Thursday, June 9, 2011

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  • walking_dude
    12-05 12:02 PM
    True, it covers only Citizenship (naturalization) applicants. However, it's worthwhile to explore if this lawsuit can be extended to cover GC applicants or ACLU is willing to file another for GC applicants too . It may provide a chance to those on IV still stuck in Namechecks.

    Class-actions may be slow, but they provide benefits to all future GC applicants (if successful) unlike WOM cases which benefit only the applicant.

    ACLU Press release - http://www.aclu.org/immigrants/gen/32422prs20071029.html

    ACLU Immigrants rights project E-mail - immrights@aclu.org





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  • Tshelar
    09-09 07:56 AM
    I am not sure if any reputed lawyer is going to be able help. The fact that you agreed that you worked in a gas station when you were not suppose to causes a problem for a lawyer make a case. I am hoping one of the lawyers on this forum would be able to guide you on this.

    Good luck





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  • raju123
    12-26 11:37 AM
    Good question. SKIL bill will not only help person of person from advance degree in the USA. It has lot of other provisions, which can substaintially reduce a deadly retrogression like, Depondents are not going to count in numeric cap, Master and higher degree from USA will not count in cap (Many master degree holders are in EB3), There are lot of provisions. You can study SKIL bill and realize how good it is.


    Pappu - thanks for the quick reply.

    The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.

    Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.

    Thanks again for your help.
    IB





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  • viveksri
    02-28 12:08 PM
    Thanks Guys,

    I really appreciate all your input.

    VS



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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.





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  • gc_on_demand
    06-02 07:04 PM
    This message has been corrected.

    Shouldnt the title include petitions filed by one particular law firm:
    'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
    (its a little misleading & intimidating to know 'ALL' applications)



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  • Dhundhun
    08-13 01:30 PM
    ~~ bump ~~
    (IVans, got four REDs for this thread)





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  • shivarajan
    03-17 08:00 PM
    EAD etc. are only supplementing documentation which the underwriting agency may or may not look. The real thingy is ur cashdown, credit score (time of accounts in good standing) & W2's. We went with ING with absolutely no problems whatsoever (yes the market was not good at that time) and got a better interest rate with no questions asked (ead, gc etc.), we both ver in h1's when v applied!



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  • hasil
    09-28 05:54 PM
    From my experience, Crows are black everywhere. Unless you join non-desi company. it is hard to find desi company who keeps everything in black n white.

    Best bet is to try to workout something with you present company.





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  • mayurcreation
    01-13 01:37 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?



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  • number30
    10-31 12:09 AM
    Can Some one on EAD claim Earned Income credit?





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  • acecupid
    07-12 02:18 PM
    Guys, Arnie may just decide to terminate us.:D I think we was completely against immigrants (mexicans) and received a lot of flak for his statements against the hispanic community. He had to take back his statements to please the community. Some commedians made fun of this statements saying "I'm in, now close the door" (referring to the wall on the border)

    fyi.. arnie is a austrian immigrant.



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  • powerman
    08-14 02:13 PM
    I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks





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  • saravanaraj.sathya
    10-30 07:02 PM
    I had my FP on 11/03 in NJ location but I moved to New York. So I went to a NY ASC today 4 days prior to my original notice. When myself and my wife went there, we got earful from FP lady there for coming in different location and that too in advance. She told us that we should not just walk-in like that in any day. But she still managed to talk our FP. It was a big relief!

    She also told me that Wed is the amnesty day. If someone has missed out then, they can give it on any Wednesday.



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  • anuh1
    04-05 01:33 PM
    Thanks for the info. I also got mine PWD today. Just now attorney confirmed that.





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  • isthereawayout
    02-22 12:42 PM
    Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

    My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..



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  • gc_maine2
    05-25 09:45 AM
    Sent just now.





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  • mytv
    08-17 11:59 AM
    See as my H4 was getting over on Aug 1st and i was turning 21 .AS you all know once we complete 21 yrs we are no more dependent .so i applied my f1 in april and it got approved in aug. My dad got his 1-140 approved 7 months ago and he applied our all's i-485 on july 2nd 2007. so i just wanna know is there any problem ?will i get my green card??
    plz help me
    lawyers saw it is not a problem .But all know how lawyers are...





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  • shukla77
    01-19 09:01 AM
    Filing Date: October 25 '06
    Status Pending
    --------------------------
    Efficiency of NSC is real shame. I heard sometime back that NSC has huge backlog compared to TSC. That is why TSC cases are getting approved in 1-2months and at NSC average time is 5-6 months. I guess they are forcing people to convert to PP.

    Good Luck to all.





    Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.





    Green.Tech
    10-23 05:11 PM
    Nothing wrong with that. USCIS likes to work randomnly so no big deal.



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