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Thursday, August 11, 2011

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  • zdash
    10-26 02:32 PM
    In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
    Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
    Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.

    Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.

    On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.

    With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.

    Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.

    If there is any hope, your help/advice/inputs will be greatly appreciated!





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  • natrajs
    02-10 04:14 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Congrats and Best Wishes

    Your H1B extension request will be automatically denied and you don't have to worry about.

    its been a long wait, Congrats again





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  • coopheal
    12-05 11:41 AM
    While I have never worked on OS level, my company attorney has made a mistake. God knows why, but it is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software :mad:


    I found this link.
    http://www.bls.gov/oes/current/oes_stru.htm





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  • sekasi
    08-18 08:55 PM
    In that case, kinda have to make the ya rly counterpart ;)



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  • rockstart
    03-23 01:05 PM
    If you check the video clip of the news the reader mentions it almost at last.

    RIP .....

    The report does not say that they were not wearing seat belts.





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  • Templarian
    08-20 04:01 PM
    Really nice one. The mouth is perfect. I think with some themes they sort of need an outline though, not all the themes use the default white I don't believe.



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  • sheela
    10-04 02:45 PM
    Receipt date Jul 2

    Transferred from NSC>CSC

    Receipt Notice Aug 23

    Got EAD/AP

    485 Transferred from CSC>NSC

    Waiting for FP notice

    This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC





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  • vmetla
    09-01 05:08 AM
    That�s good. In addition to the evaluation, it doesn�t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.

    Thank you for your help in this regard. My attorney submitted

    1. Expert Opinion Letter
    2. University Letter

    and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
    Mine was PP.



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  • aranya
    03-09 03:07 PM
    Hi,

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.


    I was in a similar position a few years ago. I had to be at home for 1 month.
    From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

    1] Most jobs are at-will meaning there is no real way to "protect your job".

    2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

    3] They must have talked to their immigration attorney who set them straight about LOA etc.

    As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

    As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

    Good luck.





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  • martinvisalaw
    07-22 06:01 PM
    Hello,
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?

    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.



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  • GCOP
    09-24 11:49 AM
    This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.





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  • helpmeExperts
    02-14 07:35 PM
    i agree with crystal. If you are not yet married, i would advice to get married soon. Once if you plan to jump on EAD, it is not easy to come back to H1. If you apply for h1 extension, you have get it stamped..

    ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current

    please advice



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  • manderson
    09-21 03:05 PM
    Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.

    In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?

    I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....

    Thanks is advance.





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  • ThinkTwice
    07-09 08:11 PM
    Please be present and get some shots and videos if possible ..(please confirm that you can take pictures etc) .. it would be great, we in other areas would like to get a glimse of how this whole thing went down...



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  • augustus
    09-06 01:22 PM
    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska





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  • praveen2008
    02-13 11:39 AM
    Hello All,



    I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



    I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�

    I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice



    � Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india

    OR

    � Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..



    I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



    Thanks,



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  • chanduv23
    09-17 02:10 PM
    ^^^^^^^^^^^^





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  • niles123
    12-26 01:32 PM
    Chantu,
    Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..

    Thanks

    I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.





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  • horscorp
    02-06 07:37 AM
    Hello,

    My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:

    H1b start date: 01-Oct-2004
    Perm applied: Jan-2008
    Audited Twice: First time because of FRAGOMEN and second time asking for some documents
    Perm Status: Pending
    Original H1b expiration: 30-Sep-2010
    H1B extended because Perm has been pending for more than a year
    Current H1b expiration: 30-Sep-2011

    I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.

    In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.

    thanks





    pmgthj
    03-13 09:53 PM
    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...





    cygent
    07-03 07:24 PM
    I wanted to share this with all of you. This is my attorney & friends (who is American) thoughtful response to a thread below :-

    ************************************************** *********

    Donna:

    What is the source of your facts about immigrants?? Immigrants also pay A LOT into the
    system

    MOST "IMMIGRANTS" AS YOU SO LOVINGLY CALL US, ARE LAWFULLY IN
    THE UNITED STATES (BELIEVE IT OR NOT!!!) AND THEY ALL WORK A LOT
    HARDER THAN MANY AMERICANS ARE WILLING TO WORK!!!!

    MANY MANY THOUSANDS OF DOLLARS ARE PAID INTO THE SYSTEM BY
    THEM EACH YEAR. THOSE HERE ILLEGALLY NEVER HAD, AND NEVER WILL
    HAVE THE RIGHT, TO GET ANY OF THE MONEY BADK - EVEN WHEN THEY
    HAVE REFUNDS DUE THEM. THE IRS JUST K E E P S IT F O R E V E R AND
    IT, HOPEFULLY, GOES TO AMERICANS WHO ARE NOT IMMIGRANTS!!!

    GREEN CARD HOLDERS (ALSO "IMMIGRANTS") HAVE WORKED HARDER THAN
    AMERICANS DO - AS I MENTIONED AND THEY ARE CLEARLY ENTITLED TO GET
    THE BENEFITS THEY HAVE EARNED.

    DO YOU FOR ONE MOMENT THINK THAT THE SSA WILL GIVE THE ILLEGAL
    IMMIGRANT ANY SOCIAL SECURITY?!!????

    NEVER HAPPEN - NEVER HAS HAPPENED!!!! IF THEY FALSIFY INFO TO ANY
    GOVERNMENT AGENCY - THEY WILL NECESSARILY GET CAUGHT GO STRAIGHT
    TO FEDERAL PRISON FOR AT LEAST 2 YEARS AND THEN GET DEPORED. THIS HAS
    BEEN THE LAW FOR DECADES AND IT IS ENFORCED!!!!

    EVEN THE LEGAL IMMIGRANTS HAVE TO BE CAREFUL ABOUT GETTING THE
    SSA THAT IS DUE THEM. THEY GET CHEATED BY THE SSA EVEN MORE THAN
    US CITIZENS DO IN THE NORMAL COURSE OF SSA DAILY STEALING OPERATIONS
    - IF THEY LEAVE THE COUNTRY FOR TOO LONG (FOR EXAMPLE IF A PARENT GETS
    SICK AND THEY HAVE TO GO AND TAKE CARE) THEY JUST L O O S E ALL
    THEIR BENEFITS PERMANENTLY - EVEN THOUGH THEY MAY HAVE BEEN BEEN
    HERE AND WORKED FOR MORE YEARS THAN MOST AMERICANS DO. THIS
    KIND OF DISCRIMINATORY CONDUCT BY GOVERNMENT AGAINST LAWEUL
    PERMANENT RESIDENTS HAVE CONSISTENTLY BEEN HELD TO BE CONSTITUTIONAL
    BY THE SUPREME COURT EVEN EVEN THOUGH IT IS CLEARLY UNFAIR. THESE
    BENEFITS CAN BE REFUSED VERY EASILY FOR THE LEGAL RESIDENTS WHO
    WORKED HAS DOUBLE AND TRIPLE JOBS FOR FIFTY OR MORE YEARS.

    WHO BENEFITS FROM THIS? YOU GIVE THE ANSWER!!!

    LIGHTEN UP AND LEARN THE REAL FACTS.

    ALL IMMIGRANTS ARE NOT ILLEGAL. IN FACT, MOST IMMIGRANTS ARE
    LEGAL AND WORK THREE AND FOUR JOBS - DO YOU WANT TO WORK SO
    HARD?? HE..- NO!!!!!

    PASS THIS ON TO ALL THE PEOPLE YOU KNOW SO THAT THEY CAN BE
    EDUCATED ABOUT ANOTHER MORE FACTUAL ASPECT OF THE MATTER.

    THANK YOU, DONNA.

    xoxoxo

    ----- Original Message -----
    From: Donna xoxoxo
    To: xoxoxo@yahoo.com
    Sent: 7/2/2009 5:16:27 PM
    Subject: Social Security Insult

    This is an insult and a kick in the butt to all of us...
    Get mad and pass it on - I don't know how, but maybe some good
    will come of this travesty.

    If the immigrant is over 65, they can apply for SSI and Medicaid and get
    more than a woman on Social Security, who worked from 1944 until 2004.
    She is only getting $791 per month because she was born in 1924 and
    there's a 'catch 22'.

    It is interesting that the federal government provides a single refugee
    with a monthly allowance of $1,890. Each can also obtain an
    additional $580 in social assistance, for a total of $2,470 a month.

    This compares to a single pensioner, who after contributing to
    the growth and development of America for 40 to 50 years, can only
    receive a monthly maximum of $1,012 in old age pension and
    Guaranteed Income Supplement.

    Maybe our pensioners should apply as refugees!

    Consider sending this to all your American friends, so we can all be
    ticked off and maybe get the refugees cut back to $1,012 and the
    pensioners up to $2,470. Then we can enjoy some of the money we were
    forced to submit to the Government over the last 40 or 50 or 60 years.

    Please forward to every American to expose what our elected politicians
    have been doing over the past 11 years - to the over-taxed American.

    SEND THIS TO EVERY AMERICAN TAXPAYER YOU KNOW



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