Wednesday, June 15, 2011

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  • milind70
    07-24 08:37 PM
    Hello,

    I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

    Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


    Thanks
    It would be better to get affidavits from your parents ,if u submit without affidavits u might get a RFE and this might delaying your process.




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  • casinoroyale
    08-22 09:47 AM
    Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.




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  • WeShallOvercome
    07-23 04:11 PM
    No responses :(

    Can someone tell exactly how an FP notice looks?




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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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  • shx
    02-12 08:12 PM
    Just to let you know.... I got my labor approved in EB2, with MS + 1 year experience. You can try this option too.




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  • guygeek007
    08-06 11:08 AM
    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.



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  • indianabacklog
    06-27 08:56 AM
    If an A# has been assigned it will be in the beneficiary box of the I140 approval notice. Not everyone has been given one it would appear. If you have not leave that box on the forms blank.




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  • radhagd
    03-09 04:05 PM
    My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.

    Whether he can use earlier PD for EB2 (I-485).

    Please share your knowledge.

    Yes he can use earlier PD for EB2.
    He can file I485 in EB2 by requesting recapturing priority date from EB3.



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  • svgupta
    06-15 03:40 PM
    Yes.. Leave it blank.. Even my attorney said so...




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  • belmontboy
    05-23 03:36 PM
    I am on H1 since 2005 and renewed last year and it is valid till april 2010.


    Last year i joined directly to the client and they are processing my GC.

    When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
    So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


    guide me if this is not the correct thing to do...

    regards

    you surely can have two GC app's in process.



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  • smiledentist
    06-14 01:36 PM
    I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.

    Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.




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  • iwantgc
    05-08 10:15 AM
    Hello all,

    While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.



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  • maverick6993
    11-07 03:17 PM
    I am in Birmingham and would like to join the state cahpter.




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  • rahulpatel
    08-14 02:35 PM
    I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?



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  • skynet2500
    06-19 05:54 PM
    same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

    Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????

    They can give a report saying that second one is scheudled on a particualr date. that's what they do for people taking MMR from them. They don't give 2 MMR shots at one time.




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  • Aah_GC
    08-28 11:12 PM
    I have had the same problem. I have contributed $700 so far, but any attempts to access donor forum was just left to emails where Pappu would point to some other guy. This guy would mess up my profile and I would be left with interupted access to even my non-donor profile.

    The moment I cancelled monthly contribution off, I got an email and then some prompt follow ups. I explained my case and got a phone number to follow up which I did not call. Why should I?

    I understand this site is not run by dedicated professionals, but what about folks who have contributed not just in terms of money but by participating, acting on action items, promoting IV? Why cant you just give access to donor forums to folks who contributed in excess of atleast $500? (just to satiate my selfish limit)?



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  • WeShallOvercome
    11-05 12:59 PM
    All of you who could not apply for your spouses for any reason and now facing retrogression:

    Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.

    ==============
    Example:

    Your PD = May 2005 EB2

    July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.

    You have about 15 days to prepare your spouse's application and also get his/her medicals done.

    Send it out on June 30th to be delivered on early morning July 1st 2008.

    This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.

    ==============
    If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....

    I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..

    ==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====




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  • purgan
    11-11 10:32 AM
    Randell,
    Congratulations on getting the attention of the Times, and your tireless efforts in spreading word of the broken legal immigration system.

    ===

    New York Times
    Immigration, a Love Story

    http://www.nytimes.com/2006/11/12/fashion/12green.html

    WHEN Kenneth Harrell Jr., an Assemblies of God minister in South Carolina, invited Gricelda Molina to join his Spanish ministry in 2000, it didn’t take him long to realize he had found the woman he had been waiting for. On the telephone and during romantic strolls they talked about their goals, their commitment to God and how many children each would like to have. Six months flew by, and he asked her to marry him.

    “She’s a beautiful woman with a beautiful spirit, very gentle, very sincere,” Mr. Harrell said. But Ms. Molina, a factory worker, was also an undocumented immigrant from Honduras, who had crossed into the United States twice, having once been deported. Mr. Harrell, the pastor of Airport Assembly of God church in West Columbia, said he was not too concerned. “Whatever came, we would walk through this path together,” he said.

    Mr. Harrell and Ms. Molina, both 35, married in 2001, in a large wedding attended by family from both sides and blessed by pastors in English and Spanish. But the Harrells no longer live together, not because of divorce, but because Mrs. Harrell, now the mother of two sons and four months pregnant with their third child, has been deported. She had applied for legal residency, or a green card, with her new husband as her sponsor, Mr. Harrell said, but she was sent back to Honduras 20 months ago because of her illegal entries and told she would have to wait 10 years to try again.

    “Illegals are pouring over the border,” said Mr. Harrell, who has visited his family five times. “We meet them, we fall in love with them, we marry them. And then the government tears your family apart, and they take no responsibility for letting them in, in the first place.”

    Falling in love and marching toward marriage is not always easy, but a particular brand of heartache and hardship can await when one of the partners is in this country illegally. The uncertainty of such a union has only been heightened by the national debate over illegal immigration. Whether the new Democratic leadership in Congress will help people like the Harrells remains to be seen.

    It is hard to quantify how many people find themselves in Mr. Harrell’s situation, but with stepped-up enforcement in recent years, deportations have increased, and so have fears of losing a loved one in that way. (There were 168,310 removals in 2005, compared with 108,000 in 2000, immigration officials said.)

    And that is only one byproduct of love between two people with such uneven places in society, immigration lawyers say. Many relationships strain under the financial burden of hiring lawyers for what can turn into years of visiting government offices, producing pictures, tax records and other evidence of a legitimate marriage in the quest for legalization. And while instances of immigrants faking love for a green card are in the minority, according to immigration officials, some couples feel pressure to marry before they are ready, hoping that marriage will prevent a loved one’s deportation.

    Raul Godinez, an immigration lawyer in Los Angeles, said: “I ask people, ‘How much do you love this person? Because immigration is going to test your marriage.’ If you don’t feel it’s going to be a strong marriage, I wouldn’t do it.”

    Many people may still believe that obtaining legal status through marriage is easy, because of periodic reports of marriage scams. In a three-year investigation called Operation Newlywed Game, immigration and customs enforcement agents caught more than 40 suspects in California for allegedly orchestrating sham marriages between hundreds of Chinese or Vietnamese nationals and United States citizens. But such fraud occurs in only a minority of cases, federal officials said.

    In reality, immigration lawyers said, marrying a citizen does not automatically entitle the spouse to a green card and is only the first step in a long bureaucratic journey. The lawyers noted that changes in the law in the last five years have made this legalization path increasingly difficult, one worth choosing only if true love is at stake. (Other routes include sponsorship by immediate family members or an employer.)

    The Harrells said they had no idea how difficult it could be and were shocked when Mrs. Harrell’s application for permanent residence was turned down, leaving them only 12 days to prepare for her departure. In that time, Mr. Harrell said, they decided that the children, now 4 and 3, would go with her. So Mr. Harrell obtained passports for them, and the church held a farewell service.

    “It was very traumatic,” he said. “Our whole world was crashing around us.”

    In Yoro, in north central Honduras, where Mrs. Harrell and the children live with her parents, she said the older boy constantly asks for his father, begging, “Let’s go to my papa’s house.” She has coped with her own dejection, too. “I know how much work he has over there,” she said by telephone. “He needs his wife.”

    But even in the best of circumstances, when an immigrant enters the country legally, couples may have to rearrange their lives and defer their dreams.

    Paola Emery, a jewelry designer, and her husband, Randall Emery, a computer consultant in Philadelphia, said they delayed having children and buying a house for the nearly four years it took the government to complete a background check for Mrs. Emery, who had entered the country from Colombia with a tourist visa and applied for permanent residency after they married in 2002.

    Mrs. Emery, 27, said lawyers advised them it was not wise for her to risk trouble by visiting her close-knit family in Colombia and then trying to re-enter this country. She said she was absent through weddings, illnesses and even the kidnapping and rescue of an uncle.

    “I felt like I was in jail,” Mrs. Emery said.

    Officials with the Citizenship and Immigration Services in the Homeland Security Department say that delays lasting years are rare, but some immigration lawyers say they see clients who wait three to four years for security clearance. Mrs. Emery and her husband, 34, sued Homeland Security over the delays, and she was finally cleared last May. By then Mr. Emery had helped form American Families United, a group of citizens who have sponsored immediate family members for immigration, and which advocates immigration-law change to keep families together. Immigration Services officials say they are not out to impede love or immigration. Nearly 260,000 spouses of citizens received permanent residency through marriage last year, out of 1.1 million people who became permanent residents, according to the Immigration Services office. “The goal is to give people who are eligible the benefit,” said Marie T. Sebrechts, its spokeswoman in Southern California. She said the agency does not comment on individual cases.

    When a legal immigrant is sponsored by an American spouse, she said, the green card can be obtained in as little as six months. But with complications like an illegal entry, laws are not that benevolent, Ms. Sebrechts said. In those cases, the immigrant usually must return to the home country and wait 3 to 10 years to apply for residency, though waivers are sometimes granted.

    Such obstacles are far from the minds of couples when they meet. And for some, so is the idea to question whether the beloved feels equally in love with them.

    Sharyn T. Sooho, a divorce lawyer and a founder of divorcenet.com, a Web site for divorcing couples, said she has represented American spouses who realized too late that the person they married was more interested in a green card than in living happily ever after. “They feel conflicted, used and abused,” she said. “It’s a quick marriage, and suddenly the person who was so sweet is turning into a nightmare.”

    But more often, said Carlina Tapia-Ruano, the president of the American Immigration Lawyers Association, couples marry before they are ready because “there’s fear that if you don’t do this, somebody is going to get deported.”

    Krystal Rivera, 18, a college student in Los Angeles, and her boyfriend fall into this group. Ms. Rivera is set on marrying in April 2008, even as she worries that it may put too much pressure on the relationship.

    “I never wanted to follow the Hispanic ritual of getting married early,” said Ms. Rivera, a native of Los Angeles whose parents emigrated from Mexico.

    She said she fell in love at 13 with a Mexican-born boy who sang in the church choir with her. “He started poking me, and I said ‘Stop it!’ ” she remembered.

    Ms. Rivera is still in love with the boy, now 19, who was brought into the country illegally by his mother when he was 12. He goes to college and wants to become a teacher, while she hopes to become a doctor.

    But for those plans to work, Ms. Rivera said, she needs to help him legalize his status. She said she has witnessed his frustration as he dealt with employers who didn’t pay what they owed him or struggled to find better jobs than his current one as a line cook. Because of his illegal status, he is unable to get a driver’s license or visit the brothers he left in Mexico. “We want to be normal,” Ms. Rivera said.

    The Harrells, too, have decided to take charge. After months of exploring how to reunite the family and spending thousands of dollars on lawyers, Mr. Harrell has decided to leave his small congregation, sell his house and join his wife in Honduras. He will be a missionary for his church for a fraction of the $40,000 a year he makes as a minister.




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  • kondur_007
    03-17 05:44 PM
    Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
    I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
    Here is my petition break down
    1-140 filed-May 2009
    !-485 filed June 2009
    EAD/AP Oct/Nov 2009
    RFE on 140 -Feb 9 2010
    Responded to RFE - Mar 11 2010
    Denial posted on Mar 15.
    Would filing the I-130 affect the refiling of I-140?

    Appreciate inputs provided

    Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.

    If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).

    Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)

    Good Luck.




    visa_reval
    04-05 04:23 PM
    I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.




    chtting2me
    10-17 05:39 PM
    Mine is filed on Junly20, still my checks are not cashed yet.

    After some analysis on receipt delay's and talking to some other senior members in this group here is my description.

    Because of high volume of 485 applications USCIS deceided to hire some consultants.
    USCIS gave some instructions to consultants. If 485 applications are 100% correct they are issuing
    receipts. Other wise they are sending to 2nd level of verification.

    even some of friends got receipts who applied on Auguest 17th.


    The problems i seen in my application are

    1) My H1 extension got expired before i send to USCIS. I did not enclosed my approval notice (when i post my application i did not received my approvals)
    2) On 485 part 2 instead of choosing option 1 my immigration person selected option others and mentioned in that column becasue of I140 receipt number (SRC xxxxxx) i am eligiable for applying 485


    i seens some other cases also who's receipt are delayed the did some other mistakes.


    Experts please give me suggesstions because of above mentioned things is any problems to get GC or receipt numbers



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