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  • vinnysuru
    03-05 05:00 PM
    OK gurus need your help with this!

    Appreciate your efforts in helping all of us. Thanks.

    My questions are:

    I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
    1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
    If I decide to go for Stamping:
    2. If stamping gets denied or delayed, can I come back in with AP?
    3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.

    My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
    She will accompany me to canada with pending EAD renewal application:
    1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
    2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
    3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.




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  • glus
    08-26 12:33 PM
    I am in exact same situation too. The notice date for EAD renewal is July 7th, 2008. I-485 pending at NSC and EAD applied at TSC. Still waiting. I am current as my PD is EB-2 India 9/2004.

    Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.




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  • jk333
    07-08 01:18 PM
    Excellent points dvsnm.

    Once the date, time, and agenda are fixed, we'll hit the roads.
    We can also come out with a common flier.

    Adding to this:
    * Each major company in the bay area must have their own internal
    network/alias. They can spread the word within and pool in more support
    for this.

    -JK

    Guys I am looking at this thread for the first time today and want to put some comments:

    1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.

    2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.

    3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.

    BUT, you know what we are missing?:

    1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?

    2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?

    3) No usage of the library notice boards.

    4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?

    I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.

    Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.

    As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.

    P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.




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  • desi3933
    07-10 06:54 AM
    @desi3933:
    This comment was then obviously was not directed to you but to others who advise to "file AC21."


    Thanks, Sankap, for the clarification. Because, in this post you have addressed that post to me and asked me this as #7. Here is that post again -


    @desi3933:

    1. ....

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?




    Please show me any of my post where I have advised people to file for AC-21.


    .
    .



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  • acecupid
    09-24 05:22 PM
    Atleast we agree on one point that the law is absurd.

    :eek: what is absurd is your thought process! :eek:


    Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D




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  • desi3933
    08-29 04:18 PM
    Yes, I do have an update. See my posting the Lawsuit thread.

    Note:
    This Lawsuit Idea is on hold for the following reasons:
    a) Not enough interest in the affected parties
    b) Cost of the litigation would be upwards of around 30K
    c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.

    Thanks for the update!

    Good Luck.



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  • 485Mbe4001
    03-26 02:07 PM
    i know for a fact that 2 of my friends who were stuck in namecheck and had current PD got their GC approval emails 3-4 days after the rule was passed. I have EB3 PD of mid 2002 and was stuck in NC for 3+ years, i got a soft LUD one week after the rule was passed. it was the first LUD after 2 years.

    NC was hell and i hope people dont go through what we went.

    It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)

    Yes, it would "improve" Name Check with coparision to what we have observed so far. But it still have following loop holes and flaws.

    Reference:

    http://blogs.ilw.com/gregsiskind/files/Mocanu_New_USCIS_NC_Procedures.pdf

    Now I generally read and analyze. Do not just read.:)

    (1)180 days period is from the "Date of FBI Name Check initiation. It is not
    from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
    Check. So I see a big playground for USCIS to play if it decides to play.
    What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
    Do we have a way to know or keep an eye on USCIS about this? At least I
    do not know and if somebody has the information please share it.

    (2) "If 485 Otherwise is processable" then USCIS can go ahead without
    waiting for NC check... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now.. USCIS is making Texas slow
    day by day not moving processing date. I remember Texas was ahead
    with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.




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  • number30
    05-04 09:30 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.



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  • delax
    08-18 12:53 PM
    Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.

    Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.




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  • rameshk75
    10-03 08:17 AM
    My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?


    One of my friend was in your situation. He got the I797 stating that 485 was approved. He took infopass and got the passport stamped. Hope this helps.



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  • brij523
    12-10 09:17 AM
    Pani_6,

    Good post. One question to you. Would you be able to give 7 days of your vacation early next year? I want to device a strategy for success. If you are interested we will work togther. And whatever strategy is formed, it will have blessing of IV and participating member. Please reply for this post. Be serious. I am not joking.

    Not only you I need around 100 peoples one weeks time. So other people serious about getting GC, if you are willing to part away your valuable one week time that would be great.

    I would like to stress, I am not dying because of GC. But I think we need to do something to get GC. Otherwise, we will be in QUE, a lonnnngggg QUE.

    Hope I have some taker.

    Thanks




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  • desi3933
    07-10 06:50 AM
    Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.

    Total BS. Do you have any reference link for case denials?

    You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.


    .



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  • krishnam70
    07-10 02:43 PM
    Looks like CNN - India covered the our flower campaign story on TV!

    Just got an SMS from India!


    no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..

    CNN sucks big time and others are not too far behind




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  • desi3933
    02-01 08:17 AM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?

    And if the H1 goes dormant then what can be done next?

    Couple of questions here -
    1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
    2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
    a. your employment is terminated
    AND
    b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • mundada
    09-10 04:05 PM
    :D
    If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
    This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
    It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
    It will prevent one generation from India/China from being fooled into American Dream.




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  • akhilmahajan
    04-23 11:38 AM
    My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?

    As per the Yates memo, we are covered once 180 days have passed since filing 485.

    If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.

    Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.

    So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.

    I hope it helps.

    GO IV GO. TOGETHER WE CAN.



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  • raj3078
    10-30 10:48 AM
    You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....

    Senthil1 -
    Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
    Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....

    Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
    In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?


    We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.


    QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...[/QUOTE]




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  • iptel
    06-23 05:16 PM
    Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.

    Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.

    Buddy you reached this thread also. What part you dont understand involving foreign influence can have catastrophic effect.




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  • forever
    08-03 07:07 PM
    I live in IL
    As per my analysis, your case will not be transferred to TSC. You should get receipt from NSC.




    looivy
    07-21 02:16 PM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....

    Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
    Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
    Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.

    It would be better if we have a tracker database on IV website o/w this thread will grow madly.




    jsb
    11-01 02:02 PM
    Summary of AC21 law provisions poste above.

    (1) It is not necessary to work for GC sponsoring employer prior to getting GC
    (2) USCIS should be advised (after 180 days of AOS pending) with new job offer (in same/similar classification), and your intentions of using AC21
    (3) Sponsoring employer can not withdraw I-140 after 180 days of AOS pending
    (4) Sponsoring employer CAN withdraw I-140 within 180 days.

    July 2 filers should keep their sponsoring employer happy until Dec 29, with no suggestions that you might be thinking to leave. Do whatever you want thereafter.



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