Friday, June 10, 2011

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  • GCeffect
    02-09 05:22 AM
    Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...

    Check out the RFE letter comment at the following:
    """""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""

    Now let me explain my situation.
    I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.

    PLease let me know what you guys think about the whole situation.

    Thanks ahead about your concern ......

    EB3 (ROW)..PD May 2006





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  • perm2gc
    12-22 02:33 PM
    Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

    The whole thing might degenerate into 'My Cousin Vinny'.

    You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
    I don't think that the immigration people look into the outstanding warrants...
    How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.





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  • hunkuncontrolled
    03-04 05:55 PM
    congrats ..u got it after 15 years ....Now start waiting for citizenship for another 5 yrs and your half life would be over..





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  • gc_check
    10-17 01:22 PM
    Hi All,

    I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.

    I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.

    Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?

    These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...

    rangeela....
    Not sure if you can prepone. Call the customer service and check if they can schedule sooner. I think, given the July fiasco/rush, they schedule based on the availabilty of appointment in local office.

    Also can you please share you reciept date/notice date and when you received your FP appointment. Was your case directly sent to TSC or got trasnferred to TSC from other center.



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  • roseball
    02-11 05:32 PM
    Hi everyone,

    Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.

    My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.

    Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.





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  • makemygc
    08-01 09:27 AM
    I forgot my password, and security question�s answer.
    Is there a phone number on which I can call to get my password reset?

    FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp

    There is a forgot password link on USCIS page. Click on that and enter your email id which you used to create your account. They will send you a link to reset your password.



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  • tinuverma
    03-20 09:34 AM
    no idea..I am yet to transfer my license to OK. one bad experience that I had lately..I walked into IRS office to check on ITIN/SSN issue and I was not allowed to go inside. They said if I lived in OK I need to have an OK ID. No other state ID would be accepted. This is if you have moved here for more than 30 days.





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  • vrbest
    02-12 03:50 PM
    Hi I am on the same status. My lawyer said I dont need to worry. She said I am still on H1 as the extension is applied and is pending.


    I am not sure what my status is at present.

    I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.

    My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.

    I do have the EAD permit and the AP which I presume is not being used at present.

    Please provide some guidance. My lawyer is not responding.



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  • mgmanoj
    08-27 06:21 PM
    He has 20 years experience means 13 + 9 years of experience will make bachelors equivalent and 10 years of experience.

    Will the job requirement saying bachelors equivalent + 10 year experience will qualify as EB2 ? rather than masters or bachelors plus 5 years ?





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  • diptam
    08-18 12:27 PM
    In Jun-July 2008 they will pass the unused Visa for Fiscal 2008 to India/China/Mexico/Philippines.So according to NY Times if 300K filed - then we July 2nd -Aug 17th 2007 filers will get GC within 2-3 yrs ? ( 300K/140K yearly)

    I might be missing something - the real picture is not so good.

    out of 300K applications ,may be 150K apps are from indians , then it'll take 150K/10K = 15 years for the one who applied in July/Aug 07.



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  • gc_lover
    07-02 09:52 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    Door opens both ways in and OUT!





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  • reachinus
    08-25 09:42 AM
    Good and happy to know that i was able to help you.

    This is extremely helpful. I did not even get so much information from the Call Center.

    Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)



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  • srikondoji
    04-26 07:16 PM
    http://o3.indiatimes.com/dindora/archive/2006/04/27/642160.aspx

    Many of my blogs were posted on the front page of timesOfIndia news paper.
    With the hope that they would also post my latest blog highlighting the ImmigrationVoice, i have written a blog.

    Please write comments on this blog and make additions to what i have posted.
    Thanks
    sri





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  • martinvisalaw
    06-28 12:48 PM
    Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.

    Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..

    The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.



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  • deepakd
    07-09 11:38 PM
    My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

    Regd experience, I dont know if USCIS calls an employer.


    Well, USCIS would/may call the person who has given the reference.
    It may be very well be possible that this particular person is currently working for a different company.





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  • GCard_Dream
    04-09 01:12 PM
    Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It’s all up to the congress now.



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  • number30
    10-22 04:47 AM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.


    If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?





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  • dreamgc_real
    01-07 09:04 AM
    AUSTIN -- Illegal immigration isn't on the short list of issues Texas sheriffs gave this year's Legislature, but it could end up becoming a new priority for them.

    Texas has 254 sheriffs, and while opinions vary about whether illegal immigration should be their problem, some Republicans are pushing measures that won't give them a choice. More than a dozen bills targeting illegal immigration await the Legislature when it convenes Tuesday, when the GOP will enter with a historic conservative supermajority in the House.

    One bill would require police to ask drivers without identification if they're in the country legally. Another would cut off state funds to departments that don't enforce immigrations laws.

    "It's split among my colleagues on whether we should be out here just stopping individuals without probable cause, and questioning them on their immigration status," said Travis County Sheriff Greg Hamilton, who believes the proposals invite profiling.

    On Thursday, El Paso County Sheriff Richard Wiles planned to join immigrant advocacy groups at the Capitol, where they're expected to denounce bills targeting illegal immigrants as bad for the Texas economy and constitutionally unworkable.

    In Arizona, a new law passed last year requires police officers, when enforcing other laws, to question the immigration status of those they suspect are in the country illegally. The Obama administration filed a lawsuit to block portions of the law, and the outcome remains pending in federal court.

    Many Texas sheriffs along the border, long vocal about being understaffed and underfunded on the edge of Mexico's violent drug war, oppose the measures as another drain on their deputies. They and sheriffs in Houston and San Antonio also worry about profiling.

    Others don't see it as an imposition, and maybe a necessity. In Fort Bend County, which includes Houston's conservative suburbs, Sheriff Milton Wright said he would support laws requiring his deputies to enforce immigration laws if the federal government won't.

    "If they're not going to do it, then we need to," he said.

    Arizona's new law left Texas facing unavoidable questions. Texas has an estimated 1.6 million illegal immigrants, second only to California, and Republicans control every statewide office. Gov. Rick Perry has said he doesn't support Texas adopting a law identical to Arizona's, while at the same time praising that state's initiative for taking the illegal immigration problem into its own hands.

    Texas lawmakers have filed immigration bills before, only to see them wither. Deep ties Texas has to Mexico are as much cultural as economic, and leading business groups in the state oppose tough crackdown measures.

    But between then new GOP supermajority in the House and Arizona's success, outnumbered Texas Democrats aren't willing to make wagers on the chances of the bills prevailing this time.

    "You've got a bunch of new Republicans who campaigned with some very inflammatory rhetoric, and they now find themselves in charge," said Democratic Rep. Rafael Anchia. "I'm sure they're going to want to deliver some red meat for some of their constituencies."

    So important is the issue to state Rep. Debbie Riddle that she camped outside the clerk's window to ensure her get-tough immigration bills would be first in line. State Sen. Dan Patrick filed a bill that would require police to ask anyone without an ID whether they're in the country illegally, but the Houston-area talk radio host says his measure affords officer discretion. For instance, he said an officer could choose not to arrest a harmless minivan-driving mom who is revealed to be an illegal immigrant.

    Patrick, who visited Arizona to see its new law in action, said the possibility of legal challenges is no barrier.

    "Too many people want to duck and cover and bury their heads in the sand," Patrick said. "This is an issue we have to stand tall on. Republicans have to stand together."

    In most Texas counties, a suspect's legal status becomes an issue only if they're booked into jail. Their fingerprints are run through a Homeland Security database, and people who are flagged are referred to federal immigration agents.

    Harris County was the first place in the nation to try the federal program, called Secure Communities. But that's about the extent that Sheriff Adrian Garcia wants to be involved in immigration enforcement.

    Garcia said he doesn't want people afraid of calling police for help or coming forward with crime tips.

    "Legislation that would encourage people to have second thoughts about calling 911 or Crime Stoppers, I have a problem with that," he said.

    Several sheriffs said they would wait for the Sheriffs' Association of Texas to evaluate the proposals. Bryan County Sheriff Christopher Kirk, who chairs the association's legislative committee, said last month he had yet to look over the bills individually.

    The association gave its list of six priorities to lawmakers for this session. The list includes jail overcrowding, mentally ill suspects in local lockups, methamphetamines, thieves swiping salvage metals, and what Kirk described as "protecting the office of sheriff."

    Topping the list: border security. But Kirk said that's not about illegal immigration.

    "It's the trafficking. The borders. That smuggling could be drugs, or weapons," Kirk said.

    During the previous two legislative sessions, Patrick said "too much chaos" in the House doomed immigration proposals. This time, Patrick said, Republicans have the numbers - and a willingness to work with law enforcement.

    "You have to have their buy-in," Patrick said. "I want them to be enthusiastic about it."

    Sen. Luz Robles' bill could become national model | Deseret News (http://www.deseretnews.com/article/700098043/Sen-Luz-Robles-bill-could-become-national-model.html)





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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?


    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.


    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.





    PD_Dec2002
    06-24 10:58 AM
    Thanks janilsal.

    We got married in a temple and returned the license to the County Clerk's office.
    We can't mention martial status as married due to family reasons.
    We are fine applying with martial status as single independently since both of our PD is current now.
    Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
    Please advice.

    Thank you!

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant





    palemguy
    09-16 12:15 PM
    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?



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