Wednesday, June 15, 2011

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  • h1vegas
    10-07 07:37 PM
    Keep a copy of your paystub at your work place
    PS: Official comes from DHS to your office not your home

    Moreover how hard it is to keep a copy of your paystub at your desk




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  • factoryman
    02-08 05:31 PM
    till Sept 2007. This is as read on another board.




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  • CreatedToday
    03-29 04:09 PM
    Which airport in Bangalore you landed?

    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question




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  • va_dude
    03-22 08:37 AM
    I did travel back in Dec-Jan to India and back, and just like you we used the AP to re-enter.

    I also am working using my EAD and not H1b. And have switched employers using AC-21. I did send in papers to uscis regarding my Ac-21, but none of that really came into play at the washington dc airport.

    We weren't asked anything related to our employment - no letters, pay-stubs, etc. All they looked at was the AP and that's it.

    I think it is safe to travel for you too. The fact that you have switched employers is completely legal. It might be wise to take the AC-21 memo and old and new pay stubs along with you.



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  • GCPagla
    03-15 10:16 PM
    hi,
    Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?

    I would appreciate if anyone who invoked Ac21 can help




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  • cdeneo
    04-02 10:31 PM
    The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.

    The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.

    My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.


    It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

    My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.



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  • TO BE OR NO TO BE
    02-03 04:29 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
    Hi Ryan,

    Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

    Appreciate your help!

    Thank you




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  • ganguteli
    04-08 06:21 PM
    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.

    As if your ID has any value?

    Who cares about annonymous IDs anyways. :D:D:D

    I am happy you did not get any reply. You thought you are some Senator or VIP...
    Go show off your ego to your CEO and lawyer. You will get the treatment that will put you on ground level.



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  • mani_r1
    12-12 04:50 PM
    I have my H1B till 2010. Say on my way back from India I used AP. The AP is valid till Nov 2008. What will be my new I94 expiry date? Am I reading it correctly that if I present my H1B to the POE he stamps the I94 with 2010 Expiry date. If I don't show him my H1B then he stamps the I94 with Nov 2008 expiry date.

    1. If the officer stamps my I94 with Nov 2008 expiry date, how can we get it extended after entering US.
    2. Is it by filing another H1B extension?
    3.If I don't want to file H1B extention what is the other option to get the I94 extended beyond Nov 2008.

    Thanks




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  • bach007
    11-27 01:41 AM
    hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.

    Anyway, just finished sorting up all the docs. Good luck to you too. :)

    Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.

    This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..

    I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:

    I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.

    Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
    I am looking at ~ Rs 2,000 for 7 hours..

    Any help is appreciated..:)



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  • Jaime
    09-11 05:21 PM
    You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!

    Don't let the Reverse Brain Drain suck you in!!!!




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  • glus
    08-21 09:32 AM
    I am happy for you. Good luck!!

    G



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  • Aah_GC
    06-02 01:46 PM
    I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?




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  • gcformeornot
    04-07 01:48 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.

    it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...

    "applicant failed to establish that the substituted alien improperly adjusted status"



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  • pappu
    03-17 03:55 PM
    http://www.dhs.gov/xabout/structure/gc_1294871282792.shtm

    Teleconference Recap: FOIA: How Is It Working For You?

    On December 6, 2010, the Ombudsman's Office hosted a public teleconference on "FOIA: How Is It Working for You?" where the Ombudsman's Office interviewed Terry Sloan, Acting Center Director, National Records Center and Jill Eggleston, the Assistant Center Director ofFreedom of Information Act (FOIA) Operations for the National Records Center at the U.S. Citizenship and Immigration Services (USCIS).

    Inquiries to the Ombudsman's Office have identified FOIA requests as an area where the public continues to experience frustration in relation to citizenship and immigration services. Please direct any inquiries related to the topics raised in this teleconference to Margaret Gleason, Senior Advisor to the Ombudsman, at margaret.gleason@dhs.gov. If you have a concern with your USCIS FOIA request and have been unable to resolve the issue with USCIS, the Ombudsman's Office may be able to help.
    Freedom of Information Act

    Under the FOIA statute, "any person" may request documents from a U.S. government agency. This applies to both U.S. citizens and to citizens of foreign countries. The law allows 20 business days for response to a FOIA request. USCIS has been unable to make that deadline to date, although processing has improved in the past few years. Agencies may withhold information from a FOIA requester under certain exemptions. The law does not allow an agency to withhold information for other reasons, such as possible embarrassment to the agency.
    USCIS Processing of FOIA Requests

    USCIS FOIA processing is consolidated at the National Records Center (NRC). Prior to 2005, FOIA requests were decentralized, and could be handled on the local level by USCIS. In FY 2006, USCIS had a backlog of more than 88,000 FOIA requests. Jill Eggleston reported in the teleconference that in FY 2010 the backlog was down to 8,000 cases.

    There are currently 120 NRC employees, with 30 more new employees authorized for hiring in 2011. Ms. Eggleston informed teleconference participants that current USCIS processing times for FOIA requests vary according to the type of request and that USCIS sorts FOIA requests into three separate tracks. Ms Eggleston also noted the processing time for each type of request.

    * Track One FOIA Requests, or simple document requests, are those that request only a specific document, such as a copy of a particular immigration petition.
    Processing time: 43 working days
    * Track Two FOIA Requests are those where an entire file is requested.
    Processing time: 34 working days
    * Track Three FOIA Requests are those requests where the individual has a pending hearing scheduled before the Immigration Court.
    Processing time: 59 working days

    In the FOIA Annual Report for Fiscal Year 2009, the processing times published for USCIS show an average processing time of 215 business days for Track One FOIA requests, 344 business days for Track Two FOIA requests, and an average of 60 business days for Track Three FOIA Requests.
    USCIS FOIA Process

    As stated on the teleconference, FOIA requests to USCIS can be made with a Form G-639 (PDF - 2 pages, 100 KB) or by written request submitted by mail to USCIS NRC, P.O. Box 648010, Lee's Summit, Mo. 64064-8010; or by fax to 816-350-5785. Most FOIA requests are free, but if fees exceed $25, the requester will be notified in advance of such a charge. Ms. Eggleston stated that a web-based request system would be established in the near future and will be rolled out in two phases: Phase One will be for media requests, while Phase Two will be for all other requests. Currently, the status of a FOIA request can be checked with an NRC receipt number through the FOIA link on USCIS Home Page (http://www.uscis.gov).

    Appeals of USCIS FOIA denials or material withheld under FOIA exemptions may be filed to USCIS FOIA Appeals, 150 Space Center Loop, Lee's Summit, Mo. 64064-2139.

    As noted in the teleconference, more information on filing FOIA requests with other Department of Homeland Security components, such as U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, is available at DHS | Freedom of Information Act & Privacy Act (http://www.dhs.gov/foia).
    Expedite Criteria

    By regulation, there are narrow expedite criteria that may allow a requester priority to receive a FOIA response. Expedites will only be granted for cases that present an imminent threat to life or safety requiring the FOIA response, or where there is an urgency to inform the public.

    Overall, FOIA requests are handled on a first-come, first-served basis, which is only differentiated based on the three tracks described above, or the occasional expedite case.
    Teleconference Questions

    In response to questions from callers on the teleconference, Ms. Eggleston stated that certain information is required with a FOIA request to verify identity including name, address, date of birth, and place of birth. Without this information, a FOIA request is incomplete. If information in a file is incorrect, a Form G-639 (PDF - 2 pages, 100 KB) can be used to correct information under the Privacy Act. Another caller asked if USCIS could retrieve an envelope with a postmark from a particular file under FOIA. This documentation might be needed to support an application for adjustment of status under . Ms. Eggleston stated that there is a separate receipt file where payments to USCIS are recorded. If a receipt is requested, the FOIA request should specify that the NRC should search the alien's receipt file.

    If records are requested on behalf of a child, Ms. Eggleston stated that names of parents will be requested, and USCIS may ask for proof of parent or guardian relationship before sending information to that party.

    Ms. Eggleston said that sometimes in denying FOIA requests for persons with final removal orders, USCIS invokes the 'fugitive disentitlement doctrine' under Meddah v. Reno, No. 98-1444, (E.D. Pa. Dec. 8, 1998). She also said that her office may refer such FOIA requests to Immigration and Customs Enforcement (ICE




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  • eagerr2i
    08-08 11:23 AM
    Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.



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  • tikka
    06-22 09:40 AM
    http://immigrationvoice.org/forum/showthread.php?t=5470


    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks




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  • arjun007
    02-01 04:39 PM
    I got a Multiple Entry Stamp.. ( last week of jan 2008)

    The consulate officer who interviewed me did mention that they will try to get the passport back to me next day by 3 pm but there are chances that it might take a few days...

    The next day I went to pick up my passport at 3 and it was not ready..The security guy said -> "because of the new system, the stamping is taking a while. But most of the guys have got it the next day by 5 pm.. the worst case was an H1 candidate who had to comeback after 2 days for his passport...But that was the only blip ..."

    I would suggest booking ur tickets as if you were to get the passport the next day, but also buy the 52$ insurance (if you buy it on Orbitz) so that you can easily cancel and re-book it...

    Also I read in several posts about who could go to halifax for stamping. Its true that only revalidation candidates should schedule but
    It does not matter what employer name is printed on your existing expired VISA . You just need an existing H1 approval ( stamped) which is being extended. In my case I had only an expired stamp from my first company but I had transferred the H1 Visa to 2 employers since then without their stamp.
    So this stamping was for my 3rd employer.




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  • scamp
    07-09 12:52 AM
    Our lawyer asked us to submit 2 pictures for our 5 yr old daughter for our I-485 application However, after we sent all the documents, lawyer said they need another 2 pictures for her but they already filed our application and will just send the rest of the pictures if the USCIS ask for it, Is there any chance that USCIS will deny our application because of 2 missing pictures? Anyone has the same situation? Thanks.




    Daisy
    10-26 10:57 AM
    Thanks Arihant




    kminkeller
    03-09 04:17 PM
    Thanks guys. Thanks a lot for all these information.

    So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?

    Thanks.



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