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  • raydhan
    01-31 11:17 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.

    bkam,
    Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".

    If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.

    Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
    Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.

    Think for about 5 minutes before you state certain things and type them here.

    Good luck.





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  • bidhanc
    05-11 12:50 PM
    Hi,

    I called npr at the "media relations" number and spoke to a Representative.
    He gave me the TALK number as mentioned above.

    Bidhan





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  • Sakthisagar
    05-03 11:32 AM
    Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.

    He replied with a hearty laugh. Well I don't know. we need to wait.

    I think no one is serious about Immigration bill now.





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  • navin80
    06-20 09:30 AM
    I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
    so, If I need to go back to him,

    1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08



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  • arihant
    10-16 01:23 PM
    If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.

    ~

    Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?

    This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.





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  • uma001
    04-22 03:40 PM
    Thanks a lot for the response.

    Fortunately my extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Processing Center : VSC
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approved Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.

    Regards.


    How long you been working at this client?



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  • us_employee
    02-09 05:39 PM
    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.





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  • jasmin45
    05-14 08:40 PM
    Here are the details.. you can determine if you fit in.

    EB2 Eligibility :-

    The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

    A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

    Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

    In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

    An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;


    Letters documenting at least ten years of full-time experience in the occupation being sought;


    A license to practice the profession or certification for a particular profession or occupation;


    Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


    Membership in professional associations;


    Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
    If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

    Application Procedures
    USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

    EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

    If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

    Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • sheela
    04-16 03:48 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.





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  • karthkc
    07-31 05:34 PM
    Hey thx a lot guys for all your help....
    To (M306M),
    The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
    Hope this helps....

    Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...

    As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)

    Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.

    Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..



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  • yabadaba
    06-26 01:28 PM
    once again^^^





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  • gconmymind
    08-14 12:58 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.



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  • bfadlia
    07-31 05:07 PM
    I was in Canada in 2001, had the approved I-797 but the consulate in Calgary refused to give me the visa stamp and asked i go back to home country to get it (Egypt)
    Even though I had no US education and people who do might have a better chance, but it is still only a chance, totally dependant on the mood of the consulate officer who has every right to refuse issuing visas to third country nationals.. i don't know why anybody would risk it if they don't have to.





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  • pd_recapturing
    04-21 03:23 PM
    Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
    According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.



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  • babuworld
    02-08 11:11 AM
    Hi,

    I filed it for my wife. Please follow the following steps

    1. https://efiling.uscis.dhs.gov/efile/ Register your by clicking on new user
    2.After Registering it will ask you to select with forms you want to file online.
    3. Select I-765 (EAD) file . Make sure you have the following information with you Passport number,Current I-94, DOB, A# number etc, H1B or H4 info ready.
    4. Once you fill the form , it will ask for credit card information.
    5. Once you submit the form . it will automatically generate LIN number for you.
    6. Please Post that form to TSC or NSC what ever center you belong.
    NOTE: Please do not post any other document unless asked by USCIS.
    7. You will get Recipt number in One week also you will get Figure Print Notice the following week.

    Hope this information will help you alot.

    I did efiling for Myself and we got Receipt Notice is one week. Figure Print in next week and EAD in 11 weeks.

    Good Luck!

    Thanks,
    babuworld.





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  • chapsi29
    06-25 12:57 PM
    The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

    Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.


    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.



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  • prioritydate
    08-14 12:26 PM
    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.





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  • software7
    05-27 11:34 AM
    I would like to share my I485 experience.

    1.Brief History and Denial reason.

    Did I485 interview at local office in Jan 2009.
    Got Denial notice stating that I485 filed when dates are not current.
    This is not true. Filed I 485 in 2007 July Fiasco.
    Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
    Got I485 receipt in October.

    it was denied due to clear error.

    2. Filed Service MTR with out filing Fee ( as this is service error)
    Did not get any communication for 3 months.
    In between took info pass couple of times and it did not help.

    Wrote letter seeking help of senator explaining situation.

    Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

    Did finger printing in May.

    Since dates are not current, I am not expecting any approval.
    AT least I am happy that. case was reopened.

    I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


    .





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  • Maverick1
    11-21 09:16 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    You give all of them (stapled together preferably). Make copies of all of them and keep for future.





    jagan13
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    Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.





    milind70
    08-04 01:42 PM
    Hi,

    My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
    I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...

    USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..

    thanks in advance..

    For 140 G 28 needs to signed by employer and lawyer.
    For 485 related g 28 neeeds to signed by applicants and lawyer.
    My lawyer asked for 4 copies of G 28