sreda, 15. junij 2011

Star Wars Droids

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  • pleaseadviseme
    09-23 07:01 PM
    First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.

    Thank you so much, you have been really helpful.

    My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
    or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
    because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!




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  • acecupid
    06-08 11:57 AM
    Ever since they made I-131 online, its always been a mess. The form usually shows an expired date, and there are lot of glitches applying online. I was hoping USCIS would have improved their system by not since its been online for more than a yr now. But I guess just like the backlogged applications everything moves slow in USCIS.
    I prefer to do the paper filing.




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  • abracadabra
    07-06 11:50 AM
    Asked seven so far. There are live discussions till 2 pm today. I am going as any number of times cheers




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  • nkavjs
    09-25 02:17 PM
    I would love the sound of it.. sit at home.. But what shd I answer to USCIs at the time of EAD renewal or RFE, about working less hours.. Does any law protect situations like us..like new baby law.. or over-stressed employee law.. or something...



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  • minimalist
    09-16 04:34 PM
    about so much uproar and fighting about not letting illegal immigrants have healthcare.
    Dems even explicitly stated in the bill that no illegals will be eligible for the benefit.
    They must be laughing inside because after the CIR, there will be not many illegals left.

    Anyway just an observation.

    Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.

    So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )

    That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....




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  • chandrajp
    06-14 03:05 PM
    I also have the same question can someone comment on this

    thanks !!

    Bumming up /\ /\ /\
    When I applied I140 and I485 concurrently along with EAD in June 2005, I got EAD approved and mailed in 1 month. But my I140 got approved after an RFE in the last week of Nov 2005. EAD and AP processing dates are different.



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  • bidhanc
    04-19 02:47 PM
    Hi,

    I just got back from Mumbai.
    My Indian passport was issued here in the States.
    My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
    But I am a resident of Bhubaneswar.

    I opted for Mumbai as it was going to be my port of entry.
    Did not get any such warning or mail.
    So not much trouble as far as the stamping was concerned.

    Don't understand why they would try and compel you to move to your own district. This must be a recent thing.

    Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
    Sorry, don't know abt that.

    Bidhan




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  • rkdownload
    08-17 12:28 AM
    Marriege Certificate

    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.



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  • chantu
    06-20 02:48 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks

    Now I have a question?

    My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.




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  • Eternal_Hope
    05-10 05:07 PM
    If under the bullet point (b) you have an option to choose "other" then choose that.

    EAD is not a status; pending I-485 allows you to be "legally present" in the country without having a "legal status". Similarly, AP allows you to travel out of the country and reutrn without abandoning your pending I-485 application. (At least that's what my understanding is .....)

    All the best..... hope things work out well with your application .............



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  • Dhundhun
    06-26 01:02 PM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485

    No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.

    As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.




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  • meet
    08-18 11:33 PM
    Thanks @
    vishwak and ashwaghoshk !!!



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  • s_r_e_e
    11-26 05:29 PM
    congrats..

    I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'




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  • abracadabra
    07-06 12:51 PM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/07/05/DI2007070500813.html



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  • Soul
    04-28 10:50 AM
    Kit, you just copied my vote :P

    - Soul :s:




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  • s416504
    02-03 09:34 AM
    I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
    I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
    I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.

    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions



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  • Blog Feeds
    01-09 02:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgKUr2Q6Rb9gJGMkMwHZxyHU0t-Xr-MCu-O6v3y0hMsaj9ZXq5KzcQIw95qV8eWLLj5EoPf6ezNTAM_KAJt6cYWYZkb4EjeVs-2NdGUMJruWyZnYz04mkkTp6RbMRdziC4QASz-dq8SbbM/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgKUr2Q6Rb9gJGMkMwHZxyHU0t-Xr-MCu-O6v3y0hMsaj9ZXq5KzcQIw95qV8eWLLj5EoPf6ezNTAM_KAJt6cYWYZkb4EjeVs-2NdGUMJruWyZnYz04mkkTp6RbMRdziC4QASz-dq8SbbM/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President


    Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.


    There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.


    While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.


    Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.


    Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.


    It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.


    I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.

    https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)




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  • chi_shark
    07-07 05:58 PM
    Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?

    that, my friend, is a million dollar question!




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  • maverick80
    01-30 03:37 AM
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks




    krishmunn
    02-07 10:17 AM
    How much is the diffference ? If the pay (you are getting) and the required pay is not vastly different (say within 10-12 % range) you should be OK if company can prove their ability to pay.

    The GC salary offered need not be paid now, it need to be paid after 485 is approved (which possibly will take years)




    nshalady
    06-15 12:20 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Hi,

    After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

    Will we need to file for H4?

    Thanks,

    Ams



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