Tuesday, June 7, 2011

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  • justAnotherFile
    09-17 06:21 PM
    I think you did a great job keeping the focus on the rally instead of sundry topics.
    Go rock DC!





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  • vikramy
    07-10 05:06 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.





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  • chintu25
    08-07 09:27 AM
    Relax Bro ..That is the old one delete the thread if possible





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  • vegasbaby
    06-04 03:09 PM
    I am hearing a lot of cases of RFE. I experienced the same when my best friends case recvd an RFE. They asked all sorts of questions. After filing a reply, there was no update for over a month.
    Eventually, her lawyer re-filed the case with same center, with same set of documents (every single document was the same) under premium processing.

    The same center approved her H-1B in 3 days flat. No questions asked. I guess they are looking for a legal bribe of premium processing fees :D



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  • gccovet
    11-20 08:40 AM
    I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
    I checked with my lawyer and she says previous FP is valid for 15 to 18 months

    Kindly Advise what should i do...

    Did you paper file or efile?
    If paper filed, no FP is required.
    GCCovet





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  • clif
    10-15 07:41 AM
    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.



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  • gc28262
    11-05 04:45 PM
    If she plans to continue with her current employer after her travel, there is no harm in using AP. Once she comes back on AP, she automatically resumes her H1B status on the next H1B extension filing within US.

    If she is OK with going through the hassles of visa stamping, that is fine too.

    Please refer to the following murthy bulletin for details.

    http://www.murthy.com/mb_pdf/032108_P.html





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  • abhijitp
    07-25 01:54 PM
    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated
    I would file a separate I-485 and I-140 for this other LC. Experts, what say?



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  • GC08
    11-04 06:59 PM
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.

    I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?





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  • zico123
    04-19 10:58 PM
    I see ..... Thanks for the reply roseball

    I guess now I will have to apply for amendment with new I-20 from Kaplan showing that I will be in status till Oct 1st. Thanks a lot, I was wondering how is it determined who gets I-94 and who does not ... now I know.

    Do you know how long I have to apply for amendment?



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  • jthomas
    05-01 09:40 PM
    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

    Thanks
    Amit

    Engineer and manager have different Onet codes and responsibilities. I have been promoted to a managerial position in my formal firm but i turned it down.





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  • tnite
    11-07 09:59 AM
    Mine rec date is july 2nd and notice date july 27th. Have got EAD, but not AP yet. Though I noticed two LUDs on my AP, 10/24 and 10/25

    I received mine on Nov 3 and my ND is Sep 8.The surprising thing is my AP was approved & mailed out on Oct 31 based on LUD whereas on the AP it is Oct 10 (expires on Oct 9,2008 )which means I received the AP for 11 months and not for a yr.
    See my signature for more details.



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  • aa_ke_phas_gaya
    04-30 05:09 PM
    I am not being pessimistic; this is just my opinion about CIR: I don't have high hopes for CIR when it comes to EB immigration.

    Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.

    I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.

    That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.

    Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.





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  • raysaikat
    07-17 02:17 PM
    A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.

    - From Greg Siskind blog

    Isn't $165/hour a steep rate?



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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.





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  • indio0617
    01-05 10:19 PM
    For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.

    Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.

    Thanks,
    WaldenPond


    I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)



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  • ragz4u
    02-03 03:01 PM
    Ragz,

    I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.

    If you guys are decided on the presentation, then i can go ahead and book the appointment.

    Check your private message too!





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  • buddyinsd
    02-07 01:02 PM
    The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.

    Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)





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  • shreekhand
    09-02 05:04 PM
    eastindia,

    Your comment is as hilarious and immature as saying....I had a bad teacher in school so all teachers are bad !

    Wake up ! Do not insult people's intelligence :p

    Stop this belief in babas and fakirs. This is a big scam in India by people who are unemployed and want easy life and money. See this video and open your eyes

    YouTube - Sathya Sai Baba's Miracles - Truth & Misconceptions (http://www.youtube.com/watch?v=d7hntuicBg4)





    number30
    02-19 08:55 PM
    Hello
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance


    I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.





    ashoka
    09-26 02:27 PM
    Texcan,

    Thank you.



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