Wednesday, June 29, 2011

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  • anjans
    09-20 04:22 PM
    Called them, the lady said there is a huge backlog. my entry does not show in database also..bummer





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  • nousername
    03-29 04:53 PM
    My attorney originally applied for my labor (regular process) in late spring 2006 but due to another issue we decided to expedite (premium process) in early winter 2006. Question is, is early spring my PD or early winter of 2066? (Sorry don't have the exact dates in front of me).

    Thanks.





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  • aquarianf
    06-15 12:27 PM
    I am going for concurrent 140 & 485. Can I apply for EAD and AP now? or do I need to have my 140 cleared before I can apply for EAD and AP?


    yes you can apply both





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  • BharatPremi
    03-28 12:22 AM
    Hi,

    Maybe this qn. was answered before. Tried to look for answers. But was not lucky to find the exact answer. Also, my qn seems a bit out of context w.r.t this thread (I dont even know how to start a thread).

    Anyways, my qn is:

    If one starts actually using his/her EAD via (eVerify or signing I-9 form), then how will the USCIS know that he/she is on EAD and not on H1B anymore? As per the link below, the I-9 form stays with the employer and shouldn't be submitted to the USCIS.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    So, how does USCIS know that u are on EAD? Is it via payroll? Also, can ADP still run payroll even if one's H1B has expired? I'm just trying to find how does the H1B get invalidated as soon as EAD is used. Where is the link between the two?

    My situation is...my H1B is expiring on April 24th. I've asked my employer to do an h1b extension (as its safer). But he's kinda unwilling to do that. So, as a worst case scenario if he asks me to use EAD only, then I'd be forced to use it. So, how will the USCIS know about that? Lets say, I use it on April 15th. Then will my H1B inactivated starting April 15th? Where and how is it recorded? Just curious.

    Thanks a lot!
    D-E-D

    USCIS would not come to know and does not care to know. USCIS knows that it has issued an EAD to you, Now whether you use for a job , do not use or open the locked door with it, it does not care. Yes, while processing 485 if it generates RFE then depending upon the nature of RFE if your new employer is contacted for employment proof, perhaps USCIS may know that you are really using it.



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  • Hunter
    05-09 08:09 PM
    Hey mind your business. You don't know a thing about India and I am sure you wouldn't have even visited once in your lifetime. If you have problem with individuals, companies, sue them find legal ways to stop their wrong doing. It is good for everyone. Dishonesty is not a patent of any country. You show me 10 corrupt people from India, I will show you 100 from UK, 100 from USA and 100 from Japan.. Don't blabber about things you don't know in a public forum. I am taking offense of what you wrote.. You owe an apology to India and people from that country in this forum..

    If you are offended, I don't give a DAMN!! I know about India very well and has been to India many a times. I know very well about the indian corruption which has no comparison with any country in the developed world. All you have to look at is the suveys from various NGOs that track corruption at various countries in the world and you can see where India ranks relative to US or UK





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  • chintu25
    09-16 09:29 AM
    I am here to help too

    Called them ,.......and will call again



    As rightly said by Robert Frost

    The best way out is always through.



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  • Milind123
    01-27 02:40 AM
    It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.

    The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.

    The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.

    It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.

    I would say only this. Get yourself admitted into a hospital and get some oxygen pumped into your freaking brain (sorry, if it sounds harsh, but it is the only way to help you to think clearly). Read the post again, please, I beg you. I wrote the post only because the UK embassy overcharged and did not think it is at all necessary to return the excess amount. Regarding your comment about doing the research, let me tell you, there are �idiots� like me who would rather do something else and leave things to logic and former experience. Ordinary people like me have other things to do in life, like managing their day job, negotiating the daily commute, picking their kids from school, taking them to their extracurricular activities, managing their homework, and other things which only end at 10:00pm. Between all this cacophony, how do you think I should managed a situation when my travel agent call me and gives me 5 minutes to decide if I need to take a flight going through such and such city with all legs confirmed, and that too during the month of Nov-Dec?





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  • vg1778
    10-01 02:17 PM
    Called USCIS...same reply ...check after one week.



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  • Saralayar
    01-17 11:26 AM
    Voted for 2 of the entries..
    http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel

    and

    http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV

    Are we trying to vote on any others?
    Members, who ever not voted yet, please go to the above 2 links and voteup. We need to increse the points ASAP. It is a rare chance we should not miss. Unity will achieve wonders... Try the below link also:
    http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel&srPos=0&srKp=087





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  • gc_wow
    09-24 11:48 PM
    Bharat Premi,
    Is there any thing we could do abt providing some more details about this report they have put out?



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  • whitecollarslave
    03-26 06:47 PM
    You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?

    I do understand that without evidence you can't fight the conventional way or file a law suit. It would be difficult, if not impossible. I am not debating that. I never said it would be easy. Even with evidence (in case of Capital One), one can argue if thats a good enough base for fighting and whether it will do any good if the case is won. Thats not the point.

    What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).

    Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.

    Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.





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  • ivy55
    06-19 12:48 PM
    I have the following question

    1.I have approved an I140 from Vermont. Where do I submit my I485 do I have to enclose I140

    2. My spouse and children are in the US do I need to submit affidavit of support, W2 etc

    3. There is an A3 in my Labour Certification but not in the I140, do I use this A# in the I485

    Thanks



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  • whitecollarslave
    03-25 05:38 PM
    yes, that is our line of logic and understanding. But seeing the number of experiences what we are having in real world, this does not seem to be applying. You are rightaway asked about your work status and they insist till you give them "specific" word - either "GC" or "Citizenship" or "EAD"... If this would have been the real way ( I and all of us wishes that) the these recruiting guys may not dare to insist till you spit the speific word out and that is before interviewing. In my experience, I always had verbal conversation. I have never been sent an email or letter by any company yet regarding their refusal not to even interview me based on EAD. Verbally 5 companies have starightaway told me "they are not considering me as I do not have green card yet - EAD is not enough". My thinking is that they do this because somehow some law may be covering them, we do not know that but they know that, perhaps..:confused:

    I understand your frustration. I have heard similar things from employers about hiring people on H-1B.

    Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.

    Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.

    I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.





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  • pani_6
    09-23 05:00 PM
    So for EB-3 we have 1630 from 01, and 8300 from 02 and 12500 from 03..how long would this take to clear given EB 3 allotment??. every year??.



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  • trueguy
    01-24 03:08 PM
    Recently I travelled by Jet Airways and I had very good experience. They provide world class service even for Domestic flights and their international flights are just awesome. Brand new aircraft with bigger tv screen and they fly ontime. Also, no transit visa required at Brussels so no hassle for TV.

    The only drawback of this is that you are not allowed to carry any liquid (including liquor) from US. However, you can buy as much as you want at Brussels airport and the prices are same as in US.

    Thanks.





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  • ajay
    11-09 01:03 PM
    I mailed those letters physically by mail. No replies yet though!!!



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  • sledge_hammer
    07-10 02:13 PM
    http://rodeo.cincinnati.com/getlocal/gpstory.aspx?id=100110&sid=115119

    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    Contributed By Karthik Kumaraguru...





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  • CHHAYA
    05-16 07:15 AM
    Below are the list that I have from my lawyer to prepare my I-485 :

    1. for Evidence of status you need a Copy of Last Entry I-94
    non immigrant arrival/departure record, showing your admission
    to the US and current status. (Front and back, make sure the date is
    clear to see)

    2. To show that you are always in status while you are in US you will need
    Copies of all immigration related documents from USCIS
    (such as I-20, OPT, H1B, H4 approval notice, or other status)

    3. Copy of Birth Certificate
    (need translate & notarize if not in English)

    4. Copy of Marriage Certificate if you are married
    (need translate & notarize if not in English)

    5. Copy of Passport pages with non immigrant visa
    (including all passports you have used since the last entry you need to
    copy all the stamp you had on the passport. Again this is to show the
    last time your in you US and to make sure you are always in status)

    6. I-693 (Medical Exam)
    (You can dial 1-800-375-5283 to choose the physician list)
    you will required to show a proof that you have take MMR, Varicella, Tetanus and hepatitis B
    if you can't show any proof they will required you to take it on their office and it will cause you quite a lot money ( you can take
    the vaccine earlier on your family/ regular dr. office and could get covered by you insurance) it could save you $300 per person.
    the mandatory test you have to take at their office is tb test, blood test
    for HIV and syphilis and regular phisical test. once you have all vaccine
    and the mandatory test they should gave you the seal envelope to send to USCIS along with your other document and they will give you a copy as well.

    7. If you apply for your family member you will need
    I-134 (Affidavit of Support) stamp by Notary for each family member

    8. Employment Verification Letter
    Employement letter on the letter head of the petitioning employer
    which confirms that the job on which visa petition is based is still
    available to you. The letter must also state the salary that will be paid.

    9 . Photos (2*2 color front-view passport photos)
    *2 for each I-485, additional 2 for each I-131,
    additional 2 for each I-765

    10 Fee Payment made to USCIS (1 per applicant)
    $325 for each I-485 filing fee
    $70 for each Fingerprint fee
    $170 for each I-131 filing fee (if apply for Advance Parole)
    $180 for each I-765 filing fee (if apply for Employment Authorization) .

    Hope this list is help for those who is ready preparing their document.


    THANKS FOR ALL SUPPORT. I HAVE TWO KIDS 13 AND 14 YEARS. DO I NEED TO FILE I-765 FOR THEM?





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  • singhsa3
    08-20 10:37 PM
    My understanding is that this is incorrect:
    In the old system any unused visa from EB3 Row would got EB1 India/China first and then EB2 -I/C and then Eb3 -I/C.

    What you described ("last few rows") is what they are following now, Einstein!!!

    [Except this piece EB1 -> older of (EB2-I, EB2-C, EB3-I, EB3-C)]


    So what will be the flow? I guess the following

    EB1-> EB3-ROW (until current)
    EB2-ROW -> EB2-I/C

    Once Eb3-ROW becomes current

    EB2-ROW -> EB2-I/C
    EB3-ROW -> EB3-I/C
    EB1 -> older of (EB2-I, EB2-C, EB3-I, EB3-C)





    Saralayar
    01-04 11:16 PM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.

    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.





    conchshell
    07-09 09:13 PM
    Please do not feel violated by what Smitha mentioned. If we claim that we follow Gandhi's path, than we must act on it. Smitha has her own way of thinking and even though we disagree, kindly respect her point of view. She has suffered as much as any of us has suffered in past days/months/years.

    Smitha, I would like to remind you about an incident from India's freedom struggle. When M. K. Gandhi requested the nation to start burning the cloths that were made in Great Britain, most of the people felt that it was inappropriate. What can you achieve by burning your own cloths? But later on an entire nation saw the power behind civil disobedience. Even the people who were worst affected by Swadesi Movement (the cloth mill workers of Britain: who lost their jobs-bread-butter because of less demand) realized that this was done to support a just cause.

    I would like to quote a poem by C. Rajagopalachari:

    Victory is certain, O Mind!!
    Away with false fear.
    Devotion bears its fruit.
    Shoulders we have, Broad and strong, And intelligence.
    We can gather what we work for.
    Unalterable law protects Our efforts unflagging.
    Away then with fear and despondency!

    So I urge you to be away then with false fear and despondency. Sending flowers is humane and certainly not illegal.



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