Thursday, June 9, 2011

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  • abhi2001
    02-24 04:06 PM
    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.




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  • GCMan007
    06-23 08:24 PM
    My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.

    Considering the huge load of application that will be filed by the beginning of July , is it wise to:

    1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or

    2)Wait for for spouse to return and file together on the 3rd week of July.

    Does the time gap of a couple of weeks make a huge difference in the processing of my application.

    any insights please....




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  • dxldad
    05-12 01:38 PM
    So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.

    Does CS do the exactly same tests as PCP?

    How much time does it take to get results from CS?

    How much does CS charge?

    The Civil Surgeon does not even need to do any tests if you have all the documentation. You could check the website to find civil surgeons in your area and then call them up and ask for the rates. There is no uniform rate and people charge what they feel like. If you ask around, you would get good rates.




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  • EndRetro
    04-19 01:49 PM
    Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

    I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

    This is the response to a MAIL that I had sent to the MUMBAI consulate!!

    ************************************************** ********
    MUMBAI, N IV to me
    Apr 18 (1 day ago)

    "Returning workers can apply in any of the four U.S. consulates in India."

    It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
    It may be harder to qualify for the visa if you are not applying in your
    own district.
    The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

    Application fees in this case will NOT be refunded.

    Best regards,

    Non Immigrant Visa Section/wds
    U.S. Consulate General Mumbai


    ************************************************** ********



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  • gnutin
    03-30 02:58 PM
    Yes, that list is sufficient. I just sponsored a relative with the same set of documents and everything went smoothly.




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  • tonyHK12
    11-25 12:10 PM
    Why should he?

    What are you going to give him in return/what is he going to get by helping us?

    We need to first learn to help ourselves.


    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.



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  • kshitijnt
    03-07 12:49 AM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M

    She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.




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  • slammer
    05-14 12:28 PM
    We are also stuck in CP. We live in Canada since a couple of years (we're not Canadians) and are just waiting until we can finally move to the US. We are so frustrated that we decided to apply for an H-1B this year together with our GC-sponsor/employer.
    Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.



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  • GCBy3000
    07-09 10:05 AM
    This is removed from dice now. :D




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  • eadguru
    11-05 09:32 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05

    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.



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  • gc_chahiye
    08-26 11:22 PM
    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.

    for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).

    I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
    All the best!




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  • WhatheHeck
    07-12 01:33 PM
    Thank you Dhirajs98 and Pappu.



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  • logiclife
    07-11 05:36 PM
    Everyone who is frustrated: please have some restraint.

    Shouting out, and making fun of lawmakers does not behoove us if we are working with their offices.

    Imaigine this: We go into a lawmaker's office (which we do quite often even now, even tho CIR is dead) and explain who we are, our situation, retrogression, etc. etc. and then the staff comes to us and says: By the way, your website has said "This" about my boss, congressman XYZ.

    What do you think we are going to say to them? That we practice first amendment rights on our forums where we openly trash you, and the next morning, we walk into your office and ask for provisions and legislations to help us????

    First amendment is great to have when you need to rebel, protest and outright oppose someone. Not when you are looking to work with someone and advocate. There is a huge difference between advocacy and protest.

    So legal, others, while it provides a great deal of relief to lash out at congressmen, or media, (I've done my share of mistakes in this regard, so I know) try to do it in a way that it doesnt make us look like fools when we go to their office asking for favors/provisions.




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  • rockstart
    01-28 09:08 AM
    Sorry to break the bad news but technically the grounds for H1 extensions are no longer valid. Your only chance is if your appeal is in process because that keeps your application alive. Also recommended is to file a fresh PERM asap.



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  • reverendflash
    10-17 11:50 AM
    Kitiara:

    When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

    That will create a much smaller file size...it's one of the things the prog was designed for... :P

    If you need help, ask...

    Rev:elderly:




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  • Pagal
    12-17 12:36 PM
    Hello,

    An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.

    There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).

    In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.

    Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)



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  • americandesi
    03-13 04:32 PM
    Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.

    1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
    (or)
    2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
    (or)
    3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
    (or)
    4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)

    Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.

    In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.

    Refer http://immigrationvoice.org/forum/showthread.php?t=15993




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  • jonty_11
    07-23 04:45 PM
    It mentions that in any of the incorrect filing, cases will be rejected...

    does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
    any rejection is subject to PD becoming current again




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  • rockstart
    07-02 03:17 PM
    Have you seen any 2008 case getting approved before 2007.

    Guys,

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!




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    gc_check
    03-14 04:16 AM
    I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.

    Murthy.com has a copy of pdf in their website

    http://www.murthy.com/uscis_update.pdf
    http://www.murthy.com/nflash/uscis_faq.pdf



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