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  • kartikiran
    12-03 02:40 PM
    Here is what I am going through.
    On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.

    I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.

    Please take this as a lesson and have the AP applied ASAP.


    I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.

    I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.

    Take Care.





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  • vjkypally
    06-02 01:14 PM
    It was just for me, primary applicant. They asked for my status from 1999 to 2004 including my I-20, 797's etc and also I-94 and EVLDid u receive rfe for both applications are just the prime application (assuming you).





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  • raydhan
    01-31 11:17 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.

    bkam,
    Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".

    If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.

    Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
    Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.

    Think for about 5 minutes before you state certain things and type them here.

    Good luck.





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  • calaway42
    10-04 12:26 AM
    another quick question!

    "Now create a new layer and fill the selection in with white."

    Am i suppose to fill it in with the paint bucket?



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  • katrina
    05-31 01:05 PM
    You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.


    Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
    in unfamiliar place but I guess the immigration officer don't think like that.





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  • logiclife
    02-12 06:28 PM
    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).


    Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.


    So if i switch now, I will

    1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
    2. I get a very good attorney to file my GC
    3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)


    If I don't switch, my odds are that

    1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
    2. Can't talk to the attorney directly


    So IS IT WORTH switching the employer for

    1. Gettting into EB2
    2. Getting a good attorney to file my LC
    3. Be able to talk to attorney directly


    Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?


    Thanks


    All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.



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  • whereismygclost
    06-17 05:42 PM
    Hi sk.aggarwal,
    How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?





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  • Sachin_Stock
    08-24 12:35 PM
    Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!

    I am Eb3 with PD Jan 2004 and I am totally in dark :(



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  • caond
    05-07 10:32 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    62.42(a)
    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    62.42(b)
    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    62.42(c)
    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.





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  • NolaIndian32
    08-31 01:54 PM
    At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744

    Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


    -Nola



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  • GCA
    09-15 01:05 PM
    hahah, interesting, funny but logical... I guess they just did not think through all this and why would they :mad:

    Had they able to think that far, may be many of the issues we face today wouldn't have cropped.





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  • solaris27
    10-16 01:11 PM
    i had LUD same day and one day after .



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  • johnamit
    08-02 01:01 PM
    I was wanted to know what is the best way to get something from India, please share if you had any experience.

    thanks





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  • gcformeornot
    07-26 03:43 PM
    I think there is no truth to this. Can anyone point to a link to verify?



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  • viva
    01-13 12:47 PM
    you are a selfish person. you do not care about the rest of the iv community.

    these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.





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  • saimrathi
    08-22 02:23 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19

    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.



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  • pncool01
    09-16 01:56 PM
    Feel free to celebrate as you please, but keep in mind the less fortunate - not the ones who are waiting for a GC in this country but those who are waiting for their next meal. Ask your wife to make donation somewhere in India or put some money to charity.

    For me, symbolic act is enough...I am going to keep it simple
    - drive to the border; walk over to mexico and walk back into the US

    You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)





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  • sbmallik
    07-02 11:28 AM
    Since this is not the first H-1 you have the option to stamp the visa in Canada / Mexico. However, these consulates cannot evaluate the educational credentials unless they are from that country or USA. Please carry educational evaluations with you. Moreover your valid AP will be a handy backup.





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  • m306m
    07-31 04:18 PM
    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.

    Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

    Maybe I am misunderstanding your question. If so please ignore the above.

    If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.





    sivakumar
    01-08 04:41 PM
    not true. You can be approved only if your PD is current.
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.





    sixburgh
    06-28 07:29 PM
    If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.

    However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.

    Ead and h1 employer are the same.
    What happens when I want to change my job by using ac21 later?



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