Monday, June 13, 2011

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  • bkshres
    10-20 03:02 PM
    My old attorney was appointed by my old employer but after I left my old company, my old attorney was working as my personal attorney and her contract with my old company was also over. and I kind of have good understanding with him. He was helpful in general scenarios as well.
    But I am not sure whether I should switch the attorney. My worry is what if I tell my old attorney that I am doing G28 to new attorney from new employer and G28 form never reach USCIS file? then all the correspondence will goto my old attorney.... what will happen in those scenario?

    Thanks,
    BK





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  • Bytes4Lunch
    03-07 09:25 AM
    Visa stamping interview --> First week of Feb
    Was asked to submit technical questionnaire and other documents as per 221g which I did
    Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

    After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
    The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
    When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

    Now my question is:
    ---------------------------------------
    I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
    Then arrange for the h1B visa stamping interview at say Tijuana, Mexico. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
    I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.





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  • GCMan007
    03-13 01:02 PM
    Congratulations !!

    Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..

    That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated





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  • boreal
    06-22 07:22 PM
    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D

    ...and the boss goes back and continues eating samosas :)



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  • interested
    01-18 01:34 PM
    Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.




    Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
    My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
    My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
    I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
    I would really appreciate any help

    (This is what I found on the internet)
    QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
    REFUGEE/ASYLEE ISSUES
    FEB. 28 2008

    5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
    beneficiary spouse of an I-730 Asylee Relative petition if she gets
    pregnant and has a child (from the petitioner, of course) after the
    petitioner was granted asylum �therefore this new child is not considered
    a derivative- but before she completes the Visa 92 process at the US
    Embassy. Does the US Embassy have the authority to parole the
    newborn child for him to join the rest of the family in the US?

    Answer: If the child was in utero at the time of the asylum grant the
    regulations provide benefit to that child as a derivative under 208.21(b). If
    the child was not in utero and the relationship with the child was after the
    asylum grant, then a I-730 petition can not be filed on behalf of this child.
    The U.S. Embassy does have the authority to grant a humanitarian parole
    and that would need to be addressed with the U.S. Embassy.





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  • NikNikon
    July 15th, 2004, 11:13 AM
    Awesome shot! Nice work. :cool:



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  • arpu31
    11-17 01:03 PM
    I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

    Thx

    Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

    Arpu





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  • flresident
    04-08 01:55 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.



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  • cox
    June 18th, 2005, 08:34 AM
    I got brief but glorious light this morning. My skill was not up to the light, but I tried to make the most of it. Let me know what I did right or could have done better. Thanks!

    http://www.dphoto.us/forumphotos/data/931/medium/Sunrise_BNP_sm_C_061805.jpg (javascript:;)

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  • immigrant2007
    07-19 09:05 PM
    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!

    Hi Rajenk

    thanks for the information



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  • virald
    05-21 01:55 PM
    I applied for renewal on May 19th. My EAD expires on August 23. So, I guess I'll have to follow your renewal process to see if mine will arrive in time.





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  • Hermione
    09-25 12:52 PM
    EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.



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  • jungalee43
    01-14 02:52 PM
    You asked for any news at all and here is update posted today on immigration-law.com

    "01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

    Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
    As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

    Hope you feel relaxed for the day





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  • chanukya
    05-17 10:55 PM
    Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.

    USCIS Section 212(a)
    (5) Labor certification and qualifications for certain immigrants.-


    (A) Labor certification.-


    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-


    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and


    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-


    (I) is a member of the teaching profession, or


    (II) has exceptional ability in the sciences or the arts

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...



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  • tertip
    03-11 07:05 PM
    You do sound paranoid.

    All Immigraton Officers will not ask the same questions nor react the same way for similar answers.

    Hence the reason I was asking for personal experiences. Thanks for your input.





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  • Lasantha
    07-17 04:41 PM
    Screw Murthy !!! I have never seen him picking up any good news.
    Kumar, you better get ready face two law suites from Sheila Murthy. First for misrepresentig her as a Man and second for sexual harrasment. You are in big trouble boy!!!



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  • vnsriv
    03-31 04:32 PM
    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

    I second this. Tax Filing has no implications on your immigration status.





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  • camilopino
    02-13 05:21 PM
    -Legally Ignored
    -Living in the Legal Limbo
    -When Legal is Worse
    -The Path to Citizenship, an American Nightmare
    -Freedom as a Green Card
    -Freedom as a Dream
    -Green Card, an American Nightmare
    -The Third Rate Citizens





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  • roseball
    02-23 04:51 PM
    Texas allows instate tuition waivers for H1 and H4 visa holders provided they are residents of texas for 1 year. In other words, any H1/H4 holder residing in TX for more than a year only pays instate tuition.





    lskreddy
    06-10 11:37 PM
    The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

    EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

    Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

    I agree, it is extremely narrow. Not too many employers wait until the 60 days window and if you had H1 approved, you would not qualify. I do believe this may be just to test waters and they will broaden it further..





    harrydr
    08-03 09:36 AM
    Hello IV friends,
    My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.



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