Monday, July 4, 2011

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  • uscisc
    09-10 05:56 PM
    You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

    But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

    In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.




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  • rohiral
    04-28 08:47 AM
    Hey there

    I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?




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  • java_jaggu
    01-22 02:54 PM
    Kevin,

    It's no different using the future employment EAD from that of a current employment EAD. However, I would suggest you work for that future employment company for say 6 months before you use AC21 and move on to a different job. This would alleviate the risk of INS considering your case to be fradulent.




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  • sankap
    07-25 03:34 PM
    She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.

    The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.

    -Morchu

    I agree w/ Morch: TN, unlike H1B, is not a dual-intent visa. Change to EAD/AP.



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  • jcrajput
    06-25 07:40 PM
    Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
    I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
    Please let me know.
    FYI..We have our EAD and I-485 is pending with approved I-140.

    Thanks for your help.
    Jignesh




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  • Desertfox
    07-28 03:44 PM
    Probably the last action rule triggers in your case from Oct'08 and you will not be considered in L-1 status anymore. You should talk to an attorney I guess.



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  • gijarh
    02-12 01:55 AM
    Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.

    Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.




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  • nkappiah
    07-19 10:56 PM
    Thanks for replying. Just to clarify:

    If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?

    I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?

    Thanks for all the replies.



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  • hourglass
    03-01 05:17 PM
    Count me in for, SoCal chapter....do we have any plans to meet our congressmen or senators..




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  • prk_stl
    07-01 08:38 PM
    hello GCBoy786,
    Did you send your documents thru Fedex? If so can please post the address? Thanks



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  • vss
    02-22 02:50 PM
    People are destroying this country by converting the illegal�s into legal�s. All these illegal�s and whoever is supporting them should be deported. If you want to live in US, follow the rules, if you want to break rules, live somewhere else.




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  • sodh
    07-27 12:21 AM
    Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.
    If he could fix everything we would'nt be in trouble.



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  • Navkcl
    06-21 05:39 PM
    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?




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  • PALLO
    04-15 05:02 PM
    It is not EB1, It is for EB2.



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  • salvador marley
    04-29 05:05 PM
    i want to delete it - send it to the recycle bin where it deserves




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  • black_logs
    04-04 03:25 PM
    We have in our contract with our strategic counsel that no part of our payment to them, will go to any political fundraisers. This issue was ironed before we even started asking for money. We could not have risked our careers. Our Contributers are also very smart as you are so they made sure they are doing everything withing the boundries of law, as you're doing. It is appreciable!!!



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  • ameryki
    06-26 05:19 PM
    Hi All,
    I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
    Questions:-
    1. Can anyone who paper filed recently post information on filing EAD/AP
    2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
    3. Can someone post what did they do additional for filing as FEE WAIVER?

    Any detailed steps on paper filing with FEE WAIVER would be great.

    Thanks in advance for your replies.

    Regards,
    everonh1


    mate no offense intended but if you do a search for this you will find all the info ready to be read for ya. So please take the time to do so. Some quick answers no you do not need to pay for EAD/AP renewal if you paid using the new fee structure. Also no additional info needed when you send a copy of your 485 receipt notice it states all the required info to support the no fees.




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  • lazycis
    07-01 04:50 PM
    You need to push the issue with the USCIS. Call customer service and request to be transferred to immigration officer. Plead your case, request them to send FP notice for your son. Take an infopass if phone call does not do it. If notning helps, sue the USCIS on behalf of your son and you will get his GC within 2 months.




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  • thakkarbhav
    02-08 09:43 AM
    Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.

    Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.

    GC is like super user so you can work for any employer in the USA.

    I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.




    beebot
    02-18 09:38 AM
    Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(




    hibworker
    05-23 11:25 AM
    I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.

    The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...

    The best approach is to go ahead and change the job. What are you worried about? File AC 21 via new company's lawyer.



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  • puddonhead
    02-28 02:25 PM
    It is irrelevant whether you are in L1b/H1/F1/"Visitor Visa" or even outside the US.

    If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.

    If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.




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  • desi_doc
    09-25 09:46 PM
    How did you apply for I485 with PD of Nov 07 ? I dont think Nov 07 was ever current.
    I have similar PD Nov 07 EB2




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  • nashorn
    12-12 01:11 AM
    You can find out by calling USCIS. There is thread here teaching tricks to get to talk to a immigration/field officer. If you can do that, you can ask him/her, and may get the answer.

    By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.




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  • glen
    04-17 09:33 AM
    It's time for USCIS to implement the regulation. I suggest we as IV members or individuals, sent fax or mail to USCIS Director. Hopefully things will change and if not we do not loose.



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  • dog123
    01-11 04:41 PM
    /\/\/\/\




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  • snedle
    06-17 09:13 PM
    Only after you get your green card.



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  • coopheal
    04-18 05:49 PM
    Hey Gurus,
    I am in confusion here.
    I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.

    My Question here is:-
    If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.

    Have your docs ready. If your PD does become current send them such they reach on the first working day of the month your PD is current.




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  • Photogenius
    04-17 04:04 AM
    rofl!!!!!!!! :beer: I use messenger but still, its very funny!



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  • SpookyH1Alien
    10-26 12:28 PM
    That clears it. Thanks for all your help!!




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  • waitin_toolong
    07-30 01:38 PM
    she can do it safely without affecting either of you.



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  • svam77
    12-04 05:35 PM
    Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.




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  • skbPad
    10-16 04:08 PM
    Hi Guys,

    On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
    My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven�t done any mistake.

    In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don�t know how long it will take now to get her receipts and how long she can stay.

    I have tried calling USCIS � Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.

    Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?

    Thanks
    skb



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  • rb_248
    09-10 06:14 PM
    Gurus....please share your thoughts.




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  • k_usa
    07-12 03:48 PM
    Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)



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  • gc_check
    04-25 10:00 AM
    The president can do very little about this. Indeed he tried. It is the congress .
    Did he Really try ? It is a question for debate... Well, he promised something in the first year of the presidency, Well, for Immigration Reform !! Hope and help is still on its way !!! Change is yet to come !!! I do not think, he really put his all or this was one of the agenda with higher priority. Just my 2 cents ! It is just another blame game




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  • frostrated
    07-21 09:59 AM
    Hi All,

    First off, thank you for taking the time read this.

    Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.

    Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.

    Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
    current job does not qualif for EB2, but you can use your experience to join a new employer and port to EB2.



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  • gcdreamer05
    09-22 04:05 PM
    I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.

    My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?

    1. Will I have to re-file for PERM again with the new company?

    OR

    2. Can I continue under the already audited PERM in smaller company's name?

    As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.

    But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.

    All the best.




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  • pappu
    12-18 10:55 AM
    It was during the busy time. However logiclife did speak in that event and meet with other invited people.




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  • die_exquisita
    06-03 06:23 AM
    Hello,
    I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!




    k3GC
    12-22 05:23 PM
    I thought this was funny and had to post this link :D.

    You now protest when other countries make it difficult for you to get a visa.

    US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)




    Vish
    10-11 06:35 PM
    Thanks for responding...thats what I thought but was not sure...Thanks again for confirming.



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  • sanjose16
    02-26 01:00 PM
    I'm sorry let me re-phrase:

    Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?

    If yes, what's the option?

    Should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?




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  • kaushik07
    11-07 03:07 PM
    My application was received on July 3 at NSC. Till now, I haven't received any notices. I got the RNs by calling USCIS.

    Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.

    Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?

    Thanks

    Iam a july 2nd filer at NSC and haven't received my receipt numbers yet. can I ask you when you got your receipt numbers? Thanks a lot!




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  • raamskl
    11-25 09:39 PM
    hm, didn't know that. Thanks Wandmaker.

    Am assuming that in this case clarify has to get his part time employer to file for a NEW h1, which ofcourse means he is under the h1b quota, which was exhausted on the first day they started accepting it for 2008.

    So I guess clarify is better off with his EAD.

    Cheers.




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  • jsb
    03-04 01:31 PM
    Hi All,

    We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.

    How will you do that? I guess, while working on cases, user has to click somewhere to send an email. If they choose not to, then there will be no email. In my case, I never saw consistency in getting emails. I don't think that is a big issue, just check your status periodically. Bigger and important issue is how to get your case processed faster, and in sequence.



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  • AllIzzWell
    03-08 12:05 PM
    graviyera,

    Thank you so much for your quick reply. Your feedback helps.

    Due to family reasons, my wife (H4) has to visit India, do you think even for H4 they will issue Admin processing. I work for a bank and have all the legal documents.

    Any advise.




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  • amitjoey
    07-24 03:29 PM
    It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.



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  • belmontboy
    04-12 02:54 AM
    Hi all, I need help in explaining my situation if someone can help me . Here is my info that I know
    EB3 ROW
    PD : April 6, 2006 (PERM)
    July Filer.
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    I want to understand the process so I can know the meaning of the Visa bulletin based on my situation.
    I am guessing that right now I will have to wait for my i140 to be approved first before I can talk about i485. I checked the processing time for i140 at TSC and it is August 15, 2007. Any crazy estimate when I should get the approval?

    Once my i140 is approved then I can look and match my PD with the visa bulletin EB3 ROW for adjustment of status.

    I know there would be some more steps than these above. But are these statement above correct/incorrect?

    Thank you very much

    you can check the status of ur I-140 on uscis by providing ur receipt #

    you would get more information on processing steps by going through the posts in this forum.




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  • venky321
    08-16 01:17 PM
    The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.

    It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.



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  • realizeit
    06-10 12:46 PM
    From Oh:

    06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!

    http://www.immigration-law.com/


    FROM DHS Secretary Chertoff

    .... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.

    Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.

    This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....

    Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm




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  • gjain
    11-02 09:35 AM
    Hello everybody,

    I am trying to locate people from the nebraska service center, who have a received date of aug 15th and notice date of Oct 11.
    Please let me know if any of you have received ypur EAD yet or is it approved yet?

    I am running out of patience.

    Thanks,



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  • zeusjerry
    03-26 01:30 PM
    Hello Mates & Buddies,

    I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
    But at this year end I am also planning to take my Australian Citizenship.

    So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?

    And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).

    Thank in advance !!!

    Always,
    Nirms

    Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..




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  • nashorn
    08-12 04:53 AM
    One can have more than one H1B at a time. So you can ask the second company file for transfer too. If you worry about the first petition, and you feel comfortable to do so, talk about it with the attorney of the second company. Or, you can call USCIS and ask a immigration officer.


    I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.

    Thanks in advance for your suggestions, friends!



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  • raidohri
    04-07 12:46 PM
    http://www.uschamber.com/webcasts/2007/070323_immigration_reform.htm




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  • factoryman
    06-21 02:36 PM
    I did stay at Holiday Inn last night.

    Please advise,
    I had a citation 3 yrs back and I paid fine in the court for tresspasing...
    Is this going to be effect on my GC process..I am preparing to apply I-485

    Thanks in Advance



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  • immi2006
    01-05 10:10 AM
    As a humble suggestion : Why not pursue an offensive approach ?

    Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..

    We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.

    Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !




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  • kirupa
    05-06 06:14 PM
    I liked your first and third one more, but since others liked your second also, I'll add up all three ;)



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  • sodh
    07-27 12:21 AM
    Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.
    If he could fix everything we would'nt be in trouble.




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  • nixstor
    07-12 12:11 PM
    3 bumps in 9 minutes. Boy. you need an answer. Some are reading it as USCIS is considering their decision to reject. Please do not open new threads. there is already another thread with the same topic




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  • smuggymba
    10-05 08:23 PM
    a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.




    gc_user
    11-28 08:29 AM
    Any updates please????




    tharu
    06-29 11:09 PM
    Mr Sauer:

    Thank you so much for your response. Need a litle clarification on I-824. Can I file I-824 before my I-485 gets approved? If so, how can i request alternate chargeability to my spouse's country with out her I-485?
    If not what is the best way to claim alterate chargeability to my Spouse country of birth. Gues I have to bring bring my family on H4 and submit I-485 in US or switch to consular processsing. Is there any other possible way other than these 2 procedures?

    Regards