me.
    After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
    So If the bill passes I even can't apply for LC and so force to go back after 6 years.
    Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
    Are there ANY people left like me?



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  • hmehta
    09-12 07:20 PM
    Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.

    As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.




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  • gc_lover
    06-20 08:30 AM
    Friends

    Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process

    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!



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  • chanduv23
    07-05 12:50 PM
    Anti immigrants alerted politicians that giving EAD will flood job market and they must do something to stop this.

    Politicians do not want to lose votes in election - so they place orders to agencies to do thiss. Agencies though it is unethical must listen to politicians. Thats why they take the shot.




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  • transpass
    07-16 11:42 AM
    Can any one tell what is written on Eb3 I 140. I am assuming it will be
    Sec 203 (b) (3)
    but is there any text associated?

    This is my understanding, when I look the 140 form...

    You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...

    EB1--
    203(b) (1) (A) Alien of Extraordinary ability
    203 (b) (1) (B) Outstanding professor or researcher

    EB2---
    203(b) (2) Member of professions w/adv degree or exceptional ability

    EB3--
    203 (b) (3) (A) (i) Skilled worker
    203 (b) (3) (A) (ii) Professional

    Just My 2 Cents...




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  • SlipperyGC
    05-22 10:20 AM
    No mention on incompetence on part of DOL?




    Thiru
    09-22 08:43 PM
    I got email notification through e-mail my AP approval on 4th sep 2009.Not yet received AP document by mail.The processing center is TSC.Anybody in the same situation?




    WaldenPond
    06-29 09:04 AM
    Hello jkays94,

    Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.

    A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -

    “In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”

    “The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”

    At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.

    Thank you Randallemery.

    WaldenPond



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