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Sunday, June 19, 2011

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  • vin13
    07-01 02:10 PM
    I am not sure if this is what you are looking for...please check this. It says someone on "Parole" may be eligible non-citizen.

    Source:Completing the FAFSA 07-08/The Application Questions(14-31) (http://studentaid.ed.gov/students/publications/completing_fafsa/2007_2008/ques2-1.html)
    Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.

    For financial aid purposes, an eligible noncitizen is one of the following:

    A U.S. permanent resident who has a Permanent Resident Card (I-551 or I-151)
    A conditional permanent resident (I-551C)
    A noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security (DHS) (specifically, the U.S. Citizenship and Immigration Services) showing any one of the following designations: "Refugee," "Asylum Granted," "Parole" (the I-94 must confirm 'paroled for a minimum of 1-year and status' has not expired), or "Cuban-Haitian Entrant"
    If you are neither a citizen nor an eligible noncitizen, you are not eligible for federal student aid; for example, you are not eligible if you are in the U.S. on one of the following:

    An F-1, F-2, or M-1 student visa
    A J-1 or J-2 exchange visitor visa
    A B-1 or B-2 visitor visa
    A G series visa (pertaining to international organizations)
    An H series or L series visa (allowing temporary employment in the U.S.)
    A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)
    An I-94 stamped "Temporary Protected Status"
    However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu. Please note, however, that if you do not have a Social Security number, the processor will not process your FAFSA. If you are in this situation, you should contact your school for information on how to proceed.





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  • nrk
    10-06 06:07 PM
    Done





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  • pappu
    08-15 11:30 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
    EB2 is unavailable rt now and will be severely backlogged due to cases coming from BEC. When eb3 got backlogged, several people filed quickly as eb2 in order to get eb2 benefit. However now that eb2 is unavailable it is tough to say if when it becomes available it will actually move fast at all. With BEC cases coming up, there is a chance it will be stalled at jan 2003 or earlier in order to allow old cases to be cleared. this will be enough for India quota be over.

    EB3 is available rt now however the wait is very long and will move slow.

    in this scenario, prioirity dates are most important than eb2 vs eb3. both are likely to be heavily backlogged anyways for india.

    lets hope some immigration relief happens soon so that we dont live in such tension.





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  • reachinus
    10-31 12:40 PM
    I am not sure what you want to say over here...
    I told you are wrong in saying that they may issue the I-94 till the expiry of the Visa Stamp.

    Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).



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  • RajWantsGC
    05-21 11:19 AM
    well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.

    browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?

    Thanks
    Raj





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  • Vitriol
    04-13 09:12 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?



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  • rb_248
    09-08 02:45 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.





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  • Madhuri
    02-24 05:17 PM
    You first need to apply for SSN based on your pending I-485 application.



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  • mrdelhiite
    08-07 10:42 AM
    You also need to include the filled in Form I-134.

    http://www.uscis.gov/files/form/i-134.pdf

    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M





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  • gcpain
    06-25 11:10 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.



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  • akred
    03-26 08:30 PM
    Remember, all immigrants no matter where they came from, are ultimately legal immigrants once they pass through the system.





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  • crazyghoda
    06-08 07:29 PM
    Not a bad idea. No need to bring up all the talk (from other threads) about interim GC or whatever. Just a 10 year validity on EADs and APs for retrogressed categories. If nothing, it'll atleast highlight the situation (and save me $340 + $305 = $645 every year)

    too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..



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  • pointlesswait
    07-29 06:06 PM
    CHC speaks only for illegals...
    they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.

    They will never come onboard for legals..we have to fight our own battle.

    So individual constituents on this forums can have personal views..



    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".





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  • rbachu21
    02-03 03:03 PM
    Invincibleasian,

    Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?



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  • AgentM
    01-25 10:15 PM
    Hi,
    If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

    Thank you.





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  • sammyb
    03-24 08:37 PM
    just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...

    Thanks ... wil listen to it from home ...



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  • funny
    09-16 12:31 PM
    Everything else can wait till tomorrow....All the "Help needed..." Threads and "HOW USCIS Sucks..." "Please Help.." threads can wait till tomorrow....Only thing that matters today is YOUR phone Call...





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  • brb2
    08-10 11:28 AM
    I have copied the information from the link below. It clearly states DOS checks background overseas and DHS ensures the person entering is the same person who was issued the Visa. So, my point is that DHS is only responsible for conducting background checks for EB/N400 applicants only. Anyway we will know later today. Hopefully something good news after the chaos in the stock market:)



    "In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."



    Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)





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  • skagitswimmer
    June 5th, 2005, 09:46 PM
    I have a new eos 350 and am slowly starting to learn to use it. One problem I seem to be having is that on some of my flower shots I am finding that the reds and yellows seem to get blown. I am sure the exposure is right because I bracket like crazy. And I am shooting in raw and then use the slidebar and curve in the photoshop CS raw converter to tone down the image untill the clipping is all gone. But there is still no detail in the area in question - which was the area that showed up as blown out or clipped in the raw image.

    The area I am talking about is the petal on the far side of the flower near the center of the image.

    I would have assumed that because it shows up as clipped in the initial RAW image then there is no recoverable detail. However if I desaturate the image almost completely or add reds I do get some detail in the blown area.

    I am using a photoshop colourspace in the camera. Saturation and exposure are set to normal.

    Is this a problem with me or with the camera?





    diptam
    01-16 01:13 AM
    Bhanu and others,

    Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .

    http://www.uscis.gov/files/form/I-824.pdf

    Thanks,

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu





    slc_ut
    05-29 04:27 PM
    OK Prashant, got it. Thanks.


    Hi,
    You can fill up these forms save and exit without picking a date ..
    after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..



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  • gc_chahiye
    08-05 10:58 PM
    this number has been thrown around a lot
    per uscis as of July 27 they had 75K pieces of mail
    so maybe 125K applications including families.
    this will increase a bit, so let's say 175K or 200K
    still quite different from 700K

    per that visa bulletin preediction mail from Jan Pedersons lawfirm USCIS recevied 75k applications within 2 days of July. NOT by July 27th. Anyway will need to wait for USCIS stats to see how many they get by Aug 17th, but looking at how most lawfirms are still very busy with 485 filing I would expect a number midway between 200K and 700K (atleast!)





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  • rajuseattle
    04-27 07:55 PM
    According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.

    I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.

    I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.

    No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.





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  • pappu
    02-11 10:10 AM
    E-mail Matthai Chakko Kuruvila at mkuruvila@sfchronicle.com
    has anyone sent email to this id? we need several people to write to reporters so that they can cover our issues.
    thanks





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  • hopelessGC
    04-20 10:34 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    This one is playing a joke...but if it is indeed true then it is a MIRACLE :confused:



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  • trramesh
    11-11 09:51 PM
    /\/\





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  • 90210
    05-11 01:54 PM
    Hello 90210,

    If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

    I talked to Murthy about this couple of months ago.


    Are you sure? There is a lot of confusion.

    And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?

    Can some Guru please make this clear?



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  • abqguy
    01-19 05:15 PM
    lmao :D





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  • ddanait
    02-11 01:03 PM
    How does one access donor forum? I ahve donated some sum and I am a registered member



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  • diptam
    07-17 12:09 AM
    I mean i filed without both of those. Theyare required in the 140 phase , not in 485.

    But keep them handy - in case they wants mail by next day air
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help





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  • humdesi
    02-17 02:13 AM
    There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.

    Theoretically there might be some spillover if EB-3 RoW doesn't get used. But with namecheck requirements lifted and EB-3 RoW advanced so early, I doubt there's going to be any spillover.

    Bottomline - wait till Oct for EB-2 India. Big question is at what date will it open and how fast will it move. Well, we saw how EB-2 became unavailable even after retrogressing to Jan 2000. So not much hope of going beyond 2001, even after Oct....



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  • reddymjm
    12-04 04:52 PM
    I am also flying to Chennai in 2 days.





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  • Jimi_Hendrix
    11-02 02:41 PM
    cases where I140 is approved and I485 is pending for more than 6 months i.e. AC21 cases? I think in these cases you can move to a different state. Can anyone validate this?



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  • GCapplicant
    10-12 04:19 PM
    I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..

    My application is being processed at Texas..

    Not many people who have filed with me has recieved any notices as of yet..

    So dont worry guys we all should be fine..

    Glad to see a NJ applicant to receive FP.Hope we also receive ours soon.Thanks for the update





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  • carbon
    09-25 04:19 PM
    I agree that 1/2 million people can't impact housing market significantly.
    but look at the numbers, 1/2 million people means $100 billion untapped
    market. Personaly I can't imagine any business community who wouldn't consider
    this huge potential market seriously.(We are not poor
    immigrants that they can ignore, we are professinals with good credit)

    Who knows they might help a little to push our issues in DC or reach our goal of
    raising 60K !

    All IV has to do is send a simple letter to them. Whats harm in doing that !!!



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  • InTheMoment
    04-09 08:58 PM
    I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.

    In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.

    I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.

    So go for it ! (after consulting a reputable attorney if that would make you feel better)





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  • snathan
    02-10 11:52 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks

    No one is comfortable with Eb3...do you have Master or Bachelor in EE? Any it has to do with the job requirement and not with your or your degree.



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  • rajuseattle
    04-27 07:55 PM
    According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.

    I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.

    I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.

    No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.





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  • abd
    03-05 10:18 AM
    My I-140 got approved without RFE EB2 on 03/02/07.

    RD 07/27/06
    LUD 08/16/06
    Approval Date 03/02/07.

    Now joining endless wait for 485 filing.





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  • newyorker123
    11-29 12:44 PM
    @sameer2730 :

    So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
    Sent the request for correction with my supporting documents.

    -- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".

    And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.

    Please help me with your advice. I am completely in dilemma as to what needs to done..

    Thanks in advance..
    Vinay



    Country of Citizenship field is right underneath the applicant's address field(s), so I did the same mistake. Next thing I called up USCIS and told about the mistake and they put note to correct the information on my record (it seems they cannot modify) and I got my EAD without any issue.





    bidhanc
    06-08 03:32 PM
    Hi,

    My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
    I think mine went to Nebraska.





    insbaby
    01-12 12:32 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks

    From Indian Embassy, Washington DC.
    Guidelines for Indian Passport Holders
    (i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.

    There are few potential issues you could face:

    1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.

    2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.

    3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.

    4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.

    It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.

    The message sounds very rude, but I have seen the experience of missing passport in a foreign country.



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  • Beemar
    12-09 04:44 PM
    I insist that the name of the person who used profane language on IV website be revealed. It is a serious and urgent issue. Such people must be exposed for the public good.





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  • krish2005
    09-18 02:39 PM
    One never knows on how CIR will encompass the legality of the undocumented.

    My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.

    These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).





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  • ngodisha
    08-15 08:35 AM
    It should be SKIL and not SKILL as mentioned in the fact sheet. (not being picky but trying to end up with a typo free document).

    Will let you know if I find anything more.





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  • vijay0101
    04-07 05:28 PM
    hi ggc,
    when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
    Thanks



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  • chanduv23
    07-02 01:07 PM
    My wife name in not mentioned while applying I140 , how does it imact?
    Can i add her while applying I485

    Yes, add your dependents on 485





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  • GC_1000Watt
    12-19 12:08 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ

    Talk to a good immigration lawyer...preferably Murthy law firm.
    I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
    I am not a lawyer and hence please consult with experienced immigration attorney.
    Hopefully new year will come with good news for you. :)



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  • nanneh
    04-28 08:42 AM
    Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.

    Link to this service provided by the Consulate General in San Francisco
    http://www.cgisf.org/visa/indian_services.html#mis-bc

    Thank you Samir, but this format won't help to me. Can some one clarify to me while submitting our I-485 , do we need our birth certificate which contains both parents information or only father's name is okay?

    I need to know clearly on this subject, In my present BC contains only Fathers information only.

    Pls help me if some one have that specific format which contains both parents information.





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  • surabhi
    10-17 12:28 PM
    I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

    Contract - Corp-to-Corp ?
    Contract - W2 ?
    Contract to Hire - Independent ?
    Contract to Hire - W2 ?

    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21



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  • simple1
    05-11 01:49 PM
    Hello Attorney,

    About Myself:
    =============
    Myself EB2 Mar-06 now in I485.
    deeply concerned about the current retrogression of eb2 priority date to 2000.

    Background:
    ===========
    Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

    However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
    Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

    The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    Question:
    =========
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified ? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.





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  • freeskier89
    01-02 02:17 AM
    Is there a good way to post swfs? We can zip them, but its nice to be able to see the entries quickly. Is there any place to post them externally so the security of the forum isn't compromised? I might be able to set up an uploader in the next week for the contest on my server if it would help.



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  • hoolahoous
    04-17 01:19 PM
    when I travelled aboard last two times, I went to Citizen's line (my daughter is citizen and I am on H1b) and IO didn't have any issue at all.





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  • mirage
    04-08 02:40 PM
    On Page 3 they say total Employement based preferences number was 162,176

    Than on page 6 they say total Employement based preferences number was 147,148



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  • saiimmi
    12-12 09:02 PM
    Could you please throw some light?

    GG_007


    PTO: planned time off





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  • franklin
    06-15 12:33 AM
    Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition

    Long Stroy in short form with the rules underlying AC 21 act
    If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD

    Yes, lets hope the removal of AC21 in CIR has been reversed !

    Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)



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  • liche
    04-20 06:23 PM
    USCIS said you should receive receipt dated no later than June 2
    you can check their official press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=183f301458e49110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).





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  • prince_waiting
    12-12 12:02 PM
    Hi fellow IVians from the 'Heart of Dixie',

    Birmingham is at an equal distant from Montgomery as well as from Huntsville if I am correct. Willing to travel from Auburn to Birmingham for a state chapter meeting if it is convened.



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  • gulute
    12-09 08:30 PM
    Pardon my ignorance!

    My understanding was American companies are setting up shops in India for cheap labor and still provide services for mostly American consumers and not Indians. And for Oracle they can bring any number of Indians here on H1/L1/B1 visas. So what make them pay $120K in India (I assume he is still a software engineer, else he would have been getting more than $120K here!)

    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.





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  • ameryki
    10-17 08:29 PM
    Boss once you get an ead after applying for 485 one must consider taking the risks after 180 days because the chances of getting that 485 denied are slim to none unless your application has opportunities if you know what i mean.:)





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  • gconmymind
    11-05 03:50 AM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
    I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
    Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...





    franklin
    07-11 06:03 PM
    I can make some calls.

    Thank you - I've just sent you a pm





    nozerd
    11-21 12:22 PM
    HELLO ! Emilio Gonzalez, USCIS Director is Cuban American. Its probably his parting gift for "his people".
    Cuban Americans are very strong Republican vote block. See new TV serial "Cane" on CBS to get a sneak peak into the community.