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  • India76
    05-21 03:17 PM
    My Wife's I-140 RD is May 9th 2007 and it was filed at Nebraska center.

    Online Case status says that this case was transferred from Nebraska Center to Texas center in end of april 2008. So now this case will be processed using the original Reciept date or it will have a reciept date when this case was transferred? Current processing date is way past then her original RD.

    We have to file for her H-1 B Extension and it is critical to get I-140 so that we can extend it for 3 years instead of one year.

    Please let me know if someone has any info...





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  • hebron
    07-01 10:27 AM
    Obama speech here..
    CNN.com Live (http://www.cnn.com/video/flashLive/live.html?stream=stream1&hpt=T1)



    Phew... he just mentioned legal immigration and the huge backlogs, high fees etc..
    What a relief!! :)





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  • coolvigo
    11-05 10:25 PM
    Dear friend

    It looks like you can show some light on my stuggle with ICICI bank to deposit money in My ICICI NRE account.

    Story is like this, I went to India this summer deposited money to several mutual funds from my ICICI NRe account. One of the investment (in franklin ) was wrong by the mistake of my agent ( because US person can not invest in some of the US based mututal funds and frankln is US based fund) So I had to struggle to get money back from Franklin, as it was not proper investment ( wer mentioned NRE US based in forms, so they should have out right rejected investment, but they alloted it and then I have to fght back to get it returned)

    Luckly due to my correct application I was able to get money back from franklin. they issued RS check, which I tried to deposit to my NRE account at ICICI bank. ICICI rejected check saying it is in RS. I tried to persue them it is REFUND FROM MUTUAL FUND (NRE INVESTMENT) from the same ICICI account but they still wants the proof that it NRE money. I have still this check bouncing back between me and ICCI bank. I also approached franklin to get letter. This time they have qouted some earlier RBI rule ( I have not read letter) and I am trying to redeposit that with check again.

    Here in this My bigger question is we all are investing lot of Money from NRE account in Mutual funds and other investment options available to US in India as NRI. but when it comes to getting money back in our NRE account ( naturally all returns/refunds from India investment will be in RUPEES CHECKS ONLY) then we have big trouble like One I am facing right now.

    SO DOES OUR INVESTMENT IS TRUELY REPRETRIABLE.
    WE CAN GET OUR ORIGINAL INVESTMENT AS WELL AS GAINS ON THAT BACK TO NRE ACCOUNT OR NOT

    IS IT THE ICICI BANK ONLY or ALL OTHER BANKS ARE GIVING TROUBLE wHEN WE TRY TO REDEPOSIT OUR MONEY ( in rupees) back to our NRE account.

    Please explain your experiences in this regard.

    If possible also provide links that talk in more details about REPRETRIABILITY OF NRE INVESTMENT

    Also let me know which is best NRE bank to work with without any such hassles in India?


    Dude,
    ICICI sucks......i hate those guys.....their claims are big but poor banking and customer service......personally i have found SBI to be best although they are little slow.

    On the top of it....sending money for investment is a bad idea......I have already lost money in it....and now facing issues getting money back.

    In the whole episode, I lost so much peace of mind that money that grew in India was not worth........I guess there is a limit to what we want but greed inside us still ask us to invest.....let it be hard way....but I have learnt a lesson....if I have to live in US....it is better that I find investment opportunities here and live a "peaceful life". At the end we all need peace !!!





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  • fromnaija
    06-23 05:48 PM
    This now will give me a 2 year EAD. and even after 2 years If I dont get a GC, I will be able to reapply for EAD, at that time WITHOUT any FEES!!


    Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.



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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.





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  • lost_in_migration
    05-14 03:57 PM
    This thread is still relevant even after today's VB and even for folks with PD<Jun2003 so just /\/\/\/\/\/\/\/\ up :)



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  • go_guy123
    07-30 06:34 PM
    That doesn't contradict anything I said. I was referring to the 38 occupations where you do not need Canadian work experience. I agree that the list is much more restrictive than before. The other way around it is to have a job offer. All I said was that Canadian work/student experience is not mandatory.

    I get it....they will keep tweaking it...if too many start applying with the HRDC approved job offer then they will crack down on that.
    It happened to H1B to EB2/3 GC thing as well. In early days people even with MS could get Eb1 till there was court case after which
    the requirements were tightened.
    Now with PERM even EB2 is becoming harder.

    The problem is that more people want green card than what the govt wants to give. So they try to come up with filtering criteria
    in a varierty of ways...tightening the rules, country quota (in case of US). visa post processing quota in case of Canada etc.





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  • xlr8r
    03-15 01:57 PM
    You're welcome.

    Yep. Got copies of labor, I-140 forms and approvals via FOIA. :)

    Thanks xlr8r!! I am filing today. Dont have I140 receipt number.

    Did your luck shine !!!!



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  • drona
    10-05 11:32 PM
    Macaca, don't get me started on your name and forum habits :)

    I wish they hadn't closed the blog, I wanted to post on there. I don't see any posts on the link you have provided for the H2B blog on WSJ. Am I looking in the right place?





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  • apnair2002
    05-11 03:18 PM
    http://www.nytimes.com/2006/05/11/washington/11cnd-immig.html

    Senate Leaders Expect Immigration Bill Next Week
    Sign In to E-Mail This Print Reprints Save

    By DAVID STOUT
    Published: May 11, 2006
    WASHINGTON, May 11 � Senate leaders said today that they had broken a political stalemate and would bring to the floor next week an immigration bill that could put millions of illegals on the road to eventual American citizenship.

    An agreement reached today by Senators Bill Frist of Tennessee and Harry Reid of Nevada, the Republican majority and Democratic minority leaders, ends an impasse that has stalled action in the Senate for weeks while immigrants and their advocates have been holding huge demonstrations across the country.

    The deal does not mean that a bill will emerge from Congress soon. But it is significant that the Senate leaders agree to move forward, because the chamber operates under peculiar rules and traditions that can bury legislation indefinitely. Mr. Frist and Mr. Reid said they hope to schedule a vote before Memorial Day.

    Even if the Senate passes an immigration bill, it would have to be reconciled with a bill enacted in December by the House. That bill generally emphasizes border security rather than attainment of citizenship, so negotiations between Senate and House would probably be long and heated.

    "What the Democratic leader and I have laid out is a way to get on to this bill, and as you can tell, both of us are working in very good faith on the various issues that have been raised on the floor," Mr. Frist said.

    "I welcome the return of the immigration bill to the Senate floor," Mr. Reid said. "America's immigration system is broken, and our national security depends on Republicans and Democrats finding common ground to fix it. The assurances I have received from Senator Frist make me hopeful we can finally move forward on real comprehensive reform."

    The leaders' comments indicated that they had resolved the issue that had kept them apart: how many amendments to consider, and how much time to devote to them.

    "I didn't get everything that I wanted," said Mr. Reid, who blocked votes on amendments weeks ago, saying they were intended to gut the legislation. "I think the majority leader didn't get everything he wanted."

    Mr. Frist said there would be "a considerable number of amendments debated and voted on each day," and that they would be handled "in an efficient way."

    Until partisan bickering sidetracked legislation in the Senate in early April, the chamber was working on a package that offered opportunities for eventual citizenship, a guest worker program for some immigrants and measures to enhance border security. The tougher House ill focuses on border security and would crack down on illegal immigrants and those who employ them.

    Mr. Frist said 14 Republicans and 12 Democrats will negotiate with House members once the Senate passes an immigration bill. Seven of the Republicans and five of the Democrats will come from the Judiciary Committee, with the remaining negotiators to be picked by Mr. Frist and Mr. Reid.

    President Bush has said he favors legislation that would enable immigrants to become citizens, but only after they meet strict standards. He has said repeatedly that he does not favor "amnesty," a word that is anathema to many conservatives. "We congratulate the Senate on reaching agreement, and we look forward to passage of a bill prior to Memorial Day," Dana Perino, deputy White House press secretary, told The Associated Press.

    Senator Edward M. Kennedy, Democrat of Massachusetts, called the agreement announced today "a major step forward in our fight for tough but fair immigration reform."

    "Business and labor, Democrats and Republicans, religious leaders and the American people strongly support our plan to strengthen our borders, provide a path to earned citizenship for those undocumented workers who are here and put in place a realistic guest worker program for the future," Mr. Kennedy said.

    But quick passage is by no means assured, given the complexity of the immigration debate, the emotion it stirs and the approaching elections. Representative John A. Boehner of Ohio, leader of the House Republican majority, said in late April that he opposed the emerging Senate legislation and its emphasis on citizenship attainment. "I don't think that would be supported by the American people," he said.

    But the accord announced by Mr. Frist and Mr. Reid apparently means that immigration legislation will not sink out of sight in "the procedural quagmire that the Senate is," as Mr. Reid put it recently.



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  • deafTunes123
    10-02 08:34 AM
    Children born outside India and whose parents are Indian passport holders are not eligible for OCI Cards.

    Source:
    OCI - Steps to Apply-Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=175&partid=100&sub=sub4)





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  • glus
    07-09 12:23 PM
    bump. i sent my flowers today. Guys, it is only few minutes of work and can have a TREMENDOUS meaning for us and our families. Please do the same and send the flowers with IV message. Thank You.



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  • superdoc
    09-23 07:50 AM
    I think your plan may work out just fine. I would make a couple of suggestions:

    1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.

    2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).

    3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.

    4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).

    5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
    --If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
    --If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".

    PM me if you have questions about what I said above, and I will be happy to talk to you.

    Good Luck.
    FYI -- what is I-9 and what does the employer need to do for that?





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  • s7911
    06-24 03:56 PM
    hi desi3933

    my wife was out of status from mar 2006, her visa got approved on mar 2006. till mar 2006 she was on a valid f2 visa since i was then on a f1visa...i will try to catch hold of the employer...but i 'm not sure this will work out well..i want to know more about fresh visa stamping at chennai, india. i will give all my docs and i have been on valid status, while filing form ds 156 in the visa type column, i will have to mention her visa types, however they are not asking details or duration of the visa types...., i do not want to lie abt it. i want to know if they would ask her paystubs to prove her status here..this is my question,anybody has any Experience regarding the stamping please share...anybody who knows a nice immigration lawyer, please let me know, you can email me at s_7911@yahoo.com

    thanx



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  • natrajs
    09-29 04:59 PM
    There are 3 work categories,
    at least 3 queues each for three stages.
    the first queue had at one time, rir, regular and then bec, perm added to the mix.
    EB portings.
    07/07 havoc
    name check delays.

    a single queue at the end.

    bottomline, PD monthly graph is arbitrary.
    if your PD remains current for at least three months in a row and everything else is clear, there is good chance you are out of the pipeline.

    I wish but my assumption is that One's PD have to be current atleast 6+ more months then there is a good chance for an approval, other than that we have to depend on our Luck ( I think we can predict the Powerball or Megamillion winner much easier than USCIS process)

    I wish your case would have been approved long ago, Your signature tells me that - EB2- I PD Dec 2003, and your PD was current for a while but still no luck.

    Let us hope the best





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  • alterego
    12-16 01:15 PM
    Anyone reading this thread who was able to file the 485 in the July/Aug window. These questions are particularly directed at you. I know some of them are rhetorical, but I want to provoke a little thought.

    1) Do you consider this(having filed 485) to be a better situation for yourself and your family?

    2) Do you consider that IV advocacy and lobbying, flower power, media attention etc played a large role in this reversal?

    3) If instead of what happened, they had instituted a policy where you could file 485 while retrogressed if you pay a $1000 extra filing fee per petition. Would you not have done it?

    4) If you answered yes to all the above questions, Can you find it in you to do the honorable thing and contribute something, to say thank you.

    We had atleast 320K 485 filings, if just 10% of these people contributed something, anything at all, money would not be an issue. Why is this not happening? There should simply have been a better response to the request for donations. Forget about the other guy, you just do your part, even if you did not do it before you benefited, do it after you did. Do it because it is right. Do it because, the more you do the better your chance to get further. Remember nothing invested, nothing gained.



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  • gcnotfiledyet
    02-24 06:06 PM
    i agree. how about sending flowers to precident with message that if half million legal immigrant waiting in EB get GC, will definitely buy home, so it will help to improve US Housing crisis.

    You mean to say sell US real estate for GC/citizenship? I don't see this going very far. I can see anti immigrants waiting for this one. Best is to lobby using aides of big corporations, developing relationship with lobbyists who already have connections, hiring lawyers, developing strong case, donations in election campaigns etc. All of this needs loads and loads of money. Are we ready to donate to IV and build strong lobbying group for our cause? That is the only way to change our current situation.

    Sending flowers, sending pizzas, sending all these proposals will only fall on deaf ears. Congress understands language of money to pass laws, Rest of the country/orgranizations understand language of laws/court.





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  • gg_ny
    04-25 07:58 PM
    Tuesday 05/01/2007 - 3:00 PM
    2237 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on An Examination of Point Systems as a Method for Selecting Immigrants
    By Direction of the Chairman

    Should watch AILA's stand on this. One group who would benefit immensely with this system would be immi lawyers, at least for first 10 years after which it would be more established. A perfectly intelligent delaying technique moving the issue away from its solution at least by 2 full years. This idea appears to be so full of holes, it seems as though coming from WH itself. Soemtime Logiclife nicely argued against such a suggestion, it would help to dig out those comments and post them here...





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  • gunsnkars
    07-19 02:05 PM
    // you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //

    Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.

    If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.

    What say ???

    "you can apply and get your EAD and use it" what does that mean???your wife can still change her status after coming here on H-4 irrespective of whether you have applied/not applied your 485. EAD is of no use to you coz u r already working...It is only of good use if your wife can work!!!





    sledge_hammer
    03-19 10:44 AM
    I have to agree. One has to be extra careful in such matters as it is a tendency of the "majority" to always point fingers at the "minorities" by generalization. What some may think of as advice in a shoplifting case could be very easily misinterpreted as "support" in the eyes of the antis.

    Moreover, the OP has not once been apologetic to his actions rather he is trying to rationalize his actions by accusing everyone of stealing office supplies.

    I have stayed away from answering to his post as you can already see!

    You are trying to defend a criminal and thus some people objected to it. Crimes by immigrants, whatever they maybe bring bad repute to their country and the immigrant community.





    indianindian2006
    03-16 01:34 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.




    Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.

    Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.

    There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.

    I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.

    In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.

    Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.

    I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).

    Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.

    Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.

    This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.

    Department of Homeland Security has access to a lot of information that they didn't have before.



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