Monday, 20 June 2011

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  • anu_t
    06-19 10:14 AM
    Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

    AC-21 can be invoked on H1 as well as on EAD. Your choice.

    Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

    Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

    Hope it helps.

    ----------------------------------
    Permanent Resident since May 2002



    Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.
    Like what documents I need that time? Do I need 140 copy that time too?
    Again thank you very much for your responce.





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  • logiclife
    01-15 04:51 PM
    I have purchased 4 firearms during my nonimmigrant status, including a handgun. Nonimmigrants can generally not own firearms in the US. Though, there is an exception to the law if you possess a valid hunting license and have resided in the US for more than 90 days. I took a hunting class, which was a prerequisite for the hunting license and also had very good firearm safety information.

    For long-guns, you will need some paperwork before you go to the gunshop (utility bills from at least last 90 days, hunting license, Driver's license, your I-94 number). The background check will probably be delayed a day or two while FBI checks your immigration status. Your gun seller will call you when they get the ok.

    For handguns, there may be additional paperwork. I had to apply for handgun permits with the local sheriff's office. The person you first deal with will probably be unaware of the exception for individuals with hunting licenses. You will probably need to take a copy of the law (ICE has a pamphlet on firearm laws for nonimmigrants, take a copy with you) and talk to a supervisor. Once you get the permit you take the permit and your DL to the gun seller plus all the paperwork I listed for long gun purchase. Let me know if you have additional questions. Good luck.

    I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.

    Here is the biggest irony:

    IN order to own a gun, FBI needs only 2 days to check your background.

    IN order to get 485 approved, FBI takes months or years to do a background check.

    I guess green-card is a more lethal weapon than a handgun.





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  • rameshvaid
    09-22 09:25 PM
    Called 3 from Ohio and left messages. I will call most of them tonight.


    RV





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  • crystal
    02-23 02:09 PM
    I know a term called "spitting the venom". It is on full display in your post.



    my dear.. pretentious pseudo middle class desi...
    i know ppl like you...
    you wear an armani to office but still carrying curd rice and pickel for lunch...
    you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)

    according to u ...we are losers because we dont like being called a DOG in 21st century...

    if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..



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  • tooclose
    08-11 10:01 AM
    Very Disappointment for me.....as i missed it with couple of days.

    Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)

    I'm not sure if they are going to move dates in Oct or not...

    Don't quote me on this... I am not trying to give you false hope ... but this is what I see in one of the documents...


    Check 3rd and 4th page.

    I was in the same boat with 05-MAR-2006 PD (Aug VB)

    Good luck !!!





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  • vivekm1309
    03-17 05:34 PM
    Bernanke's predecessor Alan Greenspan has written a book (check it on Amazon) where he makes a case for increased high-skilled immigration. He makes a forceful case that its good for the greater economy (and not just limited to housing sector). And yet, we don't see any action on the Capitol (do we?!).

    If Bernanke gives a media statement about the benefits of increased high-skilled immigration to media, it will create a few articles, a few heated discussions. It will peter out after that ( like Bill Gates testimonies to US Congress). Ultimately its the guys sitting in the Capitol and WH who control what becomes the law. And they aren't going to decide on immigration based on what Bernanke states in a brainstorming session.

    Here's the complex process - Someone has to write a bill, work on getting sponsors and co-sponsors, network with other Congressmen to support the bill. Get it through the bureacracy of the Sub-committee on Immigration in the Senate, get a filibuster proof majority of 60 senators to get it passed. Same has to be done in the House. Get it out of House immigration sub-committee. Get a majority vote in the House. In doing all this they shouldn't create a reason for Pres. Bush to veto it. In case he does veto it (for any reason) it will go back to Congress and 2/3rd majority to override the veto.

    If it was so easy to get a bill passed [by getting Mr. Bernanke to support it] lobbying business would've been long dead. Companies wouldn't be spending millions of dollars every year to safeguard their interests.

    Point is - getting Bernanke/media support may create a traction for our issue and get it some coverage. I'm not saying the effort is completely useless. It has it's place. But it will not fix the issue by itself. We still need to meet the lawmakers and convince them, we still need to send those letters, make those phone calls, send those faxes and so on. Getting Bernanke/media support will never be an alternative to IV efforts. They will, at best, complement it.


    Patton Boggs is a lobbyist hired by IV, Can he help in this situation ? It may be the case he already may be working to get something thru ..



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  • kak1978
    08-10 11:18 PM
    May be the Law firm signed up for the bulletin email and they got it through email. Did anyone here subscribe to the email?





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  • zephyrus
    10-31 06:02 PM
    Did you get any response from USCIS? Is it worth trying?

    Hi

    I used the provisions of AC21 and changed jobs in early 2005. FOIA requests will work for your I-140. I-140 is filed by the employer on your behalf and is therefore your paperwork.
    It took approximately two and half months to come through.

    HTH
    - zeph



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  • DDLMODES
    07-06 12:48 PM
    If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.


    I don't think they will cash any checks. They know at least not to do that.





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  • vjkypally
    10-05 10:24 AM
    Thats great news



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  • posmd
    03-28 04:14 PM
    Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.

    Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.

    The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.


    I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
    The BEC mess can be sorted in other ways.
    Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
    There is NO WAY around retrogression mess.
    Try to see the bigger picture, since your ultimate objective presumably is getting the green card.





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  • punjabi
    04-08 12:13 PM
    I didn't do any mathematical calculations, but my guess is:

    EB2 I:

    Practically speaking: EB2 I moves to 01 APR 2004
    Optimistically speaking: EB2 I moves to 01 JUNE 2004
    Frantically speaking: EB2 I moves to 01 JAN 2005

    EB3 I:

    EB3 I move forward by at least a quarter.

    Just plain guess, my friends.



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  • chisinau
    06-14 02:37 AM
    My PD is september 2006, I140 approved, DS230 approved, 3 packet approwed or not ( I am not sure, accordig to the last reply from the attorney my case could be even in the consulate), Before the retro began my case used to be a subject for schedule "A"( nurse), now I am in EB3...

    The question is - will I receive my appointment to the interview soon(next month), because all forms have been accepted already, or I have to wait for all cases with PD older then mine to pass before my case???

    One more question.
    I am not in the US. Should I try to go to the US, and then(after 2 months) apply for I485, before the retro will start again in september??? Is it necessary to have I485 approved in order to receive legal status or it just have to be filled and applied? Will I lose my place in the consular processing after applying for the adjastment of status?

    I know , too much questions, sorry for that but I am realy confused, and badly need your help and advice!

    Thanks, all replies are appreciated!





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  • Dhundhun
    06-13 01:44 PM
    That's the last post I put here. Let this thread disappeared

    Firstly I am not from India where most of your guys come from. Instead from Taiwan 2 and half year ago. As travelled much between Asia countrys, no much time staying is US office although I based here. Yes, my English is poor and broken but this is not a fake story, make no sense for me. Just kill the time???

    When cops knock out your room, handcuff your hands on the back, force you stay down at the corner , if you could keep calm and state very clearly. I can only show my respect but unfortunately I did not make it. This is my first time. :( Should be the last time either.

    Now the negative point is mostly from my statement, no matter whether you believe, the attorney told me drag with anger is battery. we think that's okay does not mean it is okay on the law. So I wish you guys be careful on this kind of play around to avoid any trouble. I knew you all have better english than me. so you could explain clearly :) But Same level, do it on your spouse is even worse on a stranger.

    I create this thread just wish listen your opinion and try public view how much chance I can win the jury trail. Some of your advice is really helpful and I will take them.

    My wife is writing the mail to DA and wish it helpful to my case. I will have several rehearsal with my attorney in coming weeks. Anyway, we will fight for the justice and not accept that ridiculous battery charge.
    Any advice, please PM me, highly appreciated. If you suspect my honest, please don't waste your own time. Let's shut up on this thread and let it gone.

    Thanks.

    No need to upset. This is a different type of question. I googled and researched on it for hours, how to suggest you. In fact I did not know several words and acronyms used here.

    This is a situation because of cross-cultural differences, ignorence of law of land, weaker knowledge of English, etc. It might not have been aggrivated, had you been in your native country.

    Once in Japan, I crossed rails to go to next platform and caught by police for doing so. I explained them my childhood, when every day I used to do so in small town and it was OK there. Police told me that they understand me, and asked me not to repeat again there.

    My son asked for Samurai. On airport, the moment police saw it, they snatched it from me. They kept it under their possession and handed over to airlines to give me back at destination.

    I feel that police and people are considerate to situation.

    So, based on my experience of sevaral such things happening due to ignorance and past habits:
    .... Use translater and explain in native language (You can say that you know technical language to work in office, but don't know day-to-day language. You don't know difference between drag, pull, take along, etc).
    .... If you have any cultural example, explaining up to what level it is acceptable in your society.

    You must understand that under law of land, the way happening has been explained to police is serious offence. So work around explanation based on language gap, cultural gap, traditions gaps, etc. to minimize its impact. Show your preparedness to accept bridging of gaps to meet the law of land.

    Good luck.



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  • s_r_e_e
    08-22 03:39 PM
    When USCIS say 300K applications , isnt that 300K Application PACKETS = 600 - 800K individual AOS apps?. its hard to believe thye have opened them all to get the count.





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  • makemygc
    07-06 11:30 AM
    Guys,

    Here are my thoughts:
    ---------------------

    There are Four group of people (Became current with July bulletin) who are affected and suffered.

    1) The people whose applications reached to USCIS before 10:00 AM
    07/02/07, i.e. before USCIS's new revision/update.

    Note: Legally this group is the SAFEST one as their file reached to the
    USCIS table on time while USCIS's first bulletin was in effect. Their
    case is strong as far as "Law and Justice" is concerned.

    2) The people whose applications reached on 07/02/07 but after USCIS's
    declaration of new revision.

    Note: This group can be fit in a category "Who did not receive ample
    notice from USCIS for its intention to change the bulletin. And so
    may be considered "Probable beneficiaries" by the judiciary

    3) The people whose applications reached or will reach to USCIS from any
    time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.

    Note: This group will have a "Strongest" weak argument and case. Their
    act of sending files perhaps may not be considered "Law-abiding" as
    they have already received ample notice from USCIS and clear
    statement of USCIS about "Rejecting applications upon receiving"
    then also this group sent the applications.

    4) The People who will not send applications at all with respect to the
    USCIS's revision.

    Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
    be considered "Law-abiding" and who acted as per USCIS's
    instruction within the periphery of respecting legal authority.

    Now other points to be noted are as under:
    -----------------------------------------

    DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".

    Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.

    Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....

    If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.

    I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)

    Any thoughts?

    How do you define "All effected"?



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  • getgreensoon1
    04-20 12:09 PM
    [QUOTE=unitednations;2524344]

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    QUOTE]

    These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.





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  • Wendyzhu77
    09-22 04:58 PM
    There is a story: when seeing a bottle filled half with water, optimistic people would say it's "half full", pessimistic people would say it's "half empty". I think this problem is also just people's perspective. Retrogression is still there, it will not be any better or worse with/without the July event. Some people see that retrogression is still there so they are pessimistic, some people see that at least you get something from this even, so they are optimistic.
    I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!





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  • frankiesaysrelax
    12-31 10:42 AM
    When my H1 was pending, I got a 3 month extension based on the receipt notice and a letter from my company. The DMV needs to see your original I-94 which is expiring or expired to ensure that the entry to the country was legal. This was at the Trenton DMV.

    BTW, NJ DMV also tries to interpret immigration laws, incorrectly in my opinion. When I and my wife went back to renew again beyond the 3 month period, I was not carrying my H1 approval notice while my wife was carrying her H4 approval notice (longer story, not relevant). The DMV refused to renew her's based on *her* approval notice saying "She is H4 and she is a dependent". We probably need a immigration lawyer with us to get our driver's license now. In the end, I used my EAD along with SSN proof and we both got our licenses renewed. But otherwise the Trenton DMV is very helpful and seem to understand the immigration documents very well. Also if anybody is visiting the Trenton DMV specifically, if you dont have the SSN card with you, the SSN office is a only a short distance away and you can get a printout from the SSN office verifying your SS#. Printed directions courtesy the DMV staff.

    I distinctly felt unwelcome in this country having seen other times when renewing a license was not such a hassle. This is the twilight zone for people who are genuine and caught in the immigration whirlpool.





    GCKaMaara
    05-29 04:15 PM
    I think we (IV) should rethink about this and support it.





    niklshah
    12-16 11:04 AM
    Buddy,
    everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..



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