Thursday, June 9, 2011

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  • eb3_nepa
    10-26 03:53 PM
    But whateverr may be the case sorting top 20 records should not take much time.

    Sathyaraj ur talking abt selecting a different top 20 almost on each request. Unless you have a decently powerful system, this can be pretty taxing on the DB. Now this also depends on which column ur sorting on.

    Now if i go any further ppl might complain that i am not talking in English anymore.





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  • parablergh
    08-27 02:26 PM
    While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.

    After you provide some personal information, you may be able to receive your receipt number verbally.

    Unfortunately this has worked in some instances, but not in others - so good luck.

    If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.





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  • asanghi
    09-15 02:15 PM
    We can send these to Nancy Pelosi & Harry Reid. I am in. However it will only be effective if we manage PR well. The only reason flower campaign worked so well was because it was all over in the news. So I guess we should either copy some reporters (which I think may be too much data for them to appreciate) or make a press release through IV.





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  • Ann Ruben
    06-22 12:10 PM
    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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  • anilsal
    08-15 12:11 PM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

    Many July 2nd filers have had their checks cashed (as per ). Have you verified that your application reached on June 11 via fedex?





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  • cbpds
    06-01 07:03 PM
    Please note prefiling allows one to file their 485 papers but will not get an EAD unless ur priority date becomes current.

    Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.



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  • Texascitypaul
    02-23 06:15 PM
    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________


    Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

    Thank you for your time it is very much appreciated,

    Paul





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  • garfield
    10-07 03:38 PM
    Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?



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  • GcInLimbo
    11-17 11:38 AM
    Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[

    The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.

    I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.

    Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
    I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.

    I tried to attach the attachment but its failing.

    Thanks





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  • billbuff123
    07-29 11:43 AM
    As long as your marriage date is prior to your 485 approval date and the dates are current(means your priority date) you can apply for spouse 485.

    I am also in the same boat and I am waiting my priority date to be current.

    I got my 485 approved

    Thanks,
    Bill



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  • Desi Unlucky
    07-27 07:22 AM
    I was not greatly familiar with the I 140 process and since long i was thinking of posting a question on the forum. Yesterday i saw this thread and tried searching if there are any answers to my Questions.

    It was spot on. with in 15 minutes, thanks to the search engine i now know

    1. What SRC in front of the reciept no
    2. Which centers process I 140
    3. What are the processing times

    My suggestion to IV would be to have this search URL on the home page.





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  • green_card_curious
    03-08 10:17 AM
    This is EXACTLY the confusion. My case is explained below:

    1. I am on H1-B - havent used my EAD yet
    2. My wife has and is currently using her EAD though
    3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.

    So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...

    Ideas? Suggestions? Examples?

    Thanks,



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  • jscris
    July 15th, 2004, 03:27 PM
    Those are wonderful, Anders! They should make up for quite a few days without great shots. :)

    And thanks, QJ. I wish I could figure out how to make money at this. ;)

    Janet





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  • vvr
    12-18 08:57 PM
    Pls. send your feedback to letters@mercurynews.com.

    I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.



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  • rb_248
    03-31 03:19 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congrats. Don't lose it. Enjoy your freedom.





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  • gchopefull
    10-02 02:54 PM
    yes it was approved labour and not a subsitution.



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  • cox
    April 4th, 2005, 10:07 PM
    Thanks for the suggestions guys, I'll try 'em out. :)





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  • sujitp@gmail.com
    10-05 03:44 PM
    Please delete this post





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  • pd_recapturing
    02-27 08:47 AM
    180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.





    raysaikat
    01-23 12:13 AM
    Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?

    Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.

    Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!





    amitga
    12-06 04:41 PM
    I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.

    In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.

    Please let me know your view.