santb1975
12-08 11:13 PM
until I started tracking some immigration debate's this year.
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larmani
04-09 06:30 PM
If you are buying a new construction home from builder go with an agent the builder will pay 3% commission to the agent usually and you can get some $$ back from agent
WaitingYaar
01-18 09:00 PM
Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?
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nyguy25
05-01 08:35 PM
Can anyone confirm that only Driver License is required for this cruise? NCL told me so, but I�d like to hear from someone who already sailed. Also, do you have to go through Customs or Immigration upon returning? Any help would be greatly appreciated. Thanks!
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mvinayam
08-06 12:45 PM
Hi,
Any clues or guess when I-140 premium processing will be back. Need it asap inorder to file H1 extension :( .
Thanks
MV
Any clues or guess when I-140 premium processing will be back. Need it asap inorder to file H1 extension :( .
Thanks
MV
MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
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nkavjs
12-18 01:17 AM
Friends Hi:
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
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vin13
03-09 01:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
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shirish
09-11 11:17 AM
Any one who did not send the medicals with the I-485 application, got RFE yet?
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extra_mint
10-12 08:47 PM
Question is why make it mandatory ??
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
more...
desi3933
03-02 10:37 AM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
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nave_kum
09-12 04:33 PM
Just like *ranga*, *billa* also has a story.
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
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gc_buddy
12-03 12:52 AM
Good news..But, let us not stop our campaign until we hear something concrete from USCIS.
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webm
05-17 09:00 PM
Congrats!! dude.. good to hear something moving..
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Gigantic697
10-20 02:43 PM
Anyone guys...?
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
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jvordar
04-07 07:40 PM
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
more...
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dixie
07-03 10:18 AM
Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
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Lisap
08-03 12:27 PM
What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?
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billbuff123
10-24 12:12 PM
Hi,
I am in the same situation.
I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.
my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.
please let me know if we need to do any thing.. IS there any other way that I can add her or apply 485.
Just waiting for the dates to come
Thanks,
I am in the same situation.
I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.
my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.
please let me know if we need to do any thing.. IS there any other way that I can add her or apply 485.
Just waiting for the dates to come
Thanks,
eastindia
04-20 08:59 AM
I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.
wahwah
01-09 11:44 PM
i assume you're using cross-chargeability of your husband's country of birth.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
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