Thursday, June 9, 2011

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  • ivgclive
    05-02 08:31 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....

    EAD is based on a pending I-485, you should go ahead to renew your EAD (as you work in EAD, do not let it expire). Consult a lawyer, send additional documentation along with the package that you have done so-and-so transfer.





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  • mantric
    09-17 06:30 AM
    this is a song that will convey the human struggle aspect in a way americans may be able to relate to.

    the music is catchy - can get a recording and play it in the background.

    http://www.youtube.com/watch?v=ced8o50G9kg
    http://www.youtube.com/watch?v=6KUtFtD5ziw
    -----------

    Blowin in the wind (Bob Dylan).

    How many roads must a man walk down
    Before you call him a man?
    Yes, 'n' how many seas must a white dove sail
    Before she sleeps in the sand?
    Yes, 'n' how many times must the cannon balls fly
    Before they're forever banned?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.

    How many times must a man look up
    Before he can see the sky?
    Yes, 'n' how many ears must one man have
    Before he can hear people cry?
    Yes, 'n' how many deaths will it take till he knows
    That too many people have died?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.

    How many years can a mountain exist
    Before it's washed to the sea?
    Yes, 'n' how many years can some people exist
    Before they're allowed to be free?
    Yes, 'n' how many times can a man turn his head,
    Pretending he just doesn't see?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.





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  • Desi Unlucky
    07-02 07:25 AM
    I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.

    Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.

    If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.

    I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.





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  • starscream
    03-24 04:19 PM
    Have you hear anything from your appeal? Please let me know.
    Thank you.


    Aura M/Hassan 11,

    I am assuming that when you guys say appeal - you mean request for review (RFR) for the LC that got denied. My LC was denied in November 06 and my employer's lawyer filed a Request for Review (RFR )because the said they were absolutely sure that DOL had denied the LC in error. Well, DOL approved the RFR and my LC was approved in Jan 08 - YES it took 14 months. The advantage is that if RFR is approved the priority date can be maintained. The lawyer's had told me that it does take a year for RFR to be approved (of course at that time nobody expected that the Pdates would become curent in summer of 07 so I missed that bus) - but anyways now I can maintain my original priority date.

    From whatever I have read online it seems the lawyers have to be absolutely sure that the LC is denied in error by DOL to expect any positive reply for the RFR.

    Best of luck to you both!!



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  • dvvb
    03-01 02:59 PM
    Hi Sathishav, Thanks for the response.

    Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.

    to summarize,

    Co. A's GC filed as future employee.
    Joined Co. C on EAD.
    Now Co. A is out of buisiness.
    Does AC21 portability applies ?

    Thanks
    -DvvB

    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.





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  • Templarian
    07-20 10:04 PM
    saxx it has no chance to beat flash. Its good in that it uses a very solid language backing. Its just not even remotely comparable to flash atm (its like flash 8 tbh if they were to be compared).

    I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).

    Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.



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  • navkap
    09-20 04:26 PM
    From Yahoo News
    http://news.yahoo.com/fc/US/Immigration

    WASHINGTON - The House voted Wednesday to require Americans to show proof of citizenship in order to vote, and the Senate moved to build a 700-mile fence along the Mexican border as Republicans sharpened attacks on illegal immigration before the midterm elections.


    The 228-196 House vote on a new photo ID plan and the Senate's consideration of the fence were both part of a get-tough policy on illegal immigrants that Republicans have embraced after Congress' failure to agree on broader legislation that would set a path for undocumented workers to attain citizenship.

    House GOP leaders have insisted that tighter borders and tougher laws must precede more comprehensive immigration changes. The House passed the fence bill last week and plans votes Thursday on other enforcement measures: to increase penalties for people building tunnels under the border, make it easier to detain and deport immigrant gang members and criminals and clarify the ability of state and local authorities to detain illegal immigrants.

    Republican sponsors of the voter identification bill said it was a commonsense way to stop fraud at the polls. People need photo IDs to board planes, buy alcohol or cash checks, said Rep. Vernon Ehlers (news, bio, voting record), R-Mich., chairman of the House Administration Committee. "This is not a new concept."

    "This is what Americans want," said Rep. John Mica (news, bio, voting record), R-Fla., "They want safe borders and they want safe ballots."

    But Democrats assailed the legislation, saying it could hurt minorities, the poor and the elderly � groups that tend to vote Democratic � who might have trouble producing a photo identification.

    "This bill is tantamount to a 21st century poll tax," said Democratic Whip Steny Hoyer, D-Md. "It will disenfranchise large number of legal voters."

    Rep. Ike Skelton (news, bio, voting record), D-Mo., said he was initially denied a voter ID required under a Missouri state law because he doesn't have a driver's license and couldn't immediately produce a passport or birth certificate. His congressional ID card was not accepted.

    A Missouri court earlier this month struck down the state law, and on Tuesday a state superior court judge in Georgia ruled that that state's law requiring a photo ID was an unconstitutional condition for voting.

    The bill would require everyone to present a photo ID before voting in federal elections by 2008. By 2010 voters would have to have photo IDs that certified they were citizens. In response to criticism that this would be a burden for the poor, the bill stipulates that states must provide the identification cards free of charge to those who can't afford them.

    The Senate, meanwhile, voted Wednesday to take up a bill to build a 700-mile fence along one-third of the U.S.-Mexico border.

    Action on the fence, which could cost billions of dollars, comes four months after the Senate approved legislation that, along with tightening border security, created a guest worker program and outlined how people in the country illegally could work toward legal status and eventual citizenship.

    President Bush has supported this broader approach, but it has met strong resistance in the House, where opponents have said it was tantamount to amnesty for illegal immigrants.

    Bush, in an interview with CNN's Wolf Blitzer, said he would sign a fencebuilding bill as part of efforts to strengthen the border. But he added, "I would view this as an interim step. I don't view this as the final product. And I will keep urging people to have a comprehensive reform."

    Senate Majority Leader Bill Frist, R-Tenn., said, "While I've made it clear that I prefer a comprehensive solution, I have always said we need an enforcement-first approach to immigration reform."

    Democratic leader Harry Reid of Nevada countered, "We can build the tallest fence in the world and it won't fix our broken immigration system." To do that, he said, "we need the kind of comprehensive reform that the Senate passed earlier this year."

    The current bill wouldn't provide funding to cover costs of the fencing and other barriers aimed at preventing illegal entry. About $1 billion for the fencing is likely to be included in a bill for the Department of Homeland Security that Congress is expected to approve before its scheduled adjournment next week for the elections.

    Also on Wednesday, a bipartisan task force recommended that Congress provide a path to legal status for immigrants who can demonstrate steady employment, knowledge of English and payment of taxes and who pass a background security check.

    The panel, chaired by Spencer Abraham, former Republican senator from Michigan and energy secretary, and Lee Hamilton, former Democratic representative from Indiana and chair of the 9/11 Commission, also urged new verification mechanisms to assist employers in hiring only authorized workers.





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  • sanju
    02-05 09:40 PM
    My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?

    This happened to me twice in last 3 years and this is what I can tell you from my experience.

    All member of the family should go for the finger print because often times figer print notices are lost in the mail. I went to the IO at the center and told IO officer that I did not receive the FP notice. She checked in the system and said that FP notice was sent for me as well. IO officer printed a FP notice right at the spot and handed that to me so that my wife and I could give finger prints together. If you do not give the finger print, the risks is that CIS may send you another notice or may send you the "last notice" before considering your application as abandoned.

    I would say - better safe than sorry.



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  • EndlessWait
    04-18 10:08 AM
    would rather go back to home country...with dollar sliding and india booming..





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  • rbalaji5
    07-17 07:55 PM
    Really Thank and Appreciate Mr Gonzales.

    Thank you so much Mr. Emilio Gonzalez



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  • pitha
    04-27 11:05 AM
    I was watching an interview with John McCain on larry king live 2 or 3 days ago. Mccain said that an immigration bill would be introduced in the senate in a week or two which would focus on border security first, i am not sure what that means, focusiing on border security first, good or bad for us? would that mean our provisions will be moved to a later stage where border security is ratified first before anything can happen etc etc which is what anti-immigrants want.

    does anyone know when CIR will be discussed in the house and in the Senate?





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  • immilaw
    09-14 12:44 PM
    Normally the consulate in Canada or Mexico will only entertain an application if the person graduated from a school in the US. The reason being that they can verify the genuineness of the education which is not possible in a situation where the person went to a school in a different country. But if you are already in the US in H-1B status and have a H-1B visa in the passport then you have a better chance of getting a visa.



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  • PD_Dec2002
    06-24 10:58 AM
    Thanks janilsal.

    We got married in a temple and returned the license to the County Clerk's office.
    We can't mention martial status as married due to family reasons.
    We are fine applying with martial status as single independently since both of our PD is current now.
    Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
    Please advice.

    Thank you!

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant





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  • Carlau
    01-24 11:55 AM
    I have a suggestion, offer your company to pay a half an hour consultation with a lawyer, such as Sonal Mehta or Hooyou or Shusterman, this way you will not only get your H-1B 3 year extension but you will save your company from paying the 1k+ attorney's fee x 3.



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  • dealsnet
    04-06 10:59 AM
    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.
    But in practical, USCIS now denying I-140 for 3 year degree holders, even the job requires masters. Try EB3 also. (Good luck).

    My perm was approved a couple of weeks back and we are going to file the 140 pretty soon. In the mean while I had a question regarding the educational equivalency issue I see during this stage. The perm is for EB-2 which requires a Masters Degree( Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this. Do we have to submit the Bachelors degree information even though the requirement is for a Masters?

    Thanks for any input.





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  • WeldonSprings
    05-18 06:28 PM
    This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.

    Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!

    Hindi-Chini Bhai Bhai!!!

    Bender's Immigration Bulletin (http://bibdaily.com/)



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  • I_need_GC
    10-15 09:56 AM
    Clif is right I used EAD to work part time while still maintaining my H1B and full time job. During this time I traveled numerous times outside US. The IO never asked where or how many jobs I had. Before using EAD to work part time I confirmed this with my attorney and he said the same thing as clif. So its safe to work part time on EAD as long as you maintain your full time job.


    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.





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  • Blog Feeds
    04-21 05:36 PM
    Fox News (not generally known for sympathetic immigration coverage) reports on an Iraqi translator who has received multiple commendations for taking risks to save the lives of American soldiers. The translator has been denied a visa to live in the US, according to Fox, because of nonviolent actions he took to overthrow Saddam Hussein even though the US government was calling for regime change in Iraq at the time.

    More... (http://blogs.ilw.com/gregsiskind/2009/04/heroic-translator-denied-visa-to-come-to-the-us.html)

    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance

    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    i did file this in the h1 thread. hoping some attorney might shed some light on this for me


    thanks in advance





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  • ss1026
    07-29 11:31 AM
    I am an EB-3 I with a 2005 PD on my 10th year on H-1B. I have a standing offer from a different company who are willing for file for a new GC in EB-2. I requested their HR to file my GC before I join their firm as I want to stay on my current project till the end of the year and they are ok with it but want to see some website/links stating that it is allowed and legal. I personally know that is allowed but had not much luck finding a good website noting this.

    Could anyone paste a link or point to a good website that has this clearly stated. Thanks





    saps
    01-08 07:40 PM
    Please help.





    sidshar
    05-15 04:19 PM
    thanks for the response. But is it normal, anyone else in similar situation?



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