Friday, June 10, 2011

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  • black_logs
    05-11 10:43 AM
    We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.

    Could some one post the Venue and time? (I guess it is dinner meet)

    Thanks





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  • chaitanya139
    01-22 02:53 PM
    Hello there

    I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

    Thank you
    Chaitanya





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  • inskrish
    08-01 12:04 AM
    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.

    Pappu,

    Just wanted to clarify, is it 'Leaving' or 'Leading'?





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  • randallemery
    06-28 10:36 PM
    National media will be there. This will get publicity.



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  • prinive
    01-02 03:11 PM
    The way USCIS behave anything can happen any time...

    Dont loose your heart ...

    You just started the journey....

    Good Luck...

    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??





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  • vivache
    09-21 05:42 PM
    "Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

    Unintelligent question :).
    What time frame do we expect this to kick in .. if it does?
    (I know you can't give a definite date .. but just curious)

    Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)



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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram





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  • leoindiano
    06-29 09:28 AM
    Lawyer said they filed on 21st and waiting on the decision. Hope my application is not effected.



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  • amoljak
    05-03 08:10 AM
    nk2006, Thanks for poiting that out. I have stopped thinking beyond I140 :)





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  • flresident
    04-08 01:55 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.



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  • waitingmygc
    05-20 09:07 PM
    Hi,
    My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

    As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
    Is it possible to have EB2 category and old priority date without refiling new I-140 ?

    Thanks.





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  • Pineapple
    07-27 02:45 AM
    I just tried the phrase "Change of address", for the heck of it, and it was spot on.

    Non-tech guys like me can never figure out how you guys do all these cool things :)
    Very good work.. very useful.. I've added it to my bookmarks now. Thanks a lot.



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  • hsm2007
    09-20 08:36 PM
    Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.





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  • chanduv23
    08-27 08:38 AM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.

    Working on EAD has never been a problem. But I did hear from some hiring managers that they have concerns about constant renewals and other issues associated like RFE etc.. and thats why they avoid hiring people on EAD - this is like very few people who are misinformed.

    Usually some employers ask - have you switched after 180 days of filing 485 just to make sure there is no problem.

    Company need not harbor illegal employees, they can do what it takes to keep the employee employed.



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  • martinvisalaw
    06-15 04:52 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely

    1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.

    2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.

    3. Yes, you can apply for an EAD and AP with the 485.

    4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.

    5. I will send you a private message re fees. Thanks for the inquiry.





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  • kumar1
    07-29 10:37 AM
    d



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  • senthil1
    09-19 06:45 PM
    Yes any bill which has H1b increase will have slim chance of passing. Also whenever Cornyn introduces bill Durbin introduces his bill(SA2238)
    and pro-mmigrants/Corporations will not accept Durbin bill so both will fail. This was a drama for some time in past. This may be another drama in this year. If it needs to be passed then both the bills need to be diluted to get support of some key neutral congressmen.

    Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.





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  • sanju_dba
    03-21 07:59 AM
    Dear OP,
    Congratulations!

    read here MurthyDotCom : Marriage and I-485 Issues (http://www.murthy.com/news/UDmar485.html)

    It might help exploring your issue.





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  • kart2007
    05-21 09:02 PM
    b. Do not make photocopies of official US Documents. Its a violation.


    This is news to me.





    rajeshalex
    10-14 02:19 PM
    Its better to take it from India. Check with ur travel agent.
    Also note that pre existing conditions are not covered in most of the insurance plans.

    Rajesh





    amslonewolf
    05-22 12:03 PM
    I don't think the state dept is that naive. They already know what the demand would be. All they would have to do is just look at the approved I-140s and they a very reasonable estimate.



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