Thursday, July 21, 2011

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  • arunsush
    07-24 04:14 PM
    My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
    My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
    I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.

    I need help from the GURUs here. Is the above possible?
    My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.

    Please help me out. I need to act soon on this.
    Many thanks in Advance.......


    Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.





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  • WaitingForMyGC
    01-30 03:18 PM
    How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.





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  • gcpain
    07-24 04:42 PM
    Thanks for clarification.





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  • luish73
    07-14 08:46 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.
    Please remember than Europe is not a country



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  • anilsal
    12-20 11:37 AM
    I watch his show regularly. I invite other IV members to also watch his show (late though).

    http://tinyurl.com/v94ow





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  • Prashanthi
    10-20 05:52 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?



    ************************************************** *********

    You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.



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  • HumHongeKamiyab
    04-08 02:39 PM
    What if VISA is not given .. can you come back?


    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab





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  • looneytunezez
    04-23 04:44 PM
    You have 10 days times after moving into new apartment. See the first line in below application


    http://www.uscis.gov/files/form/ar-11.pdf

    I understand the 10-day rule, but when does the clock start?
    The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.

    LT



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  • Bpositive
    10-06 08:00 PM
    I just read about someone in San Fernando who killed his family and himself because he didn't have a job.

    Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...

    Cheers!!





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  • lahiribaba
    02-11 02:45 AM
    actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
    those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
    we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
    the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
    a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
    some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
    now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
    ------------
    I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
    those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
    WARNING ...before attacking this idea ..come up with a better one

    and then there was the big earthquake that swallowed the village and the beggars sitting under the one lone mango tree...



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  • gcseeker2002
    10-24 12:09 PM
    I claimed my parents as dependents. You only need ITIN and have to do paper filing first time....
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?





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  • drona
    07-11 11:40 PM
    He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.

    He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.

    He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.

    Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.



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  • tanu_75
    07-29 02:53 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.





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  • reddog
    04-24 03:07 PM
    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL

    If you are not married, Yes, you can get married in the US, however, you will have to register the marriage in your home country if both of you are non-citizens.

    If you get married in accordance with the Hindu rituals, you will need a Memorandum of Marriage to get a certificate. the form might vary from state to state or even jurisdictions.
    OR
    you can set up a date with your marriage court and get married in court, that is called a legal marriage(registered marriage).



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  • damit
    04-07 10:02 AM
    Hi all,

    One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.

    I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.

    Please let me know, if any of you agree with him.





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  • franklin
    07-17 05:37 PM
    [I]A. STATUTORY NUMBERS



    You seriously think anyone is going to answer given your user name?!



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  • kaisersose
    09-17 12:17 PM
    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

    I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.

    A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.

    The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.

    There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)





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  • eb3retro
    09-12 10:40 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!


    hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?





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  • eastindia
    05-14 02:25 PM
    Best place to purchase home in DC/MD/VA area is near your place of work. Even if you have a palace but have to spend time every day in commute it is not worth it.





    mambarg
    07-26 02:52 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.





    rajuram
    09-15 11:09 PM
    Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.


    Please double check on the advice before traveling. I know from personal experience that when you travel to South Padre Island, which is very much a part of the US, on the way back you are stopped at a check point. If you are not a citizen, or a permanent resident, then you have to show your papers.



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