Sunday, June 26, 2011

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  • fromnaija
    07-18 06:54 PM
    I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?




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  • makemygc
    06-14 11:02 AM
    Bump
    /\/\/\/\/\/\/\

    Sorry to bump it. Wish someone could answer my question or could share their experience.




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  • jthomas
    01-10 08:41 PM
    What are the options for a H1B holder when he/she gets laid off during this present economy?

    I voted as yes, I know my friends who had been laid off from work.

    J thomas




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  • chanduv23
    06-16 11:10 AM
    I think we need the list of new congress men/ women to call as part of phase 4 of the campaign.

    Concentrate on your local lawmakers and CHC members. Sometime back, IV experts told us that we need more republican support too so concentrate on republican lawmakers too.



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  • Pineapple
    10-10 08:54 AM
    My wife finally got her EAD card.. Hooray!

    But: It has MY photo on it instead of hers!! All other information on the card is correct.

    I called USCIS and the received wisdom is that I need to send in another I-765 (with no fees as it is obviously their mistake) and include the current EAD card.

    Is this the only option? We cannot wait for another 3-6 months while the application is lost in the pile (again).. I asked the USCIS representative if the local office can help, but she wasn't sure either way..

    I was wondering if anyone has had a similar experience and if taking an Info Pass appointment helped in getting a corrected card faster.




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  • trueguy
    12-11 01:43 AM
    In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

    As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

    The problem with this approach is that:
    - It is not FIFO
    - EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

    Here is how:

    Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

    So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

    When time comes to roll over excess EB2 ROW numbers, two things happen:
    - Already substantial use of EB2ROW numbers make few numbers available for roll over
    - Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

    The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

    If USCIS followed FIFO, then the following would happen:
    - USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
    - This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
    - When time would come to roll over numbers not used by EB2ROW:
    - A large pool number of excess visas would be available
    - A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

    As a result, old cases would be assigned visa numbers and backlog would be reduced.

    Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.


    Very good points. I can't agree with you any more.

    The question is how do we raise it as an issue so USCIS follow FIFO.



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  • dngoyal
    07-27 04:31 PM
    this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.

    In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.

    do they have to attach copy of email with the application?
    In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.




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  • GCard_Dream
    04-27 05:15 PM
    I am not sure. May be it is. Details are still not out yet and I don't see the text of the bill on thomas. Hopefully more detail will emerge in next day or so and then we will know for sure.

    http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478



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  • WeldonSprings
    02-25 03:01 PM
    USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.

    The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.




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  • abhaykul
    05-04 02:05 PM
    Guys,

    1) For 7 th yr extension your LC and I 140 have to be approved if your LC
    is less than 365 days old at the end of 6 th year.
    2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.


    Abhay



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  • texcan
    09-10 10:15 AM
    Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.

    Deb
    Contrib $600 so far + $300 for rally
    EB2 India PD 03/05
    I140 09/07
    I485 07/07

    Friends,

    I must say, not all employers exploit people on H1b.
    My take is it depends on the business ethics of company owner.

    I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.

    In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.




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  • kumjay
    06-28 03:46 PM
    USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.



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  • ashkam
    12-08 02:35 PM
    Her H4 is not valid. She did travel to India without an approved AP.

    Can we cancel her GC application and bring her back on H4?

    Any other options?

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.




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  • zCool
    03-24 04:25 PM
    I heard whole segment and it was great advocacy Mark.
    I think the guy who called afterwards nailed it right..
    I don't know why folks don't emphasis injustice built-in per country quota..
    If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
    We should hammer this point everywhere..
    I have spoken abt it and no one can really say any good counter-point..
    IF the pain was shared across all the nations, you bet there would be more support across the board..
    Also per-country quotas are really relic of pre-1965 European only immigration policy..
    Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!



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  • go_gc_way
    05-13 10:25 AM
    That's really an idea , need a thought by all... pros and cons.

    Specially a forum like IV, and then I believe it will be another effort to get it there.

    Given retrogression has some what a known issue, does any one think ... this will be mentioned any way in the address.




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  • CreatedToday
    03-29 04:09 PM
    Which airport in Bangalore you landed?

    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question



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  • hopein07
    03-16 12:25 PM
    I think sertasheep put it right. For Indian MBBS, US trained docs the best options outside US are the middle east, Dubai in particular, and India. In India Appolo and Escorts hire foreign trained docs but remember India also does not recognize US PG degree so they cannot work in Govt hospitals but they can always open their own shop just on the basis of MBBS and boldly put US degree on the big board. India is truly the land of the free in this respect. You cannot even imagine doing this in US or any other developed country.

    But do not write off Canada just yet because there are still some jobs there for physicians and it's not as if US trained docs are not allowed at all. Canada is worth giving a shot but Australia, New Zealand, UK, etc. are all closed and dead options for a variety of reasons ranging from licensing process, immigration process, very few training positions, very scarce medical jobs, racism, discrimination etc. Middle East has it's own issues specially if you are not a Muslim although Dubai is quite modern and welcoming but kids will be influenced and politics there is also quite nauseating. That just leaves you with India and you already know the ins and outs of it.




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  • fromnaija
    03-24 04:03 PM
    Right off the bat I'd say you need five years of progressive experience after bachelor to qualify for EB2. Secondly, the job must require that level of qualification and experience. However, you may want to ask an immigration attorney.

    Hello fellows in pain!

    I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:

    - US Bachelors in Computer Science
    - More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
    - However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.

    Any suggestions would be extremely helpful!

    Cheers,
    Me.




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  • chi_shark
    09-04 12:35 PM
    did you pray for people who died in katrina? or for iraq war casualties?

    Guys,

    Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..

    1. Rasu Devan
    2. Kenkai ammal
    3. Gandhi mathi (lady only).

    Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.

    You are more than welcome to give red dots.




    anilsal
    01-26 07:12 PM
    awesome from BART station alone.




    snathan
    04-19 12:15 PM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.


    If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.



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