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  • I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance





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  • Yes we have received a similar RFE and can no longer go back to original civil surgeon. USCIS is very anal about TB test so if they don't get correctly documented result they issue an RFE. As per my lawyer many people are getting this type of RFE.

    We went to a local civil surgeon and got whole test redone. Our civil surgeon did a physical but was able to get most of the vaccination records from last medical test. My suggestion will be to check with your local civil surgeon how he is willing to proceed. Most civil surgeons are not comfortable with signing documents for which someone else and would do the test again.

    From what I learned from others is getting whole test done and submitting is fine. I am still in process of submitting my paper work for RFE so can not tell you USCIS's reaction for the same.

    Bottom line is don't worry too much about this. but hurry up in getting an appointment with local civil surgeon as they have limited availability. :)


    Thanks for the update!
    Its the same for my wife too, TB and xray RFE.
    I will have act act fast on this.
    On a last note, do you know how much you paid for the TB and XRAY test in your city?
    Was it covered by any insurance? or any method you can suggest to let insurance cover it?
    Thanks again for your prompt inputs!





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  • An overwhelming majority support 485 so going by your own reasoning IV might lose more members by not supporting 485. Dont try to act too smart. Lets just support whatever decision IV core takes and go with it.

    I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.





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  • "One additional reason for making sure that you have a valid EAD at all times is so that you can claim unemployment benefits in the event you lose your job. H nonimmigrants do not qualify for unemployment insurance. If you have an EAD, however, and can be referred out for job interviews, you do qualify for UI, even if you don't yet have your green card."

    The above is quite interesting. I saw people who were laid off and had question about applying for UI if they are on EAD and this answer explains it really well.





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  • Thanks a lot. Pls. tell them about immigrationVoice and ask them to cover our issues.

    Absolutely - in all responses I include my actual name/ email / sometimes my address or phone number if they request it. I always include a link to the IV homepage and disclose I am a member of the group - along with key issues our group faces (mainly a synopsis of the "green card process and problems" resource page here, and an example case study summary - i.e. "this is what is happening to me")





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  • There is no such thing as a cooperative employer in this economy. I will give you an example....

    While I do agree with some points on how difficult it might be given the economic environment, we do not know OPs employer or OP himself to make a broad generalization. For all that we know, OP might have 10+ years of domain specific knowledge that might make him really valuable to his employer or he might be working for a desi consultant who is happily taking 60% of his biling rate making him very lucrative to his employer. That's why I used the word "cooperative" to refer to the type of employer.

    While no doubt, getting PERM approved is difficult at this time, it's not impossible (I have a few close friends who got them approved recently in EB2 though they had to wait a long time for it) and giving it a shot is well worth it if things work out in OPs favor.

    PS: And God knows why I got reds for my previous post. Funny!





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  • How much money you have donated?

    This knee-jerk response to question the questioner is not needed.
    Whether he/she has donated or not ...is not important.
    Everyone who has contributed towards IV and/or intends to contribute towards IV will ask this question. It is not intended to insult or to question the laborious work done by IV. I am hoping more people realize this.

    The answer to your question is that IV will not discuss the details of their expenses in public forums. I am not quite sure if its discussed in the donor forums.

    However i think a general idea about what the expenses are is as follows.

    These are my guesses : (IV Core please feel free to add/remove items to this list)

    Ongoing Expenses: Maintaining this website, phone for IV, paying for reputed lobbying consultants, paying for attorneys to pursue important issues in court.

    Advocacy Events: renting out hotel suites, possibly paying for lawmakers expenses to attend, advocacy packets for lawmakers, helping members with expenses to fly to DC and meet lawmakers, other miscellaneous expenses stationary/food etc

    Please understand that this is an all volunteer based organization and there are no absolutely defined positions/roles played out by members. Members join and help out in areas where help is needed.





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  • Hi,

    My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.

    Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.

    Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?

    1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
    2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
    3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.

    Sorry for a long post and thanks for any suggestions.

    Hi,

    Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.

    Good Luck

    Cheers

    kris





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  • This has got nothing to with corruption or bribe but, everyhting to do with milking helpless immigrants...they just wanna squeeze you harder and harder so that someday you will give up...


    This new proposed rule will not matter for retrogressed categories / countries.

    It will affect the lucky few whose PDs are current and can file concurrently. It certainly looks like they are enforcing (FORCING) premium process I-140s down everyones' throat now. It is a very typical dirty ploy from this administration.

    Think twice before you talk about corruption and bribes in third world countries. We all know how this system 'works' now...





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  • I havent got the physical card yet though...
    Status online says card production requested....


    Labor Approval Date: 8/13/2007
    I-140 Approved sept 2005 Attorney incorrectly applied EB3
    Applied second I-140 EB2 May 2007 EB2
    I-485 applied June 29th
    I-485 receipt notice received Aug 15
    EAD approved Aug 17

    YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
    SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.





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  • I am still waiting- applied May 1 eb-2.

    NSC is now a Premium Processing Service Center.
    We should wait till phaseIII of the bi-specialization and application be tossed around here and there again.

    how systematic...





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  • How much money you have donated?

    This knee-jerk response to question the questioner is not needed.
    Whether he/she has donated or not ...is not important.
    Everyone who has contributed towards IV and/or intends to contribute towards IV will ask this question. It is not intended to insult or to question the laborious work done by IV. I am hoping more people realize this.

    The answer to your question is that IV will not discuss the details of their expenses in public forums. I am not quite sure if its discussed in the donor forums.

    However i think a general idea about what the expenses are is as follows.

    These are my guesses : (IV Core please feel free to add/remove items to this list)

    Ongoing Expenses: Maintaining this website, phone for IV, paying for reputed lobbying consultants, paying for attorneys to pursue important issues in court.

    Advocacy Events: renting out hotel suites, possibly paying for lawmakers expenses to attend, advocacy packets for lawmakers, helping members with expenses to fly to DC and meet lawmakers, other miscellaneous expenses stationary/food etc

    Please understand that this is an all volunteer based organization and there are no absolutely defined positions/roles played out by members. Members join and help out in areas where help is needed.





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  • Follow this thread

    http://immigrationvoice.org/forum/showthread.php?p=115066#post115066





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  • (C) Completion of course of study. The DSO may authorize a reduced course load in the student\'s final term, semester, or session if fewer courses are needed to complete the course of study. If the student is not required to take any additional courses to satisfy the requirements for completion, but continues to be enrolled for administrative purposes, the student is considered to have completed the course of study and must take action to maintain status. Such action may include application for change of status or departure from the US


    http://www.ice.gov/sevis/regs/8cfr214_2f.htm





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  • As understand the process

    1) First one should change the employer with new job.
    2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
    3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
    4) No need to apply for NEW I-485.

    Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.





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  • I keep on hearing about cases of 2000 and before. Good luck to your friend. I am with PD Sep 2001 and I am too mentally prepared to wait for more years..:D



    I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.

    Here are the details

    Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.

    Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.

    October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.

    Jan 2007 : I 140 approved.

    Nov 2007: Took Infopass appointment. Was told case pending name check.

    This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
    Thanks





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  • exactly, and also, each member could add a signature to his posts to show his contributions and related items. This will not add any work to the IV, who is focusing on the imm relief now....

    G

    You can put any number in your signature.

    We need an authentic interface to contributions by all members. This should require member login.





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  • A RALLY IS BEING UNDERTAKEN IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
    DONT WASTE TIME ON NEGATIVE ENERGY.

    http://immigrationvoice.org/forum/showthread.php?t=10086





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  • From Receipt Date. However, due to surge of application in July, there might be some delay this time and NSC may not meet the 90 days processing target.





    Same here switched jobs in April with approved 140 in EB3 and hoping to get in the EB2 line with earlier priority date and now have nothing with EB2 PERM in audit. Hope to keep the priority date atleast.....





    I am still waiting for everything. The only thing I have so far is Card Production email I received. I have not received approval mails or the cards. What is interesting is that 2 days before I received the CPO email I also received FP notices which is scheduled for first week of Nov. So I am confused whether or not they really approved my I-485.



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