Saturday, June 25, 2011

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  • WeldonSprings
    10-28 10:22 AM
    Have anybody encountered Receipting Delays at Nebraska Service Center recently. I applied for my and my wife's AP (I-131) last week, received on Oct.21 and it has not been receipted yet.




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  • desighee
    10-28 12:21 AM
    Happy diwali to everybody.
    IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
    "Karmanye Vadhikaraste Ma Phaleshu Kadachana,
    Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"

    the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
    Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
    Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.

    Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.




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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!




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  • man-woman-and-gc
    03-10 10:48 AM
    . I had the same. you should be getting an Interview at the local office soon(in one or two months time). They want to verify something regarding your case. In my case it was the missing vaccination document

    Thankks for responding. Atleast now I know that my application is alive at USCIS.



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  • abhay
    10-29 03:20 PM
    Thanks Man. I am nervous now :mad:




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  • asterix
    02-17 10:13 PM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006



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  • micofrost
    04-16 05:01 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

    Call uscis and ask them send the refund to IV. Anyway, the money is gone from your a/c.




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  • kiranraheja
    08-12 03:51 PM
    Hi Billu/anyone,

    Did anyone try this Dish Network iptv service? Its expensive and has a contract attached so wanted to know if I should go ahead with it.

    Thanks.



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  • lalithkx
    07-29 04:57 PM
    I was wondering if there is any update available from this meeting?

    Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.




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  • Student with no hopes
    11-12 10:14 AM
    Dear Readers,

    This topic may be totally off immigration and I am sorry for that.

    Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!

    Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)

    Please vote for him and make win the CNN Hero prize money which can be used towards his trust.

    You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)

    Please share the word around with your friends and family!

    Thanks a lot... Appreciate your kind gesture!

    Just Voted, thanks for posting.
    Hats of to you Narayanan Krishnan



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  • franklin
    06-27 04:41 PM
    This question has been answered multiple times on this forum. Instead of starting a new thread I suggest

    1. Doing a forum search
    2. Donating money to IV since you will have saved so much of your time getting an immediate answer




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  • monkeyman
    01-29 05:50 PM
    Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
    Date of intended Departure: As soon as possible
    Expected length of stay: Less than 5 months

    That is what I had filled out.

    The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.

    You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.

    As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.



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  • mukuraj
    07-27 02:55 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi

    Kasi,

    I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.




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  • punjabi
    07-17 06:10 PM
    I joined IV just a week ago as someone referred me this website. Oh! I am indeed impressed and feel great to be a part of it!

    Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!

    Punjabi :)



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  • saimrathi
    08-22 02:53 PM
    Any ideas about this query?

    Thanks for the reply gc_chahiye.
    If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????




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  • shivaniraina
    07-26 08:13 AM
    As you are exempt from the cap, you can start working as soon as you get new petition approval.

    Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.



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  • mhathi
    11-09 01:58 PM
    Have sceintific journal/grant proposal writing skills and am good at Powerpoint. Will be glad to help.




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  • amsgc
    04-17 08:36 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.

    on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..




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  • averagedesi
    09-14 10:58 AM
    Here is something interesting

    My wife got her EAD approved for 2 years, she is suppose to get her extension only for a year as on Sep 10 when they renewed her card the priority dates were current.

    USCIS an organization that is above and beyond the laws of this country.




    GCNirvana007
    08-31 02:07 PM
    Finger print done Nov 2007. After that, one LUD in June 2009. Thats it.




    priya82
    02-18 08:57 PM
    Thanks for your advice snathan...



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