Tuesday, June 7, 2011

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  • waiting4gc
    06-29 01:18 PM
    My lawyer asked me to use A# on OPT card as the A# on my 485 application. USCIS does not normally assign A# when 140 is approved. There are only rare scenarios when it does that. Please use the A# on your opt card so that USCIS can easily find your records from the student days.

    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this





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  • roseball
    04-24 08:56 AM
    Since your I-94s are already expired, I would advise to talk to your attorney asap and follow his advise....Do not rely on a forum to get suggestions on a time sensitive situation...





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  • gc28262
    06-14 05:00 PM
    I wonder whether the author even worries about America's competitiveness. For him it is all about him, his citizenship etc. Lesser competition means better wages for writing 4 lines of HTML code. Why should he care about America and its competitiveness !





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  • ashoka
    09-25 12:38 PM
    How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?



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  • psvk
    08-07 11:58 AM
    Thanks for the laugh though





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  • glus
    11-13 11:22 AM
    Hi,
    I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:

    Dear Mr. XXXXX:

    The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
    The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.

    LMH
    Legal Net
    Visa Office
    Department of State



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  • logiclife
    07-21 02:57 PM
    The name of the lawyer we have talked to before is Joe Hohenstein.

    See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088





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  • aries
    08-07 07:35 PM
    I came back on Sunday after landing with a expired visa but valid H1B till 2010
    My family had valid visa till sept 07

    So we donot need a valid stamped visa to come back. ? We can come back if we have H1 papers.Thanks for the respose.



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  • Alabaman
    04-30 06:23 PM
    all talk... talk talk talk...no action





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  • morchu
    05-06 11:51 AM
    You are NOT eligible for AC21 benefits (for the part of continuing the GC even after jobchange) on your I140 yet . So technically if the job is different you need another LC and I140. But thinking from a broader view, LC states, job title, description, wage and employer. So from an LC point of view, as long as the stated conditions there remain the same, the job is the same. As long as the job is SAME no issues.
    Absolutely no issues, as long as you have a letter from same employer does not matter.



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  • meridiani.planum
    06-04 12:44 PM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.

    though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
    Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).





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  • JazzByTheBay
    07-26 07:59 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    jazz



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  • immm
    08-10 02:04 PM
    http://www.forbes.com/feeds/ap/2007/08/10/ap4009032.html

    Associated Press
    U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET

    WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.

    Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.

    The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.

    At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.

    "Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."

    The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.

    "Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.

    Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.

    Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."

    The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.

    "This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.

    Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.

    In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.

    The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.

    The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.

    Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
    ....
    ....
    ....
    He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.

    But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."

    The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
    ....
    ....
    ....
    Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.





    Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed





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  • chanduv23
    09-04 06:50 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.



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  • rocky17105
    07-28 12:28 AM
    Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.

    It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?





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  • pellucid
    05-04 10:53 AM
    Non Premium: 60 days; Premium: 15 days

    If you have your case number, register the online status service, and you'll receive an email like the following when they receive your RFE:



    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRC071XXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Response to request for evidence received, and case processing has resumed.

    On May 4, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status & Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)



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  • gc_chahiye
    08-26 12:59 PM
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.

    not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.

    If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
    If your LC is >365 days old you get a 1 year extension.





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  • knnmbd
    05-25 08:26 AM
    I presume this is independent of the Advance degree provision in Sec 508 of the bill. India/China would not qualify for the diversity visa program any way. Correct me if I am wrong.





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  • a_yaja
    09-13 10:37 AM
    I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

    Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

    Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

    Thanks,

    You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.





    crystal
    08-25 06:39 PM
    If u want to, you can apply for H1 extension as ur labor is more than year old. You will get one year h1-b extension, as ur I-140 is not approved yet. With approved I-140 u would get 3 year extension





    Asfandyar
    08-20 07:59 PM
    The Respective SKIL Bills are currently infront of the House and Senate Judiciary Comittees. Please contact the members:

    House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
    http://judiciary.house.gov/CommitteeMembership.aspx

    Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
    http://judiciary.senate.gov/members.cfm



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