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  • eb3retro
    05-10 08:00 PM
    most likely, they are talking abt EAD.
    BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)

    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.




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  • ajain
    05-28 06:30 PM
    Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?




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  • texcan
    09-14 06:58 AM
    Out of the labor backlog that covers me,
    Black as the Pit from pole to pole,
    I thank whatever gods may be
    For IV's unconquerable soul.

    In the fell clutch of rules quagmire
    I have not winced nor cried aloud.
    Under the bludgeoning of chance
    My career is bloody, but unbowed.

    Beyond this GC pace of wrath and tears
    Looms but the Horror of the delay,
    And yet the menace of the rules
    Finds, and shall finds me/us/IV unafraid.

    Waiting in vain for Name check, Years wasted in pain
    Though I know, I have never done nothing wrong
    One day to be out of this nightmare is my hope
    I know for sure without IV I cant cope

    It matters not how strait the gate,
    How charged with punishments the scroll,
    I am the master of my fate
    I am the captain of my soul.

    ---------------------------------------------------
    This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html

    I made changes in original work. See if you all like it, and lets see how we can reference it.
    I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html

    Thanks for reading




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  • zico123
    04-19 10:58 PM
    I see ..... Thanks for the reply roseball

    I guess now I will have to apply for amendment with new I-20 from Kaplan showing that I will be in status till Oct 1st. Thanks a lot, I was wondering how is it determined who gets I-94 and who does not ... now I know.

    Do you know how long I have to apply for amendment?



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  • juhis
    06-14 06:45 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.

    This is what I call a true productive forum. Thanks factoryman for providing this list.




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  • quizzer
    11-16 01:03 PM
    Hi Raj
    If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.

    Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.

    Sunny is right.

    The approval came after 27 days of opening the SR.



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  • sands_14
    04-09 09:57 PM
    Can you get conventional loan with 10% down in New Jersey?
    ANd that too for H1B/EAD. My broker says that you cant get conventional loan with work permit status.
    Is that true?
    The FHA option he is giving ,looks expensve to me.
    Paying 9000usd upfront and then PMI for 5 years will be expensive.
    Any suggestions appreciated.ANY good lenders ?




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  • bijualex29
    03-24 12:18 PM
    That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
    I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.

    Can some one share there light on it please.



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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    and
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.




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  • Canadian_Dream
    07-25 02:02 PM
    IMO: That's the best option to pursue in this situation. Make sure you clearly mention in both I-140/I-485 applications that you have a pending I-140/I-485 (with Receipt Numbers etc). Also send a small write-up along with all the applications explaining the situation and reason for the second filing.

    I would file a separate I-485 and I-140 for this other LC. Experts, what say?



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  • Green06
    08-22 07:54 PM
    We really need more friends like you. Following link is for Bus voting from MN. Please vote and let us know if you will be intrested to go to the rally by bus.

    http://immigrationvoice.org/forum/showthread.php?t=12599

    Cheers:cool:




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  • krishmunn
    04-25 04:22 PM
    I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI

    1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.

    .

    Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .

    As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.

    I would say there is not a single travel insurance company (US or India) which provides good service.



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  • paskal
    12-01 10:13 AM
    I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.

    Thanks

    Hello,

    We can help you but the first step is to complete your profile
    Also I suggest you start by joining the GA chapter, you will get some help from them.




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  • AtulKRaizada
    07-18 06:12 PM
    A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.

    Welcome to the world of white collar politics.:)

    This is ridiculous, there is a saying that even a mom doesn't feed her own child unless he cries.

    I strongly feel that we should make a genuine effort.



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  • now2know
    May 18th, 2005, 06:47 AM
    I'm having a problem with a Nikon d100 camera taking the necessary pictures for a high dynamic range photo. I need to take 3 pictures in a short ammount of time (which I can do, using the bracket setting) but I need to vary the shutter speed manually in this setting, with a different exposure time for each of the 3 pictures taken in the bracket. Is there any way that I can do this, or any software that will allow me to accomplish this?

    Thanks,
    Trish




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  • Suva
    07-18 03:26 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes



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  • hibworker
    11-04 11:02 AM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.

    Hi,

    My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying

    the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.

    Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).

    Can some one please help me to find my case is wheather it is EB2 or EB3?

    Thanks in Advance.




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  • msp1976
    12-22 02:02 PM
    What happens in someone is not at the address and he does not receive any communication regarding the jury duty.


    Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

    The whole thing might degenerate into 'My Cousin Vinny'.

    You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
    I don't think that the immigration people look into the outstanding warrants...




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  • ysnraju
    12-05 11:01 PM
    In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
    again LUD I485 Card production ordered.
    same with my spouse also.

    _______________________
    LUDs on Current Status of I485:
    30 Nov 2007 : Card production ordered .
    02 Dec.2007 : Card production ordered .
    04 Dec 2007 : Approval notice sent.

    For Both Self and Spouse.

    Labor Filing Date: 27 Feb 2004
    Service Center: Nebraska
    Category: EB2
    Application Mailed: 04 Jun 2007
    USCIS Received Date: 05 Jun 2007
    USCIS Notice Date: 14 Jun 2007
    Filing Type: non-concurrent
    I-140 Processing: regular
    I-140 Approval Date: March 02, 2007
    Fingerprinting Date : 15 Aug 2007
    RFE: no
    EAD Approval Date: 08 Sep 2007
    AP Approval Date: 13 Sep 2007
    Nationality: India




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