Friday, June 24, 2011

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  • zCool
    03-24 04:25 PM
    I heard whole segment and it was great advocacy Mark.
    I think the guy who called afterwards nailed it right..
    I don't know why folks don't emphasis injustice built-in per country quota..
    If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
    We should hammer this point everywhere..
    I have spoken abt it and no one can really say any good counter-point..
    IF the pain was shared across all the nations, you bet there would be more support across the board..
    Also per-country quotas are really relic of pre-1965 European only immigration policy..
    Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!




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  • maverick_joe
    05-07 01:14 PM
    its not mandatory to work while on EAD but did you do a job on EAD at any point of time to get out of H1 status?

    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP




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  • gparr
    May 22nd, 2005, 08:29 PM
    My business travels took me, once again, to Las Vegas. Armed with a polarizer and more time on this trip, I was determined to do a better job of photographing the views in Red Rock Canyon than I did the last time. Was able to shoot in the canyon area at both sunrise and sunset. I'm much happier with the results this time. Here are three of my favorites from the effort. Several more in my gallery. Comments/critiques appreciated.
    Gary

    http://www.dphoto.us/forumphotos/data/500/rrc06.jpg

    http://www.dphoto.us/forumphotos/data/500/rrc03.jpg

    http://www.dphoto.us/forumphotos/data/500/rrc04.jpg




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  • obviously
    08-04 12:08 PM
    Thanks for sharing!

    my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
    >> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.

    but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
    >> ok, thanks.

    Whew, just when you think this darn thing will be over ... :D

    Cheers!



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  • astral1977
    07-09 11:21 AM
    smartboy75,

    I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.

    AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.

    If in doubt kindly read through the text that you pasted in your message.

    Thanks.


    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???




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  • Nil
    11-13 12:06 AM
    ^^^^



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  • bp333
    02-19 10:50 AM
    We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.

    Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.

    I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.


    My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.

    My wife doesn't get her receipt 485 number I am not able to use my EAD.

    Can any body suggest how to approach this case? Or is any one face same issue.

    Thanks.


    If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
    Mine was rejected for the same and Supervisor accepted my refile.
    Good luck.




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  • reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.



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  • americandesi
    06-06 07:08 PM
    The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.

    Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.

    Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.




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  • snathan
    04-20 12:40 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me



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  • cbpds
    06-25 05:58 PM
    Well dont you work for less?.....based on the market rate?

    Remember $8 per hr is tax free as well

    jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.

    I can throw in some numbers for Washington, DC area. For a family of 4.
    Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.

    So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.




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  • Munshi75
    09-27 05:49 PM
    Try in any universities for a job or even in schools .I am sure you will come across an ample of opportunities. Pay may not be attractive nevertheless, will you keep to afloat .

    And next option would be (if have your GRE Valid), apply in some small schools for a similar but different program now and take admission in Jan 08. Search for small schools only.

    Hope this would help . Try first option , bet u will find soon.



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  • chanduv23
    11-09 09:36 PM
    People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.

    That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.

    There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.

    Paskal will know more on the politics involving physicians




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  • kutra
    07-21 04:04 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.

    True, however...

    USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.

    Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!



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  • aph0025
    11-12 10:36 AM
    Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.




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  • lonedesi
    06-26 03:30 PM
    Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill



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  • hopein07
    03-14 01:11 PM
    hopein07 - thanks a ton again

    Any idea about Australia?

    Not much idea about Australia but you don't want to go Down Under. It's very racist and discriminatory in every aspect. Besides, the accent.... OMG... simply unbearable :mad:

    You can get some info from a forum for British expats in oz:
    http://britishexpats.com/forum/forumdisplay.php?f=32

    All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.




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  • MahaBharatGC
    10-13 11:45 AM
    But ksircar, instead of accepting can't we raise red flags to USCIS?
    This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

    It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?




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  • mrdelhiite
    08-08 07:59 AM
    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......


    Thank you.

    -M:)




    AVAKIL10
    08-03 08:40 AM
    It does look confusing though..Odd.




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    02-14 11:02 PM
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