Saturday, June 25, 2011

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  • gcpadmavyuh
    09-23 01:51 PM
    Thanks Jindhal.

    I have been working with the Director of International Students office at the university from day 1.

    After going through the discussions, and convincing her that my wife can work, she is now asking for law that allows AOS candidates to take up graduate study.

    Frustrating!



    Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

    Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.




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  • lacrossegc
    06-25 01:19 PM
    IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....



    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.




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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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  • sanju_dba
    09-15 09:58 AM
    Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.

    so, with 1000 ppl...20 per months. = 20K.

    In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
    let it be 20k....200k , half the share goes to IV and half to the winners.



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  • Sunx_2004
    10-10 12:36 PM
    My application reached NSC on July 17th, No updates yet..:mad:




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  • redgreen
    09-25 04:52 PM
    There are diversity lottery, asylum, etc, options also for gc.
    However, the main points of getting us citizenship is described clearly in it.



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  • terpcurt
    November 2nd, 2003, 10:44 AM
    Both of the following are about 500KB, so beforewarned...

    I put a smaller beetle macro into the front-page gallery area, but here's a couple others.

    1 Upclose and personal with a dandelion.

    2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.



    Nice shots.......... I like the close ups with Macro, and also the landscapes with the old buildings overrun with ivy

    ead job suggest please [Archive] - Immigration Voice

    View Full Version : ead job suggest please





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  • GCSOON-Ihope
    08-23 10:50 AM
    :) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
    Thanks in advance for any help. :D

    My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
    Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!



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  • ars01
    06-27 10:48 AM
    My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.

    My wife got an OPT card last month and we used A# from that card for her dependent I-485 application




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  • smuggymba
    10-08 05:40 PM
    i sent u PM.

    Mr.Smuggy - Easy buddy. Relax.

    I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?



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  • reddog
    02-24 12:02 PM
    Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
    Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.

    I totally disagree with this idea.
    infact, for posting onto a forum or replying, there should be minimal registration info required, i would say, the handle, email id, password and the captcha and thats that.
    IV should not kick into protective mode cos of one tunnel rat.

    the site and the forums should attract people from all walks of life, regardless of their immigration status.
    what if i m a lawyer and want to respond to things or post new threads?
    what if i m a citizen and want to reply to something i know?
    what if i m a father of a h1b trying to find an answer on tourist visas?
    I dont want a lengthly registration form for that.




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  • ArkBird
    05-21 04:55 PM
    Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
    The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

    PS - Sorry for the Title. But I am just quoting him.

    EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)



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  • tiinap
    02-01 06:33 PM
    I've been trying to research this out of my own curiosity. All candidates speak in rather vague terms at this point in the campaing, but based on the candidates' own websites and media, here's what I've found:

    Let's start with Obama:
    (quotes from his campaign website):
    "Obama believes we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. (:))
    Obama supports a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens. (presumably, that would include us, if we're lucky, can maybe even get in line before the illegals)

    o Fix the Bureaucracy: Obama joined Rep. Luis Gutierrez (D-IL) to introduce the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair. Obama also introduced legislation that passed the Senate to improve the speed and accuracy of FBI background checks. (:))

    "Respect Families: Obama introduced amendments to put greater emphasis on keeping immigrant families together." (Does this include keeping temporary worker families together? :confused:

    "In the most recent immigration debate on the U.S. Senate floor, Obama fought to improve and pass a comprehensive bill. Obama introduced amendments to put greater emphasis on keeping immigrant families together and to revisit a controversial new points system that never received a proper public hearing. Obama will continue to work for a comprehensive bill that fixes our broken immigration system." ( :))

    BUT... Here is what Obama said on the Senate floor in June 2007 when the subject of points-based immigration system came up:
    "�For decades, American citizens and legal permanent residents have been able to sponsor their family members for entry into our country. For decades, American businesses have been able to sponsor valued employees. The bill before us changes a policy that, while imperfect, has worked well and will replace it with a new, untested, unexamined system to provide visas to immigrants who look good on paper, but who may not have any familial or economic ties to our country.�

    "..they support the amendment because the new points system shifts us too far away from the value we place on family ties and moves us toward a class-based immigration system.."

    �Our current immigration system delivers the lion�s share of green cards � about 63% -- to family members of Americans and legal permanent residents, while roughly 16% of visas are allocated to employment-based categories. The bill before us would reduce visas allocated to the family system in order to dramatically increase the proportion of visas distributed based on economic �points.� Once implemented, these new economic points visas would then account for about 40% of all visas, while family visas would account for less than half of all visas, with the remainder going for humanitarian purposes.�

    First of all, believes the current system has worked "well"! :D
    Wants to see a continuation of the system where family-based immigration is given priority :mad:
    Seems to be glad that only 16% of GC go to EB :mad:
    Laments the fact that 40% may go to educated immigrants under the points system. :mad: More educated immigrants, oh the horror!

    Votes: Voted in favor of amendment to cut proposed guestworker program in half in 2007 :mad:

    He's making some vague but good promises about fixing the system, and seems to be aware key issues like FBI namechecks. But the track record of what he has done in the Senate is pretty horrible. The points system would have given a huge advantage to anyone working in the US currently and Obama played a big role in taking that off the agenda.




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  • morchu
    05-12 05:47 PM
    Thanks for clarifying this.
    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.



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  • dealsnet
    01-13 11:08 AM
    I got approval 2 years back. What I did is applied for EAD when my date is current in that months's bullettin. So they picked up my file and find my date is current, so they rejected my EAD application first and approved the GC. I have lost the EAD filing fee, but got a peace in mind (GC).

    Try that route, to pick your file from the shelf. (black hole)




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  • ajp5
    05-05 10:15 AM
    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

    That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.



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  • lunatic
    01-21 07:27 PM
    ^ Agreed. Possible to put them all on page somewhere for viewing? Can anyone host that for a week or so?




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  • h1bnogc
    08-30 06:51 AM
    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.

    Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.

    It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.

    How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?

    thanks for your response...




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  • ilwaiting
    09-27 11:26 AM
    Unless one were being paid a EB2 salary back then but employer filed you in EB3.

    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..




    a1b2c3
    09-23 06:07 PM
    same issue nsc rejected one time second time accepted




    Bpositive
    02-22 05:17 PM
    Talk to a good lawyer...you should be able to sort it out..Congrats on getting into the Phd program at MIT. No mean task...



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