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  • immi_seeker
    07-14 01:57 PM
    I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.

    Planning to call NSC to see what I can do,

    Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.

    btw, what is ur PD & categoru




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  • Berkeleybee
    09-01 08:39 PM
    Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.

    It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)

    He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.

    Google the guy, you'll see his rage all over the web.

    These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.

    best,
    Berkeleybee




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  • kaisersose
    07-16 02:39 PM
    You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.

    Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.

    Thank you, but I already know that one!




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  • rkrishna123
    10-17 03:11 PM
    Thanks guys for your advice and time.....



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  • Illuminae
    05-27 05:00 PM
    lmao... this is great. :beam:




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  • gveerab
    02-23 01:18 AM
    Hey Guys,
    I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"

    One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.

    I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.

    Thanks,
    Veera



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  • singhsa3
    07-20 04:44 PM
    I will try to answer to the best of my knowledge but I am not an attorney.

    Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.

    You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.

    Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.

    So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.

    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)




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  • gc_wannabe
    06-17 03:30 AM
    that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.

    It is very unfortunate that your lives can be tied to this dates circus. :(

    Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

    it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.



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  • simple1
    05-18 05:00 AM
    this guy is a fake. busted.

    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam




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  • sam571
    05-08 10:20 AM
    Hey jvs_annapurna
    Congratulation on your approval .

    I have one question for you? Your new Company is direct client company (like Google, yahoo)
    or its a consultant?

    Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?

    Please advise Gurus,

    Thanks.



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  • ssnd03
    07-12 04:32 PM
    Every guy thinks that his/her problem is always the biggest bottleneck

    Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

    It will not solve retrogression which is a bigger problem, but requires congressional action for number increases




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  • shsk
    07-16 11:36 PM
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help



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  • frostrated
    06-25 01:17 PM
    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this

    1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
    2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.

    any thoughts anyone?




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  • ruchigup
    08-22 03:22 PM
    As stated earlier go for your own lawyer.


    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation
    __________________
    Can I have some recommendations for good attorney?



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  • xmmx10
    11-19 12:16 PM
    Damn...I saw it was Apr 2007 for NSC and when I rechecked its back to Oct bulletin. What the hey...

    For Nebraska:
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    For Texas:
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    Summary for I485:
    Nebraska has processed most applications that it has had for 7 months (filed on or before April 14 2007).
    Texas has processed most applications that it has had for 6 months.

    Since 6 months is the target, Texas can be considered to be caught up, and Nebraska will likely have caught up next month.

    For I485 that makes the visa bulletin the main issue.




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  • Green.Tech
    08-05 05:41 PM
    Thanks for the response, folks.

    It will be interesting to hear from people who have or are required to sing certain contracts with their employers.

    I am assuming the employers logic can be that - "well we were the ones who really paid for your labor cert" and that may be true as far as DOL is concerned. But my logic is if I reimburse you that money a year or two down the line, doesn't that mean that eventually I had to pay for my labor cert :)

    I am also interested to know what kind of contracts the employers are having people sign - reimburse us if you leave within a certain time frame (2 or 3 years from when your GC process was initiated by the company) or are the contracts more like - reimburse us full amount no matter when you leave during pending GC process.



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  • raysaikat
    04-22 01:20 PM
    thank you so much
    I was thinking the same.
    so do you think should i transfer to H1B and how does it happen.
    thanks for sharing your opinions on my query.

    Your employer applies for H1-B, not you. Find an employer who is willing to offer you a job and willing to petition H1-B on your behalf. As long as the H1-B quota is not exhausted and the petition was correctly filed, etc., you will get H1-B.




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  • eb3_2004
    04-07 02:01 PM
    As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

    Correct me if this is wrong...




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  • sanjay02
    08-22 03:14 PM
    As stated earlier go for your own lawyer.


    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation
    __________________




    mishras
    05-14 10:49 AM
    This is not a joke, we have received this querry, and are seeking some helpful advice.




    abhijitp
    01-25 01:35 PM
    Volunteers all over the country are helping this effort outside of a local train station in SF Bay area, and members who live within 2 miles of the train station don't even read their mails!

    Thanks Janislal and Kicca.
    Together, we will make the admin fixes HAPPEN!



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