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  • Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.





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  • Greg,

    The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.

    So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".

    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.





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  • If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • 97 views... and no response..
    has nobody filed EAD by self and after filing I-485???





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  • As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.





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  • Advance Parole should be Approved when the Beneficiary is in US.

    Per Law Advance Parole Can be Used ONLY WHEN IT IS Approved when the Beneficiary is in US.
    Thats the Opinion of Sheela Murthy and Rajiv Khanna too.





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  • I found one of Pappu's post with a list of resources :0 http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8

    Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.

    Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.

    Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)

    With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!

    You guys invented them both. Golf and madcows:)





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  • Seems to me, whether we like it nor not, whether it is fair or not, whether it is sensible or not, whatever, whenever this issue has come up since 2005, despite efforts to separate them our issue is tied up with the fate of the issue of the illegals in legislators minds.
    American legislators(collectively) don't seem willing or able to deal with these issues separately.
    So, though from a philosophical perspective I remain neutral on the issue of legalization of the status of illegal immigrants, I feel our best interests are served with a pro CIR candidate, whatever the stated position about legal highly skilled immigration. They simply don't seem ready to move on that without CIR. Whatever the consequences for the economy and global competitiveness.

    Overall a McCain vs either Obama/Clinton would be OK for us, since at the very least the temperature of the debates on the issue of immigration will be less and the tone of the debate more rational and reasoned. Also that match up would make it less likely for a 3rd candidate. Romney would have fanned the flames of the anti immigrants. I write in the past tense because the or"MITT"uaries on that campaign are already being written for publication after Feb 5th.

    Agree with logiclife that election of pro immigrant senators would help. That seems to me, to mean democratic gains except blue dog democrats, since that would help them push legislation through. All in all we want immigration to remain in the discussion, but the conversation to be less emotive and more reasoned and rational and civil.





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  • Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

    Yep! Hey who knows? This might be your year too! :D





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  • 1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    No Safe as he will be questioned at port of entry

    2)Will there be questions at the port of entry ?

    A Lot
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    Yes.
    4)Any chance he wont be let inside U.S ?
    90%
    5)Can he show them the h1b approvals for company C ?
    No..as it will confusing for immigration officer with so many 797 forms.
    6)Any tips to handle the officer at POE?
    Can try with chinese or african-american.Little liberal
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    Just 4 weeks
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Yes.. He may not not reenter US for next 10 Yrs.

    I am Immigration Lawyer.Better Talk to the Attorney.

    You probably meant to say that you are NOT an immigration lawyer. Correct?





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  • Good luck everybody who are able to make it for DC campaign. Rest of IV members will be with you guys in spirit. :)

    Hi, I am planning to join tomorrow, please let me know, whats tomorrow schedule and where to come and meet.





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  • In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.

    If number of hours worked and the agreed rate matches for that months salary slip then you have no way to prove that deduction is for GC processing - The company even can claim you have 'purchased' the holidays for the upcoming vacation. So, the way I see it - you need to generate the document to collect GC amount from your employer. (1) send out an email mentioning the amount and ask them to reimburse it (2) submit an expense reimbursement statement with your salary slips. During 1 and 2 - if your company says (by accident) they will not reimburse the amount then that's your proof.





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  • How much time it is taking for I140 processing ?
    Is there any hope in near future for priority dates to be current?

    regards





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  • I went to border and security deffered inspection site at Raliegh NC from this url

    http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.

    The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.





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  • The letter does not say anything. It just says that your I-485 is denied.
    It does not give nay reason. It does not even say to appeal..

    Thanks

    The USCIS cannot do that. They are required to provide a reason for the denial by regulations. I've never seen a NOD without a letter with an explanation.





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  • Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.

    Again, pl. contribute!!





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  • I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.





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  • Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
    1)would there be any problem during the Visa stamping?
    2)What should i do to other visa ,which i will be not using?
    3)How should i approach the employer whose employment i will be not accepting?
    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
    .

    So you have a problem of plenty�

    Just a thought�
    For Lou-Dobbs and his ilk this would mean 2 H1s and two jobs being snatched away, doesn�t matter if it is the same person holding two H1s.





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  • Tell your friend that it will be more fun to watch grass grow than filing for gc...

    just kidding... if he just needs I-140 approved so he can continue to get 3 year H-1 extensions, then its a good idea to start PERM.

    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M





    Another law suit

    http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html





    These are applications entered into the system on August 1st, not the ones received on August 1st.

    i guess they are already issuing receipt number for I485 received aug. 1, 2007. so where is mine????


    Receipt Number: lin07223500XX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On August 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    EAD:

    Receipt Number: lin0722353XXX

    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Case received and pending.

    On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



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