Saturday, June 11, 2011

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  • qisolu917o
    03-22 10:06 PM
    experience is the extract of suffering.I was grateful to Daddy for coming to rescue me when I broke my leg. He also came home from work a time or two to try to talk Mother out of spanking me when I did something wrong. At the beginning of their marriage he really tried to be there for me. I remember once he even took me on the train to St. Louis to see the Cardinals, then our nearest major league baseball team. We stayed overnight and came home the next day. I loved it. Sadly, it was the only trip the two of us ever took together. Like the only time we ever went fishing together. The only time we ever went out into the woods to cut our own Christmas tree together. The only time our whole family took an out-of-state vacation together. Come and buy cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! There were so many things that meant a lot to me but were never to occur again. Roger Clinton really loved me and he loved Mother, but he couldnt ever quite break free of the shadows of self-doubt, the phony security of binge drinking and adolescent partying, and the isolation from and verbal abuse of Mother that kept him from becoming the man he might have been.One night his drunken self-destructiveness came to a head in a fight with my mother I cant ever forget. Mother wanted us to go to the hospital to see my great-grandmother, who didnt have long to live. Daddy said she couldnt go. They were screaming at each other in their bedroom in the back of the house. For some reason, I walked out into the hall to the doorway of the bedroom. Just as I did, Daddy pulled a gun from behind his back and fired in Mothers direction. The bullet went into the wall between where she and I were standing. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) I was stunned and so scared. I had never heard a shot fired before, much less seen one. Mother grabbed me and ran across the street to the neighbors. The police were called. I can still see them leading Daddy away in handcuffs to jail, where he spent the night.





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  • paskal
    07-14 03:50 PM
    Unfortunately this is nothing but an extension of the current program which is set to expire again. There is an expanded Conrad Bill with several co spnsors waiting in the wings and efforts are continuing to find a vehicle for it. As always we are up against "CIR only' and "nothing goes" legislators from either party who command significant votes together despite their opposing stands on immigration.

    The health care reform bill, if it sees light of day may be one such vehicle. In the meanwhile we need you to contact your legislators and inform them of the issues. Take copies of the bill and explain its benefits. This will be invaluable if the bill does come up.





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  • lazycis
    10-05 11:15 AM
    Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.

    Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
    I would also advise her not to leave the US until she gets an approval.





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  • nixstor
    04-03 04:45 PM
    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

    How many days ahead can one apply for the EAD now? Is it still 120 days or Is it 90 days now?

    Thanks



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  • adibhatla
    10-09 04:18 PM
    ROW CHINA INDIA MEXICO PHILIPPINES

    1st C C C C C
    2nd C 01APR05 22JAN05 C C
    3rd 01JUN02 01JUN02 22APR01 01JUN02 01JUN02





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  • satishku_2000
    08-10 01:40 PM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.

    RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.

    Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process



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  • northstar1
    07-26 03:57 PM
    My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

    I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?


    From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.

    This is MY understanding. Not sure if it is totally accurate.





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  • vrkgali
    12-17 08:55 AM
    http://www.rvreddy.com/



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  • gk_2000
    05-04 01:32 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!





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  • starving_dog
    09-01 09:39 AM
    That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.

    I wanted to start this thread in members only, but it wouldn't let me.

    Thanks.



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  • Saralayar
    12-12 05:18 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and file gathering dust waiting for visa number.

    On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.


    P.S : If you are an advanced degree holder born in India. Hahahaha.

    GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)





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  • another_wei
    05-01 02:07 PM
    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?



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  • amar123
    07-29 12:37 AM
    I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.

    Ah, now this brings up interesting questions, where is your 485 being processed?:o

    If it is texas as per your profile, then , maybe only NSC had the update?





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  • pcjandyala
    08-09 01:20 AM
    am also in the same boat



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  • immi_enthu
    08-20 06:10 PM
    Hi,

    Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.

    Thanks


    are you referring to this :

    http://www.flcdatacenter.com/CasePerm.aspx





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  • rbharol
    08-30 12:29 PM
    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?

    May or may not be.
    That is the reason that PERM labor certification requires employer to provide proof that enough advertizing was done and no US citizen was qualified AND willing to accept the job, before deciding to go for an Alien.



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  • GreeNever
    02-08 02:23 PM
    How about leveraging the Ministry for Overseas Indian Affairs too? Though the content does not necessarily reflect conditions in US, it still seems to be bang on here (in light of Pres.Bush's impending visit to India) :



    ........
    New Delhi: Problems being faced by Indians working abroad will receive special attention, Minister for Overseas Indian Affairs Vayalar Ravi said listing his priorities as he took charge of the ministry in New Delhi on Monday.

    Ravi, whose assumption of charge as Cabinet minister is expected to lend high profile to the year-old ministry, said he would also make efforts to bring "further improvement" in the functioning of Indian missions abroad in relation to workers.



    "Indians working abroad do face problems. There are persisting problems. My first priority will be to look after their interests and protect them," he told reporters.

    Observing that about 25 million Indians were currently working abroad, he said the problems are particularly faced by Indian workers in Gulf countries.

    The minister said addressing the issue would include sensitising the missions with regard to problems of Indian workers.

    "Although the complaints [about attitude of the missions with regard to immigrant workers] have come down, there is a need for further improvement in their functioning," he said.

    Emphasising that his ministry would be working with the external affairs ministry, he said he would make efforts to ensure change in labour laws in the countries where Indians are working.





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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!





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  • kothuri
    06-10 10:53 AM
    I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.

    Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.

    Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.





    desi3933
    04-07 06:57 PM
    ......
    Finally secured the job with 3 offers from 3 top companies
    ......

    Congrats!

    _______________________
    US citizen of Indian origin





    jthomas
    02-21 04:12 PM
    If you have EAD and have stayed in this country for some years, why don't you try to get unemployment benifits by going to the county office. Secondly, there are more people in this country like you who had lost the job. check the welfare section and check for foodstamps. There is no reason to run back to your country. Face this oppurunity rather than running back.
    I would advise you to save money for the flight ticket and other expenses as cash in hand and go to the county for help. Use your rights. In the worst case go back to your country.
    If you wish to go out of US for 3-4 years, the best thing to do is close the accounts. If you don't have direct deposit of your paychecks in your account you would need to pay account maintenance fee. I paid 10 dollars as account maintenance fee for 6 months.



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