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  • vinodmp
    02-11 03:07 PM
    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .

    Any one had this situation before ?

    Thanks
    -vinod





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  • belmontboy
    03-15 09:39 PM
    If your case is older than 12 months from the date of judgement you can have your case expunged from public records. As of today your's is a public record and is on every entry point in the country. As per immigration laws the IO has the authority to turn you back if you have been found guilty. The best for you is to have the expungement of your case and no one will have the access to your case except FBI.. This may take anywhere 2-3 months from the date you file for expungement..

    Avoid travelling till your expungement is done..to be considered for expungement there should not be any other sace pending against you.

    Good Luck.. talk to your attorney and file for it even if you are not travelling it will be good for you for future employment etc. also..

    RV


    Getting expungement wouldnot help in his case.
    For immigration purposes, his conviction stands.
    Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.





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  • When485
    09-13 03:30 PM
    When my 140 approved, I bought my home thinking I will build Equity and own a home instead of paying rent. Now I am doubting if I did the right thing considering the slow down in Realty and uncertainty on GC. My spirits got dampened with the October visa bulletin. EB3 is once again back to world famous 2001 . Are there any 80000+ EB3-I petitions with a priority dates around 2001? Otherwise no logical reason in why this always go back to 2001? My friend and I went over the archives to find that over a period of 57 months, EB3 India crossed 2003 only twice - June and July 2007. So frustrating?





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  • webm
    05-22 11:22 AM
    Seems they have taken down all servers.
    I predict all dates magically moving back in time.

    what do you mean moving back in time??



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  • vidyakulkarni
    02-01 02:21 PM
    If I use my AP , what documents I need to carry? original 485 reciept? my original receipt is with lawer, he send me photocopy.





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  • peacocklover
    07-02 01:10 PM
    Is the following (or can it be) a part of the Admin Fix Initiative? :-

    Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.

    After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.

    I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.

    I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)

    Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..



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  • bheemi
    04-03 10:44 AM
    Mr Anai.
    I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....

    It is better for you just not to quote some nonsense here...

    thanks





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  • kumjay
    06-24 11:20 PM
    There is one more option for you. H1 and L1 employees can go on long paid/unpaid leaves. If her company can support with document that she was on an unpaid leave for any reason (I do not know the reasons...make something) then there are chances that she will be able to change her status back to H4. All you have to prove that there was a good faith employee employer relationship for that particular duration. Talk to a lawyer, explain the situation..........every passing day is making your situation worse. Good Luck.



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  • daramesh
    01-06 12:38 PM
    I have a couple of questions, pl let know if you have valid info.


    Situation: Spouse came to US on H4 and then got converted to H1.Due to delay in pay and not a strong case, she is not willing to go for H1 visa stamping next time when she goes to India. She wasnts to go for H4 visa stamping instead.

    1. Is it better to convert to H4 here and then leave for India? We feel that if it would take time to convert to H4, then instead of waiting she can work till the last day here and then quit and leave(because she wants to leave ASAP). Also changing from H1 to H4 here means submitting paystubs and other documents and more scrutiny. I think in Chennai consulate there will be less questions if applying for H4. Any thoughts, pl help?

    2. If applying for H4 in Chennai, will they ask for paystubs from her previous H1 status? They shouldnt since she is applying for H4, but I still wanted to know. If they ask why do you want to change back to H4, what is the best answer?

    3. Travelling on an expired visa from East coast to Chennai. If there is no time to get transit visa to travel thru Europe, which is the shortest route/best airlines to get to Chennai quickest from say, Atlanta? Pl help

    This is urgent, PLEASE HELP





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  • h1bmajdoor
    10-13 04:21 PM
    It was a great meeting. I was blown over by the enthusiasm of the folks. It was intended to be a casual get together, but beyond a point it became more serious:D We did have action items and we will communicate it through emails, we cannot post such things on public forum. We are working on the next event planning once we finalize the place and time we will get in touch with U.

    can you hold these meetings on saturdays? weekdays are impossible for me with a 1.5 hr commute (common with most tri-state folks).

    informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)



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  • chanduv23
    07-08 02:31 PM
    One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.

    I am in same situation. As of yesterday, my previous employer would have revoked my 140.

    I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.

    Any ideas how to ensure that AC21 paperwork is getting into your file.

    The answers I see on this forum is
    (1) USCIS is overwhelmed with documents so mail can be trashed
    (2) USCIS clerk does not know how to handle the paperwork
    (3) USCIS certifying officer is not well educated about AC21

    Any idea on how to ensure AC21 paperwork really goes into your file.





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  • dummgelauft
    07-02 12:17 AM
    Undocumented Immigration can be solved within a week. But no politician or anti-immigrant wants to talk about it.

    SIMPLY PUNISH THE EMPLOYERS EMPLOYING UNDOCUMENTED.

    Just put some US citizens who hire undocumented in Jail and then nobody will hire undocumented. All undocumented problem will be solved. But nobody wants to enforce laws on US Citizens. But everyone wants to enforce laws on undocumented because they do not see these undocumented as human beings.

    Instead of deporting 14 million undocumented, and wasting money on this. Just punish 1 thousand US citizens for employing undocumented. I am sure you will see some hidden anti-immigrants being jailed too. The greedy employers promote undocumented immigration by employing them, exploiting them and paying less salary. Why not punish the employers.

    No anti immigration site wants to actively work on this action item. WHY?


    ..eastindia babu, for once , I agree with you.. 100%



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  • saileshdude
    02-23 04:19 PM
    Hi Shana

    If I understand your question correctly, then if you are using H1 then you need to be on payroll all the time. Does not matter whether or not using AC21. This applies even after 180 days of your AOS. If you use EAD then you can be without a job.





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  • indianabacklog
    10-24 09:47 AM
    [QUOTE

    ---------------------------------------

    Indaianabacklog --- Why the he** dont you understand you are born in the damn country with Billion people? But if you are not, then yes its a surprise. But how are you ROW?
    And also from my experience --- You got to keep poking the USCIS authorities for them to wake up and take your application to process.

    QUOTE]

    I do know where I come from, I am from the UK. My screen name is Indiana as in the state where I live. I also know my own priority date. Since my PD only became current in May that was the earliest I could apply so my processing time is not unusual. The ones who are getting approved within three months are the unusual cases.



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  • kshitijnt
    11-16 02:55 AM
    Bill rate? 70/30 basis?? Contract??? I would like the OP to report his employer to DoL. DoL and USCIS will kick both the OP and the employer. It is easy to get carried away saying that the employer is blood sucker etc. But very clearly, you should know that there can't be these kinds of contracts on H1. The employer knows that people who go to them are on thin ice, and so does the employee (employer is there to do business -- he is not running charity).

    Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.


    To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.

    While I did not suggest him to go to DOL. Let me tell you that working on hourly wages is legal on H1. The best solution is to find the job quietly. How do you know how much is his employer making and what he has got? There could be very significant difference.





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  • sunny1000
    10-11 11:18 AM
    Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.

    What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?

    USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.

    PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.

    Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.

    First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.

    Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.

    And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.

    If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .

    Who's is kidding whom? I am educated enough to spot a hypocrite like you. It does not take education or the knowledge of law but some common sense to think about these things, which you don't have. Also, a hypocrital bully like you does not have any morality or ethics anyways. Look yourself in the mirror before you call names or judge somebody. I don't need a lecture from a person like you, especially on the law or the meaning of citizenship, which I am quite aware. So, just keep rambling about your useless crap.



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  • unbreakable
    07-14 04:37 PM
    I have just sent it to Senator. George Voinvoich (R-OH) and Senator. Sherrod Brown (D-OH)





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  • rpat1968
    02-04 01:50 PM
    I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
    I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
    When you hand them both, you might feel you are doing it in full disclosure,
    however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
    The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.

    I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.





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  • gcseeker2002
    12-07 10:57 AM
    Agree with Gary. And update us on the results.

    Folks I wish your suggestions would be helpful, but I have taken 3 infopass appointments, and to my badluck, everytime I visit I meet the same old-fat-lady who now happens to remember me, and says, "Didnt I tell you last time that blah blah blah ", believe me, she was not willing to even accept request to send interim ead , she gave some reason that NSC outsourced callcenter work to contractors who dont know what they are saying and send us to local office to request interim EAD. She says my FP for ead was done only in Nov(my 2nd infopass resulted in 2nd FP) so it will take 4-6 weeks after that to get EAD. Anyways I will take your advice for a 4th infopass next week.





    cnachu2
    02-23 08:08 AM
    Thank you to both of you for responding. I entered in to US 5 years ago and i am here since then.





    gdhiren
    07-06 02:34 PM
    Are they even filing a lawsuit ?? If they are SO READY, where is the big press release saying USCIS SUED !!!!!!! :cool:
    Again have faith. Everything needs planning, they are a non-profit organization working for our cause, at least this time. First they need people to come forward and give the details, also they want to give us enough time so we can be ready with our case. Most important question here is, are we doing our part? there are many things we could do to help them and ourselves.