Thursday, June 9, 2011

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  • shana04
    08-13 09:11 PM
    Friends,

    Even I am stuck with Name Check and what is the approach to clear name check.

    Any help / suggestions, please advice.

    thanks in advance.

    Shana

    Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

    Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.




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  • eb3_nepa
    11-06 10:37 AM
    I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.

    As long as:
    1) You can provide your new firm a copy of your Approved I-140 and
    2) Your first employer does not cancel the I-140

    You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.




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  • james_bond_007
    12-07 02:21 PM
    My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.




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  • Bhadwaj
    07-15 05:26 PM
    Hello,

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!



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  • ssksubash
    09-30 02:29 PM
    Thank you all for your suggestions. I was wondering if some one had more info in case the perm gets denied.

    Thanks,




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  • maddipati1
    11-20 07:02 PM
    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.


    hari,

    did your lawyer told you that u can go out of US while AP is still pending?

    Krishna is correct. read the I-131 instructions carefully.

    i am in the same boat. waiting for AP and trip planned with tight schedule.



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  • aksaharan
    08-07 08:18 PM
    > Immigrants from ROW (Rest Of World) seem to be immune from it
    Certainly not true for EB3




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  • malibuguy007
    10-02 01:05 PM
    $250 so far in less than 24 hours. Hoping to do better in the next 24........



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  • pappu
    07-24 09:50 PM
    Please consider signing up for monthly recurring contributions. It will be a big help to IV and we can plan our lobbying efforts in the coming months ahead of time.

    It seems people will wake up only after they are stuck in the 485 and EAD backlogs and ask IV to do something for them. It will be too late by then. The more we get closer to the presidential election, the lesser chances we have to get any relief. Hope all members realize this truth.




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  • chandupatla
    02-25 10:35 AM
    Is it required SSN... I am on H4..I don't having the SSN... I search the MVA site but they asking SSN..Is it necessary?



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  • indianabacklog
    04-17 07:41 AM
    My father used to drive when he visited. My insurance company put him on as a named driver for the duration of his stay. He was able to drive on his own driving license (that is fine for up to one year).

    If he screwed up (fortunately he never did) the fines would have been just the same as mine and since I had taken separate insurance for him that was covered too.

    You have to remember that visitors to the US are everywhere and are driving rental cars so this is not so unusual. If you wish to not have your father on your insurance then get him a rental car with every insurance known and then, apart from him getting hurt in an accident, you are covered.




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  • jetflyer
    06-11 01:24 PM
    Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
    May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D



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  • prdgl
    02-13 10:05 PM
    Thanks a lot. This is more in depth and I am not understood how these things work.

    So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.

    So is the combination,

    JobZone 5 with an SVP 7 will work for MS+0.


    Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?

    Anybody know about these things ? please drop in your thoughts


    Thanks




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  • shaq
    08-11 09:34 AM
    Pd - 01/30/06
    Rd - 09/10/07



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  • raj3078
    09-27 02:10 PM
    Man,
    You can take any or take both. It does not matter as long as they have at least one to see....Dont take tension, there is nothing to FP as long as you attend it




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  • shantanup
    10-12 07:59 AM
    Even I recieved 2 copies each of FP notices for me and my wife. I don't know if my lawyer got one, if any.



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  • Prashanthi
    05-27 05:15 PM
    it only makes sense to avoid a labor cert if you file under one of the EB-1 categories as this is current, you can avoid the wait for the visa numbers which is substantial. The three categories under the first preference are: (I) Persons of Extraordinary Ability, (ii) Outstanding Professors and Researchers; and (iii) Multinationals Executives or Managers.
    You may qualify for the 1st or 2nd one depending on your achievements.




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  • GC08
    05-21 07:29 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy

    Yes. :)




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  • eb3retro
    10-22 10:46 PM
    I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.

    My details:

    PD= 03/2005
    I-140: Approved
    RD: June 26, 2007
    FP: Sept.8, 2007
    EAD: approved in 44 days



    dream on...




    anilsal
    11-07 09:27 PM
    http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252

    IL Meet and Greet.




    guy03062
    08-20 07:16 PM
    PD EB-2 Inida: June 2005
    I-140 AD: July 6, 2007
    I-485 RD: July 2, 2007, NSC
    I-485 ND: Aug 1, 2007, NSC
    I-485 AD: ??