Friday, June 24, 2011

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  • qasleuth
    05-06 11:02 PM
    Dear IV Members,

    I know this is an immigration forum but I thought if I can get some valuable advice.

    A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.

    Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.

    This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
    If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.




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  • nshalady
    06-15 12:11 AM
    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.

    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • p.guptapost
    11-06 05:54 PM
    2 K number comes from I485 inventory report from USCIS. It shows 2K visas filed overall in 2009 till Aug.




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  • DDash
    09-23 04:44 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    Thanks for this info. Would you mind sharing the fax number? Thanks in advance.



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  • tnite
    06-26 03:29 PM
    While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

    Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)


    Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)

    Question:Name misspelled on I-485 NOA

    Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.

    On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.

    So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.

    Thank you.

    Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time

    An attorney has suggested them to take an infopass appt and I suggest you do the same




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  • Humhongekamyab
    09-16 02:19 PM
    Same thing you used your Cingular minutes for :)
    This will be your second round of calls.

    Not Cingular but the new AT&T. :D



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  • jliechty
    June 6th, 2005, 07:42 AM
    Some colors are really hard to capture without blowing out in certain situations, like this. Other than spot metering (or pseudo-spot metering like Kevin suggests), what you could do is bracket more downward, and use a RAW converter that shows a three color histogram (I wish all cameras had three color histograms - those that do are either not right for me - Sigma SD10 - or expensive - D2x, 1DsMkII?) to ensure that you don't blow out any one channel in the conversion. Of course, you'll be pulling up the shadows more if you do this, so I hope your camera has good shadow noise performance (mine doesn't).




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  • rockstart
    02-10 05:05 PM
    Since your wife is the primary applicant as you mentioned I dont think you need to wait for 180 days. Your employer is no way concerened with your EAD/ GC. But in case both you and your wife are working for same H1 employer then you moving might ring alarm bells for him but in case 180 days are already over then there is not much he can do.



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  • coolduggar
    05-07 02:33 PM
    What will happen to those who have already used AC21 if you suspect this rule is going to change and not favourable to us ?




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  • dc4opera
    05-18 11:27 PM
    I need some advice from the people on this board.

    My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.

    Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?

    I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?

    I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?

    Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!



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  • anilsal
    08-05 04:09 PM
    the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.

    This will benefit members.




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  • H1B-GC
    02-01 08:30 AM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks

    Congrats Buddy!!



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  • desi3933
    06-25 02:18 PM
    I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.

    Thanks Elaine.

    My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.

    Could you please share your views on this.


    .




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  • LostInGCProcess
    09-19 05:51 PM
    meaning I can work for company B now and even though my h1b renewal approves with company A? then when I feel like I can go out and reenter before the h1b renewal period ends?

    sabr, could you be more elaborate regarding the 2 companies, where do u work, and who is offering you the job, how do they want to hire you, etc... Please explain clearly what your question is? Iam trying to say something and you are interpreting it differently and it looks like we are off pace somewhere.



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  • pkv
    09-13 01:17 PM
    What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people

    why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
    1. Capture lost Visa numbers
    2. Get rid of country quota.. how does this country based quota makes sense in EB Category??




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  • raj2007
    02-10 11:23 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ???

    I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...

    Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)

    I agree with you..it depends how much time is left on H1.he can easily switch to H4



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  • ChainReaction
    10-09 07:06 PM
    Hello guys,
    I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.

    I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
    I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?

    I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.

    Please help !

    :(:(:(:(

    I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.

    When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)

    By the way my PD is March,2003




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  • nozerd
    02-26 09:46 AM
    Thanks Sanju,
    I already have testing experience since I am used to reviewing test plans from a functional perspective and am aware of testing methodology.
    Is there a market our there for testing ?
    Thanks




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  • scorpion00
    10-06 02:43 PM
    Hi Manish,
    I hope everything goes well with you.
    Did the officials call you or come to see you in person?




    arjunpa
    08-18 10:32 AM
    Hello

    Case details
    --Lay off with Employer A happened in April and I was without a job for a couple of months
    --I have a valid Visa with employer A until April 2010.
    --Finally found a job as a consultant, employer B applied for my H1B.
    --RFE has been answered with sufficient documents and awaiting a response.

    Question
    I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.

    Please advice.
    Thanks!




    delhirocks
    07-19 10:43 PM
    Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.

    Any Guess????

    Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)



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