Sunday, June 12, 2011

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  • anilsal
    12-14 11:49 AM
    Are we calling the Senator's office for taking up the cause for CIR?

    I presume he is a democrat. Can we request him to take into consideration, skilled immigration?





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  • sri1309
    11-04 07:01 PM
    Please delete this thread, Admin.

    We believe this guy did it by mistake.. pls dont shout at him..





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  • lfadgyas
    02-15 08:02 AM
    I guess there is a �law� which allows the Attorney General to cancel your removal process if certain conditions are exists. So, this is not automatically granted like you can file for it �hey I�m here more than 10 years �� it states only that they �may� cancel the removal� ( by the way this is during the deportation process � so probably you do not want to test this part)

    Read below:


    INA: ACT 240A - CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS


    Sec. 240A. 1/ (a) Cancellation of Removal for Certain Permanent Residents.-The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-


    (1) has been an alien lawfully admitted for permanent residence for not less than 5 years,


    (2) has resided in the United States continuously for 7 years after having been admitted in any status, and


    (3) has not been convicted of any aggravated felony.

    (b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-


    (1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-


    (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;


    (B) has been a person of good moral character during such period;


    (C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and


    (D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.





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  • gcformeornot
    05-03 02:18 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.



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  • ASingh10
    07-25 11:33 AM
    Your answers were very useful.

    Thanks for your time. Any more insights people?

    Abhishek





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  • god_bless_you
    04-28 01:07 PM
    The attached USCIS memo document will be helpful regarding this issue:



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  • abhijitp
    01-25 07:14 PM
    Thanks for your suggestions, I am sure IV-Core will note them.

    Did you send out letters to the WH + IV?
    The recapturing of numbers does not need legislation, it can be done by administrative intervention.

    PLEASE SEND YOUR LETTERS!
    Thanks!





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  • lazycis
    09-25 03:07 PM
    Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.



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  • H1B-GC
    04-17 12:35 PM
    however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:

    LOL.... Nice catch.;) . read it as fianc� the first time.





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  • gc_dream07
    03-04 05:14 PM
    I think you can do some community service. Check with public library or school.



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  • Becks
    11-09 08:45 PM
    Can anybody clarify what will happen to pending 485 when 140 is denied and appealed?





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  • sam_hoosier
    07-25 05:04 PM
    Hello folks,

    First of all thankyou for your input in advance.

    I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.

    My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?

    Thank you!

    Your lawyer should be able to help you get a duplicate I-797 if your employer cannot find the upper portion. I believe you would need the entire document when you go for H1B stamping.



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  • casinoroyale
    01-26 10:25 AM
    I would also like to suggest to display complete heading in the "Recent forum posts" section.





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  • rajeshalex
    09-20 01:31 AM
    Hi Modi,

    If u plan in 3 months prior and if u dont travel during the peak times you should get a good deal from anyone. Peak time is when school closes in US and Dec 10 to Jan 20.

    And get quotes from one or 2 agents and check the airline website. This should give u a good starting point

    Rajesh



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  • frostrated
    08-18 12:56 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..
    The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.





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  • hpandey
    11-11 11:14 AM
    Look at the bright side buddy . It is definitely something to look forward to and provides hope that you might get the magic email of getting your GC any day. Of course three year H1 extension and two year EAD is the problem but you are looking on the wrong side. If you get the GC neither will you need the H1 nor the EAD.

    And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )



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  • billu
    05-02 05:23 PM
    There are several things that can save you a bit!
    You can do balance transfer on your credit cards in US every year for the amount you usually save in a year.
    So, say you save 25k in a year, take that much amount in balance transfer on a credit card here for one-time 4% balance transfer fee, transfer it to india and pay it in a year after you saved that much.
    You can also take loan on your existing car for close to 5%.

    I took HDFC home loan in india, and knocked out close to 25k every year from it by doing the above.


    thanks a lot for your response. I do not have a house or a paid off car here. I need atleast 40-50k loan. Could you describe the balance transfer thing a little more? I was under the impression that balance transfer is usually from one credit card debt to another one but I did not know that it works like a cash advance too where you can borrow money. Can I borrow 50k from my CC and payback that amount in 2-3 yrs (with savings) without much interest?thanks again.





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  • ilwaiting
    12-28 09:44 AM
    It would be really ages before EB3 moves to Jan-03. I guess we can worry about the getting stuck(in Jan-03) part when we are there. Just trying to be realistic.


    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??





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  • psaxena
    11-19 04:05 PM
    Wait why not the immigration lawyer can advertise here and scare the shit of the people.
    Manpreet Bawa can do advertising for "Life Insurance" and Hebbar77 can do for his coaching classes and show the anti immigrant attitude to divert everyone.

    Atleast this post is a bit relevant to immigration stuff happening. People should not worry about these if they are doing the right thing and are doing with in the lines.




    Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
    BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.

    Why are these companies so scared if they are following the law?
    The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.

    I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.

    So, cry me a river...go ahead..





    uma001
    11-04 04:44 PM
    The title of the thread is misleading. Please change it.

    Amul


    How to change the title?





    krassib
    06-03 11:57 AM
    Berkleybee,

    Thanks for the sample email2. I am going to talk with HR on Monday to post it. The branch that I work in has many graduates that I beleive are on H1-B status. I have to convince them that they are about to face retrogression problems some day.

    Krassib
    Yorba Linda, California



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