Thursday, June 9, 2011

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  • gcdreamer05
    04-17 01:17 PM
    Yes, absolutely.

    Hi Attorney Aruben,

    Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

    This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

    If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

    We really appreciate your time and effort for replying to our questions on this forum.


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  • geevikram
    04-30 09:44 AM
    this is how cir will end..... with a procedural vote -
    Financial regulation plan fails first Senate test - U.S. business- (

    bet $100?

    What does that mean?

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  • shana04
    02-01 10:44 AM
    Thanks for each on every one of you!

    some gave me red, its ok.

    I had a problem which I though of sharing, may be some one could provide some insight.

    It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.

    But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.

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  • ss_79
    05-10 04:18 PM
    I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking request some reasonable media personnel to discuss and take up as a would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.


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  • GCNirvana007
    06-07 04:32 PM
    Since i applied my I-485, havent seen a LUD but i did first time June 3rd 2009. One of my friend with same PD got LUD in April. I am from TSC. Any thoughts?.

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  • tapukakababa
    05-24 01:45 PM
    Why can't every Indian residing in US come together and make a pledge to not work even for one day throughout the US. Then they will know how much they need us and how big impact they will have on their economy.

    We just talk and do nothing. Everyone cares about himself. Nobody has made ever an effort to stand united as an Indian community and show this country that without us they can't even step outside of their houses.

    Do something drastic instead of just talking big words. And people on higher position should initiate this and if they can't tell us that they can't handle it all.


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  • tbass
    04-16 12:54 PM
    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.

    Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
    Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.

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  • pamposh
    09-15 03:42 PM
    Just doesnt make sense at all.
    Even EB1 is way behind EB2.
    Maybe they are being sadist and trying to divide n rule.

    I don't think they are going to have any success in that. They have been building our stamina for this kind of stuff for a long time now.. and as sad as it gets but the fact is it just made me laugh so hard....coz this is just plain "impossible" and can not be true... they can't get this efficient, it is against their policy :eek:


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  • stock photo : Mother#39;s Hand

  • srsrsr
    07-20 10:23 AM
    Im also in same situation. My PD is Nov 2004(EB3) and I-140 approved.
    I'm unmarried(might take 6 months to one year to get married) What if my 485
    gets approved before marriage? what are the risks in applying now and later?
    Please help.

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  • like_watching_paint_dry
    01-13 08:33 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation

    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.


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  • anilsal
    01-13 10:47 AM
    an infopass. The CIS official has a lot of information as to what is happening with the file. They can tell if someone is working on the file.

    If infopass does not work, go via senator and ombudsman.

    Best of luck!!

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  • Sakthisagar
    04-22 03:45 PM
    Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.

    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda ( D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)


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  • tiger05
    03-01 05:13 PM

    I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.

    RFE is

    All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.

    I came to US on 2006 feb, the attorney is submitting my W2s on monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.

    As my 2006 W2 is not good , does it effect my H1B transfer.

    Please let me know your thoughts.


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  • currentlydependent
    03-17 02:40 PM
    Although it might seem very appealing to put in multiple applications to increase the chance of obtaining a visa, one would actually be aggravating the situation than alleviating it. So the thought process should be how can one prevent the lottery situation from arising.. applying for a single visa on a requirement basis should suffice. That said it is unfortunate that the current situation and cap forces us to think of ways to resort to finding loop holes and take un-required actions. In an ideal world they should increase the cap. But whatever cap we have now, does not give us the right to jeopardize others chances of getting a visa. We should work this out together. Lets not clog the system.
    Imagine hearing from somebody that they have a visa they never used when you don't have one, don't be that somebody.
    I am currently on a dependent visa and have to go through the H-1 process. I have a masters and have every intention to stick to that quota and apply only one.


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  • morchu
    06-01 04:44 PM
    If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

    USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

    At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

    Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.

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  • lazycis
    12-05 04:25 PM
    Correct. PR does not have an expiration date. Even though GC itself has a validity period, failure to renew it does not have effect on your PR.


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  • redelite
    08-26 10:07 AM
    I want a smug smiley.

    Also, the 'mad' one, :m: looks more like a steaming bun than an angry face ; )

    I made this one the other day and put it up..

    Not sure if that's quite what your looking for... but he's pretty angry :P

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  • stock photo : Black and White

  • dealsnet
    04-14 09:25 AM
    It is very clear. Child can charge to either parents chargeability. Parents cannot charge to child's country of birth.
    Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.

    it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.

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    02-23 01:51 PM
    I have sent an email to the Embassy today, enquiring about the status of my application and finally, for the very first time, received a response saying it will be checked into. I hope to hear that they have already mailed it out.

    Nice to hear that Jagan. Persistence pays, doesn't it. :-)

    06-28 10:55 PM
    I will look at the I-485 application on Saturday and will send all my applications to the center listed for EB applications. As of now it is NSC.

    03-25 03:02 PM
    Congratulations on your freedom.


    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.

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