Wednesday, June 8, 2011

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  • MeraNaamJoker
    09-16 04:50 PM
    Having stated the above which pretains only to those cases which are still in process.

    For those who have their GC in their hand, the situation could be slightly different.

    If you do not join the company, it is considered as SHAM EMPLOYMENT.

    I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.

    GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.

    By the way, I have decided to join another company after 2 months.

    Jumping the boat immediately might cause trouble.

    So please be patient and give it as much as time as possible. I will say at least 2-3 months.





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  • lacrossegc
    06-25 01:19 PM
    IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....



    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.





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  • senthil
    02-07 08:48 AM
    folks - this is what ive been told.

    we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.

    In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.

    hope this helps. do you guys have any suggestions / questions





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  • amitga
    08-01 11:46 AM
    YouTube - Piya Tu Ab To Aaja (http://www.youtube.com/watch?v=bua_QY1awj8)



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  • MatsP
    February 5th, 2008, 05:56 AM
    Hey, I didn't know you've seen my cameras, Mats! ;)
    Actually, I've seen my old EOS 1n, which was a bit beaten up when I bought it used several years ago - and it's no better after I have had it for a while. The 1-series bodies do tolerate quite a bit of abuse and still take good shots. I just wish I had the money to get a 1Dmk2 [or Mk3...].

    --
    Mats





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  • gcpadmavyuh
    09-23 11:54 AM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


    I would really appreciate your help!



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  • singhsa3
    05-01 11:50 AM
    I know only three things:
    a) USCIS recommend DOS what visa cut off dates are .
    b) We know that cut off dates movement have been arbitrary
    c) If I don't help myself there is no one who is going to help me out of this mess.

    First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.





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  • coopheal
    05-06 12:39 PM
    Transaction ID: 15509419M155420

    You sent a payment of $100.00 USD to Immigration Voice (donations@immigrationvoice.org)

    It may take a few moments for this transaction to appear in your account.

    Thanks



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  • Saralayar
    05-14 06:28 PM
    Hello friends,
    On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
    Please provide all your GC personal details in IV so that you will get better answers.





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  • coopheal
    05-06 12:39 PM
    Transaction ID: 15509419M155420

    You sent a payment of $100.00 USD to Immigration Voice (donations@immigrationvoice.org)

    It may take a few moments for this transaction to appear in your account.

    Thanks



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  • belmontboy
    05-21 04:56 PM
    we have become subject of joke for them!





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  • Aah_GC
    08-28 11:12 PM
    I have had the same problem. I have contributed $700 so far, but any attempts to access donor forum was just left to emails where Pappu would point to some other guy. This guy would mess up my profile and I would be left with interupted access to even my non-donor profile.

    The moment I cancelled monthly contribution off, I got an email and then some prompt follow ups. I explained my case and got a phone number to follow up which I did not call. Why should I?

    I understand this site is not run by dedicated professionals, but what about folks who have contributed not just in terms of money but by participating, acting on action items, promoting IV? Why cant you just give access to donor forums to folks who contributed in excess of atleast $500? (just to satiate my selfish limit)?



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  • manderson
    10-10 09:27 AM
    i filed thru TSC also, on Aug/14/15. Is this an isolated case or is this happening to others too?

    Anyone else?





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  • andycool
    07-18 11:05 AM
    here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

    (note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

    1. landed in the united states on f-1 visa -- september 2000.

    2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

    3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

    4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

    5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

    6. graduated with advanced degree (and high academic honors) in december 2006.

    7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

    8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

    9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

    10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

    11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

    12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

    13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

    14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

    15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

    16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

    17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

    18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

    notes in conclusion:

    1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

    2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

    3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

    4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

    5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

    reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

    Dude ,

    Its indeed a long Journey ....

    Enjoy

    Thanks



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  • saibaba
    01-21 04:30 PM
    You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.

    I second u...Infact I strongly advise everyone to use AP instead of taking chance with H1 stamping(keeping the PIMS,Secuirity check related delays in mind)...

    At POE, they just verified my passport expiry date and AP Expiry date..and let me IN....





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  • atlfp
    04-08 01:26 PM
    I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

    Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

    It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.


    like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.

    The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.



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  • eb3_nepa
    07-23 12:08 PM
    ya , in ur words agents

    raju_abc. With all due respect to new members.

    For one, where you should work is up to you and this forum is NOT the place for questions like, what location is the best to work at.

    Secondly, do you realize that you have wasted a perfectly good H1B visa that someone else could have obtained?





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  • antihero
    05-21 08:44 PM
    Let's not laugh it off so completely. When was the LUD on your I-485? It will give us some more clue about what exactly is going on behind the iron curtains.


    Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
    The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

    PS - Sorry for the Title. But I am just quoting him.





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  • GreenCardLegion
    03-25 06:36 PM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 – shows 57,000$/yr
    2006 W2 – shows 50,000$/yr
    2007 W2 – shows 58,000$/yr
    2008 W2 – shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    Thanks.





    nutakksa
    08-28 02:11 PM
    See my signature below. Waiting for FP notices from TSC. spoke to my attorney. They mentioned that they are getting FP notices slowly from TSC.

    ---------
    TSC/EB2/PD March 2003
    485 RD June 18 / ND July 17
    FP notice - ??????
    AP- Approved on 8/22 for self and family - yet to receive app notices
    EAD - Approved on 8/27 for self and family - Yet to receive App notices.





    OLDMONK
    07-18 09:16 PM
    My I 140 alone was applied on July12th as we did not know anything about the revision that time.

    I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.

    Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.

    Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?

    Thanks a lot for the reply,
    Sam

    The Big Question is can you squeeze a receipt before 15th Aug in hand(before noon). Means sent around 8-10th Aug (optimistic) They have exactly 16 days from your delivery date.

    In Normal circumstances YES. in current scenario NO (pessimistic). Chances are you will get it much before 8th. I am just saying that to avoid your stress though.

    And yes you will fall under the bulletin And the truth is who cares now as to what is current. They will accept every crap until 17th Aug. and then sit on it for next decade.

    Don't take me wrong I wish you all the best, but the PR disaster they have been in recently I don't expect humanitarian approach from USCIS.



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