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  • change - that is all that is left in my pocket

    lol!





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  • Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.

    Yours will be processed as you have already submitted. You should receive your decision in the next week. When you do, please let us know that it is approved :)





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  • Wonder what I should do. After November no more Sch A numbers left, so what does that mean for people who've been able to file 485?
    Filed I-140/485 with RD August 7th Sch A, EB 2. No movement on the I-140. Any suggestions? Should I seek premium processing?

    thanks





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  • I got a red for this

    I mean when i say good news - someone needs a therapy:p

    Would like to clear two things:
    1) I did not give you red :)
    2) Mine is TSC all the way from 140, no RFE, same company for 6 years + and still no result :)





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  • one years wait for EAD and AP..I thought they are supposed to give us EAD in 70-90 days according to some law??...





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  • For those of you who qualify, HSMP , I think is a much better option. There in UK the permanent residence is not dependent on employer and you can do your own consulting. Typical bill rates are 350 to 600 GBP per day based on skill level and years of experience.





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  • My wife is apply for AP renewal. She has her AParole until oct, 2,2008. She is travelling to india this week for three weeks. Can she apply for renewal and travel to india. Is it legal or does it have any replications.





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  • they also link to official site (which doesn't exist yet) :http://travel.state.gov/visa/frvi/bulletin/bulletin_4427.html

    Not only they got info but non-existent links too?

    Pederson Immigration Law Group, P.C. - Visa Bulletin (http://www.usvisainfo.com/content/view/37/44/)

    :confused:

    Per google 4427 is march 09 bulletin ? search (http://www.google.com/#hl=en&source=hp&q=bulletin_4427.html&aq=f&aqi=&aql=&oq=&gs_rfai=CcSAss09iTKqPGIGgjgO3jYmQCQAAAKoEBU_Qocve&pbx=1&fp=c370202d9debab36)

    But again this date is in sync with the date someone reported from some other site, so guess that's it. :-(





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  • Gave in and sent PP by Fedex yesterday for Schedule A, grp 2 case.My attorney did not advise me to PP nor did a legally brain I turn to for advice. He said its likely that I would get approved even during retrogression.
    But I decided its better to know sooner than later, preferably before spouse started using EAD, and if a miracle happens (who can prevent miracles?) the 485 could also get approved concurrently with the 140.... And because I have 13 days more before retrogression hits. And because I saw people reportiing really qiuck turn around after PP. My employer was willing to pay half as well...

    Well plus I did not want to be stuck in the general EB2 pool (India) which looks like its a black hole. I have an approved labor from 2004 there.(yet to file 140 for that one)..so didn't see a reason to be stuck there with a 2006 PD.

    I still wonder if my reasons were sane and if my hasty action mght prevent my spouse from working -- if the 140 gets denied...Well, we'll take it as it comes..it may mean goodbye to the US or something..

    BTW as far as I know, retrogression doesn't start till November 1st.

    Bluekayal



    Bluekayal

    I had all paper work ready for PP and were sent to my Lawyer for premium processing of my Sch. A case. But retrogession occured that night in Nov. visa bulletin. So my lawyer advised me that it is not advantageous to go for it unless your date is current. So we did not filed it.

    As I remeber you were not ready for premium process. Any reason or justification for rethinking your decision? let me know if you can outline some advatage of PP of Sch. A at this point, or have seen some cases which enjoyed some advantage due to PP very recently.





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  • desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html


    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research





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  • It needed 60 votes to pass I think and not a simple majority. In any event, i am not sure if it would have thru since it is an amendment and the main defence bill failed.

    But this is a huge eye opener, to see who-is-who of democrats voting against this.

    On second thoughts, may be it is expected becuase they are about illegal immigrants and republicans are about big business atleast according to popular perception.

    I think it sends a clear signal as to who our friends are when it comes to legal immigration.





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  • Just voted. Nov 2006. Good luck to all of us :-)





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  • All you guys in DENIAL mode. Like Home seller in todays market. take chill pill and enjoy the life (what ever left after fisaco). :)

    If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.





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  • Nobody can provide any timeline and also nobody can say for sure that an affirmative action will happen.





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  • If this is true, it is really scary for people who are solely on EAD and no longer hold H1 status.

    New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)





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  • Can anybody answer this question - If an employer decides to port an EB3 case to EB2 for an employee not using the experience gained at the job, does the new EB2 role have to be 50% different from EB3 role?





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  • US economy is designed this way, everyone will get their own share. No one bothers about optimizing the chain and reducing the cost. If they do that whole economy will collapse. If people started sticking to one marriage and stop taking the divorces, these lawyers will not have work and that portion of economy will collapse. If you have time please watch this video

    http://video.google.com/videoplay?docid=4343898391323537541&hl=en

    you will know more about US economy.

    :D

    Awesome lecture by Mr Venkatesh.





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  • My god! Check this out!
    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/16/MNSL145QF5.DTL

    What do you think about this? Is this something related to this discussion?





    BharatPremi,

    Looks like we are in minority :), I guess people need to be educated about legalities of the immigration system, just because one applies for a green card , or one gets a Green card, he/she does not become part of the country.
    Please remember this folks, till you become citizens you are still representing your home country :), and BharatPremi mentioned US of A only expects that you don't indulge in any activities that the government lists as against the US of A, after all we are all here only because the country allowed us in because they perceive there is a need for high skilled labor, letting us contribute and at the same time benefit from this huge economy,we are at their discretion legally, and they can show us the door just as the way it was opened to let us in, just because you are here does not mean you can demand rights :) and call this your home country, that is what the illegals do. I am sorry for sounding so depressing, I witnessed a mass layoff at my company and a lot of my friends (Americans) who are very senior folks were let go, I was spared, somehow that is hurting my conscience, and I am not in a position either to voluntarily give up my job.I want everybody to be happy, and prosper, layoffs reflect the ugly side of capitalism, the weak and old are exploited.

    All the best in your immigration process folks, you will need all the luck to stay here.
    Sarve jano sukhino bava (Let everybody be happy)



    Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?

    Do you have any reading comprehension capabilities?

    Read the first sentence of following link and let me know what do you comprehend?

    Your lesson for US immigration starts from here.

    USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)

    Best Luck.





    My wife does not ahve paystubs from Oct 06 to Dec 06 and no W2 for year 2006. SO I would need a absence letter. Any for mat of letter would be appreciated.


    We have paystubs from jan 07 to Jun 07 and plan to leave in July after filing 485 and plan to re enter in August using unexpired H4 visa.

    I know of someone who used unexpired H4 visa inspite of being on H1 before leaving US


    Any issues with above scenario?



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