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Friday, June 24, 2011

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  • drak70
    01-03 07:31 PM
    http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#Ineligibilities

    (A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
    A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D





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  • makemygc
    07-06 06:28 PM
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
    So far there is nothing broadcasted which seemed to be breaking news.





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  • diptam
    08-01 10:34 AM
    I know we are just narrowly thinking about 485 for the retrogressed battered world but they are taking big picture :)

    whatever it is - we have to wait with patience for atleast another month


    The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....





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  • ssnd03
    02-18 09:13 AM
    thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.

    Thanks everybody we need your support to come out of this situation.

    :rolleyes:

    Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.

    Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.



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  • Powersa
    07-07 06:42 PM
    Good news story, kudos.

    To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.





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  • morchu
    11-04 05:03 AM
    It is EB3row who deserve a good grudge with EB2India/China, regarding spill-over changes.

    Changing to vertical spillover will NOT help EB3 India or China.



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  • snathan
    07-06 11:10 AM
    ^^^^^^^^^^^^^





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  • LostInGCProcess
    10-29 09:40 AM
    So much for so called "highly skilled". Young guys out there, in their 20s....think twice about making America your permanent home. Right now, it is very discouraging.

    It is sad. When you call USCIS to get some information, its almost like we are hitting against an Iron wall. They dont give out any information except read from a standard text. They could as well have some automated machine to read those out.

    I just want to know if there is an official explanation for the delay in EAD renewal from USCIS. Wonder why it takes that long when they already have all our 'janamkundli' with them.



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  • x1050us
    07-19 09:51 AM
    My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?





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  • pd_recapturing
    08-13 10:03 PM
    Suppose we know the current job code attached to LC and we have job duties of the new job. How do we know the job code of this new job ? Can anybody throw some light ?



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  • Georgie Henley in Beatrix Ong



  • Berkeleybee
    04-10 06:55 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.

    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





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  • hopefull
    07-06 04:52 PM
    I wonder where you work and which country you live :confused:

    If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee



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  • Georgie Henley and Philosophy



  • Canadian_Dream
    08-20 04:21 PM
    When did this happen ? Employers can't do any substitution after July 16 nor can they barter or get paid for it anyway.
    Try the following:
    1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
    2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
    3. Keep back-ups of all documents in this regard.


    This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.

    I guess this link is for H1 violation.

    I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.





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  • gcdreamer05
    01-05 11:14 AM
    Folks,

    I agree 100% with the previous post person.

    I myself am a PMP. It is very easy to do one, you need to have the right project mgmt experience (PMI may audit it) and you need to prepare for few months and you can clear it easily.

    But the question is, more than the exam it is the practical experience, sometimes this job can be so frustrating and you feel like a sandwich being hit on both sides.

    If you already have a PM experience and you dont have the certification, definetly go for it, it is worth the spending.

    Again remember it expires in 3 yrs , you got to keep renewing your PDUs to stay current... its not like MCSD or MCAD which is for life long...



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  • ilovestirfries
    06-27 03:30 PM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??

    When I think, you guys have reached the bottom of madness, you keep digging deeper...As such there is enough madness with INS in allowing every tom, dick and harry who filed in 2007 to be on par with those poor souls who have been waiting since 2002/2003/2004...And add to that fact that, you already got approved...And you want those poor souls who waited long enough, to wait for those lucky 2007 filers...Can your suggestion get any madder? :eek:





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  • insbaby
    10-21 09:43 PM
    Hi All,

    Looks like there are interpretation issues for few IV members (I'm not against to any member or isolating any one).

    However, I have noticed interpretation issues in understanding a thread / posting for few members (based on their reaction).

    The way RED dots are given really pinches to the posting owner.

    My GC has been approved and I have not married yet. So I have posted my issue on thread and seeking helping from fellow IV members. I have received nice responses. I also have noticed the following comments on my control panel.

    Looks like, some members have serious interpretation issues. They all gave me RED DOTS.

    I really don't understand, why some one behaves like this when some one else has a real problem


    1. Not married yet. GC... 08-07-2008 07:05 PM GC and still complaining! great!
    2. Not married yet. GC... 09-24-2008 11:13 AM parying god won't help
    3. Not married yet. GC... 09-27-2008 09:43 PM backdating ur marriage date is illegal.


    Not only to this thread, I have been noticing since a year, few members comments are terrible. Those kinds of comments would not help and Demoralize fellow IV members.

    Some of them reacts and attacks the original thread poster. The answer posted would not even related to what original poster has asked for?. Don't know what people understand and what they post.

    May be, we have to do some thing in this cases.

    Ps: This is con traversal topic, See how others react based on their interpretation .

    You can't fix everything. Be ready for both.

    Here are some ways to handle this:

    1. Take it easy (Long term solution)
    2. Don't click on the "UserCP" link (Short term)
    3. Take a break from IV for few weeks (Short term)
    4. Open few threads and give reds left and right for 5 people (Immediate relief)



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  • absaarkhan
    02-13 11:33 AM
    My Attorney Says You will get 3 Year H1B Extension

    Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
    will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.

    I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
    H1B Extension.

    Shana Can you Please confirm with your Attorney again.

    All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.





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  • hopefullegalimmigrant
    07-25 03:29 PM
    What not in hand may be (or always be) in head. What in head certainly may not be in hand
    :o

    So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective





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  • Bpositive
    05-09 11:24 PM
    Now that you have green cards, you may have considered/thought about reentry permits.

    Can you get multiple reentry permits i.e one 2 permit followed by a second 1 or 2 year permit?





    nixstor
    01-11 12:40 AM
    I am not sure what your health insurance situation with your employer is. Here is some thing I know. Please research and see whether this helps.

    Under HIPPA regulations, insurance companies cannot decline pregnancy as pre existing condition if you and your spouse are covered by group coverage. Generally, group coverage is the coverage you get from your employer. If you currently do not have health insurance through your employer, try to sneak into the plan now as most employers will have open enrollment period during Jan/Feb of each year. If you try to buy individual coverage from a HMO/PPO, those insurance companies can mercilessly decline maternity coverage.

    If you get into group coverage, no matter what trimester your wife is in, insurance companies WILL have to cover the maternity as per the plan choose.

    Please investigate and let us know what you find.





    manand24
    08-10 10:57 AM
    not in same boat as you and me buddy. They are in a boat ahead of you....

    Good point.



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