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  • H1B-GC
    06-25 09:37 AM
    Do we need to send a Copy of previously approved AP Document along with other Documents for AP Renewal?





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  • BharatPremi
    07-06 12:51 PM
    I would not worry much about whether we receive our package back or not. Because If USCIS is "rejecting" then how would you/your lawyer know that it has "rejected" it unless it sends the crap back. So legally USCIS HAS to return /mail back to you otherwise it will face another lawsuite. The real question is How it will reject it? Would it open a package and check for insufficient/improper documents and put a note about it and then reject it OR just put a note of rejection on closed envelope and returned back without opening it? In second case we are absolutely fine as far as second time filing is concerned but guys in first scenario if you really send insufficient documents/improper documents then your case may be screwed permanently for second time filing. Actually people MUST ask about this to their lawyers before jumping into the bandwagon. I have asked and waiting for my lawyer's response.





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  • lskreddy
    01-13 02:43 PM
    these movements are not really worth anything.. it has to overcome that resistance
    ..

    Dude, these are not stocks where resistance and support play parts, it is USCIS/DoS. All they offer: resistance from with-in with no support to its customers. I am surprised you are still trying to find a pattern/curve. At best, it can be represented by a squiggly line my nephew draws..





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  • getgreensoon1
    04-20 12:07 PM
    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.



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  • seekerofpeace
    09-11 10:05 PM
    Do you want to have similar polls on:
    marrying
    buying a car
    having children...

    There is something which is personal...buying a house is one such...opinion poll shouldn't decide that....GC or not if you feel like buy one...

    We went thru the same decision 3 years back but not buying a house was one of the best decisions....the best way is to ask people who are selling houses....in the northeast it is a hell to sell houses.

    My suggestion if you are a medico or a lawyer go ahead....but being attached to the tech sector is no safety net for buying a house....I have had friends with 300K take home file for bankruptcy in this economy after both members loose very lucrative jobs....just a statistic...by 2010 more than 50% households in the USA will owe more for mortgage than their houses net worth.....

    Again it is an individualistic decision....go ahead if you feel confident...two things you must make sure you are in the house for at least 3 years....tax savings are no security...house tax and work on the house do add costs up....

    + House in USA is no longer an equity proposition but a liability...

    SoP





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  • rockstart
    08-04 11:03 AM
    Same with one of my friend - his PD is EB3 2005 India - he never received his FP as yet and is just planning to wait it out. Gets his EAd and Ap renewed regularly.

    I know 2 friends who filed in July 07 and got their FP notice last month. The explaination they got was their applications were struck in name check and once that was over they issued FP notice. This was news to me.



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  • kaisersose
    07-09 11:29 AM
    I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.

    Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion

    Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.

    It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.

    AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.

    Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.





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  • zen
    04-02 12:09 AM
    Why are trying to wake up folks who are pretending that they are sleeping?

    Let them pretend.

    This was the same guy who said FOIA can be hung on wall like an art frame because he does not need the data. He does not care a rat's ass if you care about the data or not. When I mentioned that FOIA can also be used for making a presentation to the lawmakers on how deep the retrogression is, FOIA is ok and good. Because, it will possibly benefit him

    Me! Me! Me! Me! Alllll ME!

    Give me my GC IV! I will give you 25-50$ depending on my mood. What ever!
    IV needs to come out with a action plan or tell what it intends to do with the donations. once they are more open, donations will flow. I know IV is non profit org but that does not mean that funds cannot be misused. (I need more red dots please :))



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  • aadimanav
    08-22 10:42 PM
    I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.

    The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.

    To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000


    To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.

    Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)

    Thank you.





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  • coolrajm
    11-06 03:18 PM
    My friend sent me through wire transfer. I think bank was HDFC.
    He had't get RBI clearance or anything and he sent under maintenance category or something like not sure.

    It was done in 2005 not sure rules are changed lately.

    Hope this helps



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  • learning01
    04-26 07:10 AM
    Two days back I searched "Immigration Voice" and "immigrationvoice.org", it gave no results. As I posted in this thread (http://immigrationvoice.org/forum/showthread.php?p=9527#post9527) here on IV, I suggested that we should modify the meta tags of IV site and expose them to search engines.

    While I am awaiting those changes, I did the same search again at Google. The first 2 results are for immigrationvoice.org

    This is indeed a transformation.

    Search Google for Immigration Voice (http://www.google.com/search?sourceid=gmail&q=%22Immigration%20Voice%22)

    Search Google for immigrationvoice.org (http://www.google.com/search?hl=en&lr=&q=immigrationvoice.org&btnG=Search)

    Readers, click each of the above links and see the results for yourselves (and improve the search rank, by clicking)





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  • stuckinmuck
    05-14 12:26 PM
    chandrajp, many times it's not because of rules. It is common courtesy to go to a cafeteria if one is available. Smell of Indian food in general (it's a fact not criticism) may have a distracting effect in a work location so it should be eaten in a cafeteria (if available). Also, we need not emulate other people's lack of courtesy and do the same thing (like some people quoted Americans eating burgers in their cube). If we have the option, we should eat in the appropriate location.

    In addition, with respect to discrimination, I do not condone it at all but we need to do a reality check for ourselves as well. I have never worked in India since I left the country 10 years ago but my friends working in India have told me how their managers have humiliated them by speaking in a regional language in meetings that they didn't know. So wherever there is a difference of culture, language etc., unfortunately human beings tend to behave the same i.e. discriminate against others who are different from them. For example, how do we explain the 'Fair & Lovely' ads? It's blatant discrimination based on skin colour.

    Discrimination should be done away from every aspect of life.



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  • WithoutGCAmigo
    06-18 11:43 AM
    Another important question is: Will USCIS allow AC21 without an approved EAD?





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  • paragpujara
    07-19 02:03 PM
    (EB2 - 02/05) / Reached NSC on 2nd July Via DHL at 8:30 am



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  • whiteStallion
    05-27 04:20 PM
    Lets hope for the best on this bill !





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  • sri1309
    05-09 09:37 AM
    Best way to get more immigrants to participate in advocacy efforts by immigrationvoice.org for legal immigration is by communicating to international student organizations of various universities around virginia, maryland, washingtondc,west virginia north and south carolina. Arranging busses for the students is not a bad idea. Students once convinced why they need change in current immigration reforms for employment base legal immigrants will participate in huge numbers to attend the advocacy efforts done by immigrationvoice.org as they have more time in hand

    Good idea, I already passed this info to 10 universities with my contacts.



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  • GC08
    09-12 08:54 PM
    How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.

    This is just so unfair.

    i can not put in to words just how anoyed i am right now.

    Because they are a bunch of idiots... just count how many stupid and possible unethical things they have done. They were lucky that nobody in those agencies was fired after the July fiasco.





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  • snehaledu
    04-16 12:26 PM
    And the point of this entire thread is?????
    Start investing money in India.
    r u IV Policeman? Can I see your badge?





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  • vinodp1978
    06-28 01:53 PM
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old





    Techieforever
    08-11 11:11 AM
    Thanks NRK is that number same on our receipt? I am sorry but can you tell me how to get a live person...





    ars01
    07-09 01:36 PM
    From the same memorandum:
    "Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."

    One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf