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  • go_guy123
    09-16 03:17 PM
    I knew it was gonna happen, first it was horses, now its health....:(

    "
    <b>Health Care First Or Last</b>

    Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "

    Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)

    This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.





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  • piyu7444
    04-18 07:22 PM
    I am currently on h1b with Company X (h1b expires in April 2011)

    (I-140 approved, filed 485 on july 2 so am past 180 days)

    If I take a job on EAD with Company Y without h1b tranfer to comapny Y.

    Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?

    Also do I need to leave USA?:confused::confused::confused:





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  • varakur
    08-10 07:41 PM
    Thanks Jasmine/lacrossegc/etal,

    Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,


    Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

    thanks so much,
    -Prasad
    PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.





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  • irock
    10-10 06:53 PM
    We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
    Do I need to worry or This is quite normal?



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  • a_yaja
    03-27 05:58 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    To qualify for a GC under the investor (EB-5) category, you need to invest atleast $1 million and employ 10 people. If the area is an economically depressed area, then $500K is sufficient. More information available @
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D





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  • puzon23
    02-12 11:40 AM
    Yeah, I would have liked to apply a year ago but at that time my employer and I had a different arragnment. Anyway, Hellomms, you are talking about me getting H1B extended but to do all that I have to submit my PERM application first and I really think it will be difficult to even get through the recruitment process at this time. DOL is already talking about watching more carefully and many EB2 cases get audited regardless. Anyway, givien the details I gave in my first post, what would you guys advise, go to Canada and reset the H1B clock or try to force PERM now?

    Please advise! Thanks!



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  • Redeye
    04-16 12:52 PM
    Any help from the attorneys on this?





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  • gcisadawg
    03-30 08:20 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.

    I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!

    What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.



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  • speddi
    12-09 12:35 PM
    As long as you are still doing S/W related job, don't worry about VB , C# or Java etc ...I myself used AC21 rule to change the job and got GC in September.. I know a lot of ppl got GC after using AC21. Most of the ppl, I know (including me) did not inform USCIS about AC21. Ron Gotcher was my attorney and according to him, sending AC21 documents might complicate the case. Also, he informed me that AC21 rule is practiced in a very liberal way by the USCIS ... so don't worry ...

    Thank you very much. Other than giving the letter with salary,job description and showing that it is a full time position, what support do we need from the new employer?





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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.


    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.



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  • H1Girl
    02-27 01:08 PM
    Mostly my question was misunderstood...

    I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...

    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...





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  • rahulpaper
    01-09 08:38 PM
    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf

    Thats interesting...will this new law cover agreement signed before 2007?



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  • swamy
    11-21 05:32 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    Sorry to hear that - I think it's a turn for the better! Last time I parted company it wasn't on the best of terms and quite bitter for many reasons but a few years hence it was the best that has happened to me yet





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  • eb3_nepa
    03-25 01:10 PM
    Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.

    Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.



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  • ItIsNotFunny
    11-05 05:40 PM
    After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).

    It is defintely not going to happen in the near future.....

    So even finding a pattern may not help as its not going to be current for all for EB3 atleast.

    I don't think it will become current for atleast couple of years.





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  • neel_gump
    05-12 03:20 PM
    Security Checks : How and Why

    The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.

    Background on Security Checks

    All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.

    Why Security Checks are Conducted

    The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.

    We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.

    How Security Checks Work

    The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.

    IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.

    FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.

    Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.

    FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.

    Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.

    Conclusion

    The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.

    We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.



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  • blacktongue
    10-05 11:07 AM
    How did they pull it off?

    If you file a lawsuit you can ask for documents.





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  • javadeveloper
    11-24 02:03 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.





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  • julsun
    09-27 10:19 AM
    I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.

    Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)

    Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?

    Thanks.

    My EAD cheques got encashed today. I had sent a single cheque for myself and my wife. I do notice two LIN numbers on the back of the cheque. BUT when i search for those numbers on USCIS website its says number DO NOT exist in the system. Has anyone faced similar issue?

    Thanks





    Vic
    11-19 08:10 AM
    Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

    Now......on to the GC :-)





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