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  • transpass
    08-07 11:46 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..

    dude,

    you have to disclose whether you are single or married. If you wanna do it go ahead, but don't give some bad advice to others...it's not your life...





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  • akkakarla
    10-09 07:53 PM
    My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?

    Can some on advise me !

    I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.





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  • krishnam70
    07-10 06:02 PM
    Lou Dobbs is playing to the galleries. The galleries are filled with people like him who are waiting for the sound bytes. The frenzy will keep increasing until it reaches crescendo like the NAZI campaigns. So we need to direct part of our media campaign towards stopping these lies. The only way we will get out coverage is to go out against the big ones and make the noise. We need to get all the ravings of Lou against the legal immigrants every sound byte , every word he uttered against legal tax paying wannabe immigrants( no nationality restrictions). If all of us unite and make a move against him it will make CNN see reason or Lou to talk facts and not the fiction he talks about us.





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  • jax999
    01-29 05:31 PM
    Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

    where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?

    My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

    So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

    please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?



    While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

    Please reply soon . I really appriciate you . Thank You.



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  • NIW
    02-12 09:36 PM
    Hey guys!
    I just opened this thread casually and found so many helpful messages to a single problem. I am so glad to know that there are so many good people around to help their fellow beings. I sincerely appreciate each and everyone who took time to help in someway.

    We often complain for petty things, I guess we should equally encourage the good deeds of other people.

    Keep up the good work.

    An alien with work permit
    (I still cann't get the alien word, I always thought we are all humans)





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  • hebron
    08-20 10:20 PM
    Hello Friends,

    As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]

    At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

    I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.

    I really want to do that. I am not sure where to start.

    1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

    2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

    3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

    Gurus...any help or advise or information is really appreciated.

    Thanks,

    I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.



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  • swamy
    04-01 10:47 PM
    Ramba and others
    Thanks for all your responses, It is clearly the attorneys fault.
    - I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
    - I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
    The error is with the Attorney and it is one of the big immigration firms.

    What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys

    Please help.

    oh boy - pls tell me its not fragomen!





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  • saimrathi
    07-06 02:20 PM
    http://video.msn.com/v/us/fv/msnbc/fv.htm??f=00&t=s51&p=hotvideo_m_edpicks&g=7853b68e-39c1-4da2-a3ce-91f2915adc79

    Brian Williams is off tonight



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  • sandy_anand
    07-14 10:15 AM
    Congratulations Dinesh! Your story is an inspiration to the rest of us!





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  • eb_retrogession
    04-01 07:03 PM
    Faxes sent.

    Thanks everyone for your hardwork.



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  • Kitiara
    02-07 09:36 AM
    It's one up in Gloucestershire... I used to visit it a lot when I went on holiday with my parents when I was young. Can't remember the name of it though.

    Was always mad about castles. Loved the whole medieval thing.





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  • krishna_brc
    06-24 04:19 PM
    Date


    To,
    The Immigration Officer,
    USCIS,
    (processing center address)


    Re: Application for Travel Document.


    Dear Sir/Madam,

    This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.

    I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.

    Attached are the supporting documents. Please feel free to contact me if you need any additional information.

    Documents Attached:
    I-765 Receipt Notice
    Passport copy
    I-94 copy
    I-485 - Receipt Notice
    Previous Travel Document copy
    Drivers License copy


    Thanks,

    Name
    Address
    Phone
    Email
    I- 485 Receipt Number XXXXXXXXXXX



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  • amsgc
    05-15 12:40 PM
    NH123:
    1. Go to the home page
    2. Click on the Forums tab in the menu on the left
    3. Select the appropriate Section (Non Immigrant visas in your case)
    4. Now click at the forum tools (top right corner). You will see an option to post a new thread in the drop down menu.


    ...
    I am asking this question in this thread as i dont know how to start new thread.
    ....





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  • HarshJ
    10-02 01:31 PM
    No FP notices. Spoke with the lawyer today morning and he mentioned that as the FPs are elgible for 15 months, they issue the FP when they "think" that they shall be able to finish the case in that 15 month time period.

    My EADs say FP not available, but I believe that it is not a big concern.

    Now that my EB3 PD is Sept 2001, I am hoping to get the FPs sooner rather than later.

    As for I-485 Reciept Notice's receipt date, will check with lawyer again and update you folks on that.



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  • El_Guapo
    04-13 06:28 PM
    While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........

    1. Annual budget of a typical State Univ is upwards of $1Bn.
    2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)

    So, what the message that would go out in media would actually read like is the following:

    "100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"

    To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........

    All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.


    Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.

    Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.

    Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.





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  • guyfromsg
    07-16 11:05 PM
    expecting only to get EAD/AP near term and prepared to wait few years. I have PD of 2005 and don't mind waitin if I get EAD/AP benefits for myself and spouse.



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  • nc_sekar_415
    01-27 04:08 PM
    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."





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  • yagw
    08-20 02:26 PM
    Expedite request approved yesterday. Hopeful.....

    how did you expedite?





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  • willwin
    02-20 01:33 PM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

    Ramba, I agree with you for the most part.

    Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.

    Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.

    So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!

    Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).

    Your post was highly diplomatic than most of your queue-mates. Appreciate that.





    desidude
    06-19 10:49 AM
    Even I e-filed my AP 2 days ago (this is my first time not renewal thou). I wanted to know if I need to send 2 photographs and explanation on separate piece of paper.

    Well, I also did a small mistake on the appl. I misplaced my first name and last name, I don't think this would be a problem thou...

    Can somebody help me with this?


    There is a question on part 7 of AP efiling. I guess, same question is also there in paper form as well. Could somebody please explain as to what to do about this. Here is the question:-

    On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)

    Do we really need to send this ? I do not remember that I did send it last time. Thanks





    logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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