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  • Antonio Trivelin
    September 1st, 2006, 03:16 PM
    Just for fun :)

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    :p

    Comments are always wellcome

    Antonio




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  • manishi
    11-16 03:46 PM
    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?




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  • neeidd
    09-19 03:28 PM
    Just wondering how did you get info from USCIS about your FP notice?
    Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?

    Could you please advice!

    Thanks




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  • martinvisalaw
    07-17 11:26 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE

    POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.



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  • randomdude
    04-21 09:31 AM
    From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...




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  • ivuser9
    03-27 09:54 PM
    How did you manage to pull this one off ? you got an EAD without applying for GC ?!!

    Thats funny :-)

    cinqsit

    I think we meant to ask which category you applied for GC and got EAD



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  • sanjay05
    11-16 10:36 PM
    Still no FP. Should I call USCIS?




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  • Cheetah5
    01-28 12:03 AM
    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..



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  • thatwillbeit
    05-27 12:26 PM
    I have the same inference as above .....

    Can some please confirm this

    Thanks




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  • gcdreamer05
    01-12 11:20 AM
    Is there something we can do to avoid this PIMS delay.......

    I have been trying to ask the attorney and even the free chat on IV but no one is giving a clear solution on how to avoid pims delay. :mad:

    I too need to go for stamping and am delaying it just because of this pims delay.



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  • saketkapur
    08-18 06:40 PM
    filing ar-11 is mandatory so please do it.........

    also if your new job meets all the legal requirements then getting a RFE should not be an issue just a nag........

    I my experience RFE is generated in one of the following 2 cases:

    1. Filing AC21( I am against filing it as long its not requested by USCIS as its not mandatory and sometimes just triggers unwanted attention to your case......

    2. If your 140 is revoked by the previous employer....in this case you can bet that an RFE is going to be generated for sure if not worse like NOID etc...........In this case actually filing AC 21 might be a better option......

    Above is just my experience and every case is different....this is not legal advice in any way........
    if you want more clarifications feel free to PM me........

    but again file your AR-11 RFE or not............its mandatory.......




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  • gchopefull
    12-17 12:48 PM
    did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
    sorry for the last post and thank you in advanced for your response



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  • vallabhu
    01-14 12:22 PM
    The source is Immigration-law.com

    This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.

    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B (8 U.S.C. 1324b) is amended--
    (1) in subsection (a)(5)--
    (A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
    (B) by moving the text down and to the right 2 ems;
    (C) by inserting before such text the following: `(A) IN GENERAL- '; and
    (D) by adding at the end the following:
    `(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
    `(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
    (2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 is amended--
    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
    (2) by adding at the end the following:
    `(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
    `(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
    `(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
    `(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
    `(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
    `(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.




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  • wandmaker
    10-22 10:04 PM
    Guys,

    Here is a hypo situation, which I am sure we will be interested to know.,

    What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,

    Thanks

    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!




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  • PD073102VA
    03-26 09:43 PM
    One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.



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  • santb1975
    09-23 09:20 PM
    I am still waiting for the receipt numbers. Could take a couple more weeks




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  • dilbert_cal
    04-26 12:21 AM
    WillGetGC2005

    Alright my last understanding was wrong.

    So to recap what I understand :-

    You have a PD of 2002 in EB3. Have approved I-140 and pending 485.

    What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.

    Since you have a 485 filed, why would you want another 485 ?
    Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
    If you convert your case to EB2 which is current, you may have your actual GC much sooner.

    Now to your question - what happens if the old employer revokes I-140.

    I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.

    If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)

    Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )




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  • wonderlust
    07-18 05:12 PM
    Hi. I realized that I made a mistake when filling out the I 485 Part Three:

    I posted this at the wrong spot initially. Sorry.

    I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.


    I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.

    I was wondering whether anyone here had done that before.

    I am kicking myself for misunderstanding the form! Please help!


    Wonderlust




    chanduv23
    09-17 02:03 PM
    You have company Andy. How old are you?

    We now have Toddlers and Senior citizens doing the rally so why are the young energetic folks sstill deciding ???




    ragz4u
    02-23 11:19 AM
    http://news.yahoo.com/s/nm/20060223/pl_nm/security_usa_india_dc

    Maybe we should involve this org too! Let them know that the ordeal does not end with a visa being granted, but in the true sense, just starts (in case the scientist wants to immigrate)



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