Thursday, September 8, 2011

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08-21 05:49 PM
1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).

If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )

This is not too much to ask, also senators and companies - business cannot feel bitter.

This will make the system slow down on the new applications, it will not jam the existing Que.

(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.

(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
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January 5th, 2005, 07:54 AM
dude, that's a cool one. Is that the original colour?
It's certainly stark. I think a little less filling would make it more effective yet again..

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Kristen Stewart Wallpaper

07-29 02:44 PM
Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.

Hello everyone,

I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.


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04-21 04:11 PM
Hi Guys,
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.

Smooth. What a surprise.


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07-12 01:08 PM
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

Here are the things that needs to be fixed...

1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21

What is "End the endless wait" ?

EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!

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05-11 06:12 PM
Can I go to India and after the cleanace can I get the visa stamped in india?


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02-21 08:02 AM

I have a similar question. I have both H1 visa (valid till Feb 09) and approved AP document. I am planning to use my H1 during my re-entry into US. Do i still need to present/inform about my AP to POE officer?

Please advise.

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08-04 03:00 PM
Dude whats the consulting company name? If you want to land your employer in soup send his details to Dept of labor at ""


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star Kristen Stewart.

03-25 12:41 PM
Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.


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03-02 06:14 PM
Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .

i greatly appreciate your responses.

Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.

I am sorry, I don't know any attorneys that deal with civil cases like non-compete.



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07-30 08:04 PM
Thanks Ray and Kondur for your replies.

So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.

The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.

Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP. Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

And one more thing how long does it take generally to get interview once a person has applied for CP ??

I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here :-(

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01-06 02:11 PM
Hi ,

Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.

I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.

IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply

Thank you


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11-10 02:00 PM
Hi ,

My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.

Would this be a safe bet to take by choosing AC-21?

Please reply. i need to respond to them in a couple of days....

/* I am not a lawyer - this is obvious but I have to put a disclaimer to satisfy some members here - anyway it is your life and you have to think and take the decisions */

IMO you should be OK. just don't do anything foolish like telling INS about your AC 21, and keep doing some technical work once in a while to justify your 140.

Unless you take risks you will not gain anything.

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07-09 02:05 PM
Try complaining to the local Bar association. Thats the advice someone gave me. Also try the Better Business Bureau.


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10-31 03:31 PM
I talked to Delta rep and she told we can transfer miles from one account to another account. But there is a big catch. You need to pay about $10.00 for every 1000 miles transfered and $25.00 transaction fee.

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07-23 10:22 AM
I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.


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04-20 07:55 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.

Got it in hand exactly in a week from application date...(pretty smooth)....

And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

They will adjust it properly in your passport for you...

All the best.

Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007

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08-21 02:40 PM

"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."

By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]

I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.

[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]

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11-25 11:43 PM
Let us not turn it into EB immigrants vs. undocumented fight. They are human beings too, with a dream for better tomorrow just like us.

As long as CIR includes fixes for EB immigration there is no reason to oppose Legalization or the CIR. We the last CIR was opposed by our community not because it had Amnesty, but because it was really bad for EB immigrants due to the short-sightedness or some hard-leftist politicians. If CIR 2007 had pro-EB measures included our community would have supported it CIR or not.

On a personal level, I support legalization as I am opposed to the formation of another underclass. Just like I feel it morally repulsive that Indians, Chinese, legal Mexicans and Phillipinos being denied voting rights for years based on the country of birth, it's equally repulsive that 12 million people will live in this country with no voting rights. (make no istake, most of them aren't going anywhere). It's a mockery of the reason that America broke away from the British Empire - 'No taxation without representation'. (Studies have shown many undocumented immigrants in good paying jobs pay taxes using fake or someone-else's SSN. These taxes add up to millions of dollars every year)

CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.

02-13 10:55 PM
Thanks to all who responded.

03-26 11:06 AM
I will go first: 50%


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