Saturday, June 11, 2011

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  • panky72
    06-20 02:28 PM
    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks

    You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
    http://www.murthy.com/news/n_firule.html





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  • Karthikthiru
    06-15 01:47 PM
    Tell the previously employer EXPLICITY that it is only a employment verification letter NOT A REFERENCE letter. Because by default lot of them assume it is a reference letter. Aslo by law they have to provide the experience letter


    Thanks

    Karthik





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  • gc_kaavaali
    06-05 05:38 PM
    Is it DHL courier service?

    I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says

    Status: Notice Left

    We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    The address where i sent is
    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    Any clue what may be going on - this is another round of fun :confused:





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  • Riakapoor
    09-16 05:20 PM
    here is an article from murthy about unemployment benefits:

    MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)

    Thank you!



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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?





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  • bheemi
    02-20 11:20 AM
    Hi,
    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .

    Thanks



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  • amoljak
    10-16 02:03 PM
    Kambi:

    Based on current stats,

    LC - It will take about 4 months from the date you initiate your case with your lawyer
    140- Eb2 or eb 3 will take from 4 weeks to 4 months
    485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

    However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!

    In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.

    If your job falls under EB3 you are screwed no matter where you come from.
    But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.





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  • deba
    07-18 12:42 PM
    You are deemed to have lost Canadian PR if you have not fulfilled the 2 out of 5 years residency requirement. The issue may not affect you immediately, but will come up in case you decide to renew your PR card after 5 years. You will be asked to detail your Canadian residency for the past 5 years in your application. Note that this is only a requirement for the plastic card, not the landing paper: which is the proof of granting of PR. The plastic card is required for any travel back to Canada except for road travel from the US. Once your 5 year validity for the PR card has expired, it is upto the border official on the Canadian side to decide whether to let you in without a valid PR card. However, with a US GC you do not need any visa/permit to visit Canada and can safely let your residency requirement lapse automatically if you have not met the 2/5 Canadian residency requirement.



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  • ntpatil
    04-26 04:18 PM
    Hello All,

    Sorry for the post outside immigration boundaries.

    My wife with 2 toddler kids will be traveling to India via Lufthansa.

    I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

    I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

    I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

    Thanks in advance for all your help.





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  • mali03
    05-26 11:42 AM
    Thanks Immigration Voice Team for all ur hardwork and dedication. You guys rock, man. Appreciate QGA for working with us and hope they keep up the same spirit till this bill passes into law ;)



    Thanks to IV core members, QGA, senators and their staff.
    Kudos to Immigration Voice!



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  • anilsal
    08-06 01:05 AM
    Looking at , it appears that the FP happens around 45-60days after 485RD. I am not sure if I am right.





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  • ags123
    07-26 06:23 PM
    Per Lawyers response both AOS and CP are possible. When I mentioned 180 days the lawyer mentioned it is 2 yrs not 180 days for follow to join.
    As long as marriage is before 485 it can be applied.

    My question is where to file and I am going to go with Nebraska for now as I cant conclusively get any official source which says chicago lock box.

    A



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  • IVFOREVER
    03-27 03:49 PM
    I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
    :D:D:D





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  • WaitingForMyGC
    06-25 09:19 AM
    My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?



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  • paskal
    09-10 11:58 AM
    From Siskind's blog on ILW
    http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html

    MORE DETAILS ON SEPTEMBER 18TH RALLY
    Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.

    Immigration Voice has released the following advisory for those attending:

    Travel Advisory for the Sept 18th Rally/Parade



    Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.


    Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.



    Arrival Advisory

    For people arriving at the Washington Monument via WMATA Metro Rail/Bus

    There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.


    (1) Smithsonian Metro Station (closest by walk)

    (2) Federal Triangle Metro Station


    Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.


    Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.

    Walking Directions from Smithsonian Metro



    (1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.

    (2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).

    (3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.



    Walking Directions from Federal Triangle Metro



    (1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.

    (2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)

    (3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds



    For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th

    From Regan National Airport (DCA)



    Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.

    (1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.

    (2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.



    From Washing Dulles International Airport (IAD)



    (1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.

    (2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.

    (3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above



    From Baltimore Washington International Airport (BWI)



    (1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.

    (2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.

    (3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro

    (4) Follow walking directions from Smithsonian as listed above.







    For people arriving on buses (ONLY IV Charter Buses) points south and west



    Points South



    (1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)

    (2)Route 1 becomes 14th St SW.

    (3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.

    (4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points West



    (1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.

    (2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.

    (3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.



    Points North and East



    (1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles

    (2) Make a left on to I-395 S and go approx 2 miles

    (3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile

    (4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium



    Departure Advisory


    For people departing via WMATA Metro Rail/Bus



    There are two Metro stations close to the US Capitol West lawn



    (1) Union Station Metro on the Red line. (closer to west lawn by walk)

    (2) Capitol South Metro on the Orange & Blue line.



    Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.



    Walking Directions to Union Station Metro Station



    (1) Head North on 1st St NW towards Constitution ave approx 0.1 mile

    (2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles

    (3) Cross the Columbus Circle to arrive at Union Station Metro.







    Walking Directions to Capitol South Metro Station



    (1) Head South on 1st st NW towards Independence ave, approx 0.1 mile

    (2) Make Left turn on Independence avenue and walk East approx 0.2 miles

    (3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE

    (4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.



    For People departing via IV Charter Buses


    There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)



    (1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above

    (2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.

    (3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station

    (4) Board the bus and your Bus lead/Driver will get you to your destination



    Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.





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  • kisana
    04-11 07:55 AM
    I have couple of questions

    1. There is question "Have you ever applied for Online Authorization form USCIS". My answer to that is yes. But in the "Date of application" what should I write. It should be the date on which EAD was issues from EAD card, or date which apparead in receipt notice.

    2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.

    Please suggest.



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  • backtoschool
    01-08 04:36 PM
    [QUOTE=mharik]Hi ,

    Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????


    ANYONE????





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  • abhijitp
    06-21 02:48 PM
    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.

    BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.

    I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)

    But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.

    When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.

    Comments/suggestions welcome.

    Thanks!
    Abhijit





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  • Prashanthi
    06-29 01:28 PM
    I have questions on the facts of your case, you say that a recruiter signed a contract on your behalf?, how is that possible?, the contract would then be between the recruiter and your employer, unless you signed a separate contract with the recruiter agreeing to certain terms and conditions, also it is not clear if your recruiter is in the US or in Phillipines, many other aspects are not very clear. Therefore i gave you a general response as to what happens in these situations, if you need a more specific response to your questions, i suggest that you consult an attorney over the phone or in person, it would make more sense to look at the contract in question and then give you advice on your problem.





    GCwaitforever
    05-24 09:38 AM
    By the way, the article refers to Immigrant Voice instead of Immigration Voice. I can not find e-mail address of the author. Please get in touch with the author if you can, to have this corrected.





    felix31
    02-12 05:41 PM
    both H1 and H4 extension are filed together regularly.

    However, the need now arises to upgrade both to premium processing.

    Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

    But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

    Anyway, thanks for all replies. I'll keep digging....



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