Sunday, June 26, 2011

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  • tp976
    03-22 08:00 AM
    I have done this myself and got approval couple of months back. There is no real risk of interfiling. Your eb2 application will for all practical purposes will be like a regular application ( years of exp till date, exp etc)




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  • gbof
    10-16 10:13 AM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality

    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.




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  • gc750
    01-01 04:48 PM
    Did you ever get the reply back from consulate if your visa was approved and did they ask you send the PPT for stamping. Please let me know if that worked out.

    I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.

    Please post your experience....




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  • Jaime
    09-05 05:08 PM
    Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.

    Please be careful to not spread misconceptions about who is, or is not, affected.

    Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.



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  • RNGC
    04-26 08:42 AM
    Thanks...This is very helpful!....Feeling a lot better now!




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  • uimv
    03-14 12:08 PM
    Incorrect!
    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -
    http://www.uscis.gov/files/article/E1eng.pdf
    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.

    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.



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  • unbreakable
    03-17 09:45 AM
    All,
    I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

    I will let you guys know what was requested in the RFE as soon as I get it.




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  • arnet
    11-22 09:28 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia

    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.



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  • sekharan
    10-13 10:47 PM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    4. Are not all greencards created equal?

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.




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  • akred
    10-08 12:40 AM
    Here's another article on the same issue: http://www.financialexpress.com/news/expats-will-have-to-make-pf-payments-in-india/358603/1

    To sum it up:

    Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.

    My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.



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  • idreamofgc
    06-02 09:06 PM
    I am a client of fragemonon and what does it mean now
    my case was audited on may 21. They were saying there are 10,000
    cases they filed and all are audited. What is supervised recruitment

    ?????

    are we doomed?

    Where did you get this 10,000 number from ? Any sources ?

    Frago-moron killed our GC dream.




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  • dreamworld
    11-07 12:27 PM
    Visitor Visa does not tied to sponsor. One can visit USA with a valid visitor visa.
    But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.



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  • gg_ny
    08-23 01:02 PM
    When is the Senate meeting and is it scheduled to take up the skil bill this year??...
    When can it take it up next year??...

    Could you please give some dates???.

    I don't want to sound cynical but restate and emphasize what I have shared with the group over past few months. Everytime, around a deadline or around something we think as a cure, we build up hope, hype, leading to hysterical exchanges of postings, name callings, subsequent regrets , pre-mature back-pattings and in the end, enormous amount of disappointment.
    I wish we could avoid this over SKIL Bill. The trend which many of us do not want to see is that the bill is just a decoy to satisfy industry-backed hard-currency donor stakeholders. The underlying mood among the majority of the members of Congress is not to seen as someone who gives even an inch **for** immigration. Any member who is seen as supporting openly for immigration on the floor would be a red herring or someone wearing a bull's eye while walking by a shooting range. This is the fact and any amount of new forum topics, name callings, challenging admin members etc. will not change the reality. Anybody familiar with the currents of democratic politics would know to expect no improvements - but only noises- over contentious issues 70 days before a critical nation-wide election. This is true for US of Americal, India or any other democratic country.
    Guys, harden yourselves. IF and a big IF, something could happen, it should happen only with the new congress in place. That gives you a timeline starting from late December 2006. Add in a month or two at least for the matter to soak into among the new members, committees reorganized, scope of the issues redefined, proposed bills rewritten based on the current political climate.
    I would bet on spring of 2007 and you may start praying that the issue gets settled positively before Thanksgiving of 2007 as after that would be, roughly, the start time for next Big election cycle. Just before you shoot emails criticizing me or my posting, please note that my visa number is retrogressed too and I have no ulterior motives to make this posting.




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  • mnkaushik
    10-14 12:19 PM
    It does not matter once you get your green card. Those restrictions are till you get the green card. For now, she has no restrictions. But as the person earlier pointed out if she applies for your gc, it will take 5 years if she is just green card holder but it will only take 6 months to a year, if she is a citizen.

    Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.



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  • manderson
    12-29 07:56 PM
    have you tried filing a FOIA (freedom of information act) request to obtain the 140? i don't know how well u have researched this, but u should talk to a good lawyer.

    Getting I-140 approval copy is not possible.
    I only have case number prinout.
    anyways, it is not a big deal. Worst case, I will get 1 year extension.
    It is not going to deter me from exercising AC-21.




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  • wahwah
    01-09 11:44 PM
    i assume you're using cross-chargeability of your husband's country of birth.
    if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.



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  • sekharan
    10-13 10:47 PM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    4. Are not all greencards created equal?

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.




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  • pbojja
    08-15 03:39 PM
    My I140 is approved on 12th August . Looks like they found the transfered files atlast.




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  • jasonmc86
    07-27 06:45 AM
    I've done alot of debugging to try figure the problem... (.show()) isn't a method inside the openFileDialog class...?
    -The main thing i'm found when debugging is that when the openFileDialog is used to do anything in my program even if i don't use any information from it it doesnt write my TEST data to a xml file or any other methods i use to write an xml file... eg.
    When i run these lines in conjunction to the rest of my code
    //DialogResult result = DialogAddTo.ShowDialog();
    String fileNameToAdd = "E:\\blah";
    //String fileNameToAdd = DialogAddTo.FileName;

    Commenting out the openFileDialog and just storing a random file name then the rest of my program (eg. writing the xml file and info wanted) works however when i get the file name from the openFileDialog it doesn't let me write any Xml files even ones i have working already.

    If anyone has had the same error or has knowledge please reply cheers


    eG this code ive tested and it does the job but i want the user to be able to select a file using a dialogBox... NOTE green is commented

    switch (tabControlSelector.TabPages[tabControlSelector.SelectedIndex].Text)
    {
    case "Images":
    DialogAddTo.Title = "Add Image to Dir to view";
    DialogAddTo.InitialDirectory = "E:\\Images\\";
    DialogAddTo.Filter = "JPG| *.jpg";
    DialogAddTo.Multiselect = false;
    DialogAddTo.ShowDialog();
    //DialogResult result = DialogAddTo.ShowDialog();
    String fileNameToAdd = "E:\\blah";
    //String fileNameToAdd = DialogAddTo.FileName;
    DialogAddTo.Dispose();
    if (true)
    {
    viwDataDS.imagesTable.AddimagesTableRow(fileNameTo Add.Substring(fileNameToAdd.LastIndexOf("\\") + 1).ToString(),
    fileNameToAdd.ToString(),
    DateTime.Now);
    viwDataDS.imagesTable.WriteXml("test.xml", XmlWriteMode.WriteSchema);
    }
    else
    {
    MessageBox.Show("That Image Already Exists");
    }
    break;
    case "Videos":
    break;




    beautifulMind
    10-08 04:43 PM
    Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

    Thanks GCPool. i will probably go with the 485 EAD to be Safe plus logically it makes sense too to sue 485 EAD because once applied for 485 that is your current status...Infact if you contact the school and tell them you are a 485 adjustee they may cancel your EAD OPT




    hiralal
    06-18 09:56 PM
    if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
    -------------------------------
    Female Homeowners Sadder, Fatter Than Renters
    John Carney|Jun. 18, 2009, 11:27 AM|comment27
    Print
    Tags: Economy, Housing, Housing Crisis

    Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.

    Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.

    "Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com

    But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.

    "I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain — or what you might call negative feelings — connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."



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