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  • mantric
    09-17 06:30 AM
    this is a song that will convey the human struggle aspect in a way americans may be able to relate to.

    the music is catchy - can get a recording and play it in the background.

    http://www.youtube.com/watch?v=ced8o50G9kg
    http://www.youtube.com/watch?v=6KUtFtD5ziw
    -----------

    Blowin in the wind (Bob Dylan).

    How many roads must a man walk down
    Before you call him a man?
    Yes, 'n' how many seas must a white dove sail
    Before she sleeps in the sand?
    Yes, 'n' how many times must the cannon balls fly
    Before they're forever banned?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.

    How many times must a man look up
    Before he can see the sky?
    Yes, 'n' how many ears must one man have
    Before he can hear people cry?
    Yes, 'n' how many deaths will it take till he knows
    That too many people have died?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.

    How many years can a mountain exist
    Before it's washed to the sea?
    Yes, 'n' how many years can some people exist
    Before they're allowed to be free?
    Yes, 'n' how many times can a man turn his head,
    Pretending he just doesn't see?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.




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  • anilsal
    07-18 01:00 AM
    Guys, if you are suggesting that we should start work on each of these pending issues, then
    a) either you start working on them by joining the IV Local State Chapters or
    b) contribute ****from your heart*** to IV to do the noble work.




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  • Googler
    07-18 10:13 PM
    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -

    Clockwork,

    The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
    I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.

    I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.




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  • morchu
    04-23 01:51 AM
    NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.

    But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.

    Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.

    The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.

    Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
    then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..



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  • addsf345
    01-01 02:11 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree

    Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

    My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.




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  • GreenMe
    12-03 01:13 PM
    Thanks for quick replies.

    The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.

    Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.

    Please continue to share your experiences.



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  • h14life
    06-19 03:33 PM
    Hi,

    I am posting this on my friend's behalf. Here's his situation:

    a) He's on H1
    b) Applied for 485 / 765 / 131 through his employer.
    c) Still on H1; EAD & AP approved.
    d) Priority date no longer current for 485
    e) He gets married.
    f) Wife comes to US on H-4.
    g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
    h) Another thing is, she is also interested in working but can't do that on H-4.

    Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

    Please let me know if it's possible to add the dependent regardless of PD being current or not.

    Thanks in advance.




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  • raviram1980
    01-15 10:58 AM
    Thanks a lot for your reply. Can I request the consulate here at New Delhi to give back my passport and I-797 which I submitted to them ?

    Regards,

    Ravi



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  • uslegals
    08-20 04:12 PM
    Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!




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  • Canadianindian
    07-22 05:33 PM
    You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

    Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.

    OR

    You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.


    Thanks for your response. I am in consulting, and we generally travel.
    One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.

    Did you come across such option.



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  • eb3retro
    10-22 10:46 PM
    I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.

    My details:

    PD= 03/2005
    I-140: Approved
    RD: June 26, 2007
    FP: Sept.8, 2007
    EAD: approved in 44 days



    dream on...




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  • qualified_trash
    12-12 03:00 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.
    I would do it!! If you are looking for people to help with sweat equity, send me a PM. No kidding!!



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  • meridiani.planum
    11-26 01:21 PM
    Perhaps I am missing something. I thought you could get an extension beyond six years only if:
    1. Your labor was pending for more than 360 days OR
    2. Your I-140 was approved

    I did not know that you could get an extension if:
    Your labor was approved and your I-140 was still pending.

    My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.

    you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.

    USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.




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  • waitingonlc
    02-13 03:50 PM
    Immigration plan looms in Congress
    By Michelle Mittelstadt
    The Dallas Morning News, February 12, 2006
    http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-immigdog_12nat.ART0.State.Edition1.3eb24c4.html

    Washington -- As mid-term congressional elections draw closer, the window for action in Congress on a complex � and controversial � immigration package grows ever smaller.

    Mindful of that, Senate Majority Leader Bill Frist has told Senate leaders that they must deliver a bill to the floor by March 27, an ambitious deadline for legislation that has yet to be written in committee.

    A bigger hurdle looms: Reconciling sure-to-be competing visions from the House and Senate.

    'Immigration is one of the most controversial issues in American society,' said Stephen Yale-Loehr, who teaches immigration law at Cornell University. 'We all like individual immigrants who live near us and work with us, but we don't like illegal immigration as a whole. And trying to put together a package that will accommodate everyone's interest is very tough, indeed.'

    The topic is fraught with economic, national security, social, diplomatic and political implications.

    Each year, hundreds of thousands of immigrants enter the U.S. illegally, swelling a population now estimated to exceed 11 million. The Southwest border is in crisis in places, overrun by illegal immigration and drug traffickers. There is also the threat that the porous border could serve as a gateway for terrorists. And the legal immigration system is beset by backlogs, problems and rules that vex employers and keep millions of people awaiting approval for green cards to join relatives already here.

    The test for Congress is what to emphasize: enforcement, immigration liberalization or some combination of the two?

    Choosing a direction

    The House took the first crack at the question, passing a stringent enforcement-only bill that would fence more than a third of the 1,952-mile Southwest border, increase fines for employers who hire illegal immigrants, and make it a crime (instead of a civil penalty) to be in the country illegally. The legislation was silent on President Bush's call for a guest worker program that would grant visas for up to six years to millions of undocumented workers.

    The debate now shifts to the Senate, which appears inclined to marry enhanced border security with a temporary worker program.

    But the Senate's solution, particularly if it includes a pathway to legal permanent residence, is sure to set up a collision with the House, where national security hawks have dominated the debate.

    'The big question becomes: Is it even possible for the two houses to reconcile their bills,' said Steven Camarota, research director for the Center for Immigration Studies, which favors reduced immigration. 'If it's not done by May, I can't see it getting done.'

    The divisions may be too pronounced for Congress to act this year, Mr. Yale-Loehr said.

    As the elections near, politicians will become increasingly skittish of taking up an issue that could anger Hispanic and conservative voters alike while also inflaming constituencies as diverse as big business and labor.

    In some ways, it's no surprise that politicians are lurching in radically different directions, with one faction pushing get-tough prescriptions such as ending automatic citizenship to those born here of illegal immigrant parents, while another camp presses to legalize illegal immigrants and permit a stream of newcomers.

    Public divided

    The public is deeply conflicted.

    Polls consistently show that Americans are troubled by illegal immigration and the federal government's failure to enforce the law. But those same polls also detect sympathy for illegal immigrants who work and pay taxes as they scrabble for a piece of the American dream.

    A new Time/SRBI poll offered one snapshot of the public's ambivalence. Though 63 percent of respondents described illegal immigration as a very serious or extremely serious problem and 57 percent endorsed taking 'whatever steps are necessary' to halt migrant crossings, 73 percent favored granting temporary work visas to illegal immigrants already here.

    So, how do policymakers thread the needle?

    'That's the $64 million question,' said Migration Policy Institute senior fellow Doris Meissner, who headed the Immigration and Naturalization Service during the Clinton administration.

    'We definitely have to do something, and sooner than later,' she said. 'But I think that it's really important that this issue and this debate develops and evolves, because if we were to go ahead and enact what's now been passed by the House, it would be a terrible disservice.'

    She, like others critical of the House's enforcement-only approach, contends that any immigration law rewrite must resolve the status of illegal immigrants and provide an outlet for future migrants drawn by jobs or the desire to be reunited with family.

    'Enforcement-only is not going to work,' said Angelo Amador, head of immigration policy for the U.S. Chamber of Commerce.

    The chamber is loosely allied with immigrant-rights groups, religious organizations, labor unions and others who have rallied around a plan by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., that tandems some tougher enforcement with a guest worker plan that would provide a path to legal permanent residence.

    But supporters of the House approach say enforcement must be dealt with first, both at the border and within the country, and by implementing a mandatory employer verification system to check the legal status of would-be hires.

    'A guest worker program would be an absolute disaster with our current enforcement because, of course, it wouldn't be a guest worker program if we can't make them go home,' said Rosemary Jenks, director of government relations for Numbers USA, a group seeking reduced immigration.

    Pollster Sergio Bendixen said that the policy debate has been skewed by the 'echo chamber' of radio talk shows and cable TV programs that fixate on immigration's negatives rather than looking at the whole picture.

    'It has become an emotional issue with emotional buzzwords, and there's very little rationality in the debate,' Mr. Bendixen said. 'Unfortunately, we are close to making it impossible on people who have to get elected' to deal with the issue.



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  • conchshell
    07-09 11:19 PM
    Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.

    We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.

    Please find the web site and contact emails for both the hospitals:

    1. Walter Reed Army Medical Center
    http://www.wramc.amedd.army.mil/
    On the botton right corner, there is a link: Email the Hospital

    2. Bethesda Naval Hospital.
    http://www.bethesda.med.navy.mil/
    Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2




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  • vban2007
    06-07 03:16 PM
    I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.

    Should I send the EAD renewal to NSC or CSC??

    Please let me know.

    PLS LOOK AT THIS...

    I M IN TH SAME BOAT CONFUSED...

    http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf



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  • waitingnwaiting
    05-20 01:32 PM
    "We are beneficiaries of an EB3 petition"

    Isn't that the biggest issue with several of us! :)

    Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date

    Has anyone benefitted from filing in EB3?

    Victims of EB3 petition is correct.




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  • RNGC
    07-05 12:17 PM
    Guys,
    I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .

    When ?

    First Saturday of November ? This way we do not disturb people's summer time vacations.

    How does this help ?

    First, it will help to meet State members face to face.

    We can invite distinguished people to our meeting to give a speech, so we get press coverage.

    We can decide our next steps.

    Basically we can do a lot.

    We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.

    Every one please share your thoughts as what we can do in this annual meet.




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  • Green.Tech
    08-03 05:11 PM
    AFAIK, one can amend the EB-3 485 petition and inform USCIS to use the new EB-2 labor and 140 for the same 485 application from before. I don't think that a new 485 needs to be filed in this case. I may be wrong though.

    Anyone has any legal insights into this?




    raydon
    09-30 01:55 AM
    The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?

    I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.




    billu
    08-23 08:47 PM
    H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:

    she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)

    she can earn on-campus (20hrs/week) and can have a SSN

    after graduation, she will get OPT which will allow her to work immediately after graduation

    Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)

    you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)

    Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!



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