Tuesday, June 28, 2011

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  • maash10
    08-11 11:33 AM
    Hello Friends

    My husband was an employee of a desi company and they had withheld part of his salary, he filed a complaint at the DOL and got the pending money back.. that was 4 years back.. now he is trying to change his job and the new employer wants to do his background check..

    what will show up in his background check? will the case against his employer affect him? we are really worried about this.

    Thanks in advance




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  • Abhishika
    10-17 07:28 PM
    Hi All,

    My hubbys PD is dec 04 Eb2. His I140 was filed on July 07 and in aug 07
    we have applied for I-485.

    I got the I-131 receipt notice which is having A# number.

    Does A# number means 140 approval ? Online status of 140 shows as pending?


    Thank You

    Abhishika




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  • Berkeleybee
    04-13 10:47 PM
    There has been a lot of confusion today about the so called "Frist new bill" -- it is just the Hagel-Martinez bill which was brought for a cloture vote before the Senate Easter recess. I have edited to title of the thread with the text of the bill to reflect this.

    To read more and learn about IV's strategy read this post (http://immigrationvoice.org/forum/showpost.php?p=8832&postcount=41).




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  • redcard
    09-13 01:43 PM
    Just a thought.. maybe some experts can help..

    Does BEC Capture the following information at the time of entering data..

    Type of application � Eb2, 3 or Other workers category..
    Nationality of application..

    My understanding is that BEC does not determine the EB2 or EB3 until the final stage, nor is the nationality captured as part of the older labor process (I could be wrong.).. and if the nationality is captured then an application of an Indian can only be substituted by an Indian???

    In case they don�t,,, how can DOS determine the all the 245(i) applications at the BEC are Eb2.. or Eb3.. or for that matter from India. On an optimistic side.. when all the cases at the BEC get cleared in June 07 and DOS realizes that bulk of the cases were for Other Workers Category .. may dates for EB2 and EB3 could make huge movement forward then..



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  • Comiccmadd
    07-23 03:49 PM
    cheers!




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  • karl65
    10-27 08:54 AM
    Does Lawyer receives AP and sends it to us OR does applicants receive it?

    I haven't received AP yet. got EAD/FP/notices.

    cheers
    Iad

    You do not need to open a new tread to ask this. There is a tread about AP trend

    http://immigrationvoice.org/forum/showthread.php?t=14005

    Some lawyers receive the AP and sometimes the applicants. I do not know WHY?????



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  • okuzmin
    11-15 07:06 PM
    IV admins, Alaska's state code is AK, not AL. :)

    I'm in Anchorage, AK. Skiing, fishing, boating, hiking, etc. -- you name it, let's do it. :)




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  • PraveenVadlam
    02-23 08:52 AM
    I have the following questions with respect to number of days I can stay out of the country for my situation.

    I have been on green card since June 2010.

    I have visited India from October 17' 2010 to Feb 4' 2011 (Total 111 Days).
    Now I need to go back to India again for around 3 months (Approx 10th May - 10th Aug) which is about 93 Days.

    My questions are:

    1. As a GC holder can I make the above visits without resetting my 'Continuity of 5 Yeard of Residence' clock ? As in each calender year I will not be out of country for greater than 180 days. But, when you count from October 16 2010 - October 15 2011, I will be more than 180 days out of the country.

    2. If answer to the above question is NO, do I need to file/apply for any exception to be out of country?

    Thanks for your advise.
    Praveen



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  • Immi95
    02-17 10:04 AM
    Hello?

    In Mid 2007, 7th year of H-1B transfer & extension was filed, and was no problem as I had an approved ETA-750 with ex-employer, but it was expired soon as the sponsor�s (ex-employer) company was closed at the end of 2007.
    The 7th year approval period was 12/11/2007 ~ 12/10/2008 with the current employer.

    I filed another labor certification (ETA-9089) on 10/23/2007 which was sponsored by my current employer, and it has not been approved yet.
    Using this ETA-9089 pending more than 365 days, I filed an I-129 extension for 8th year of H1B last November 2008, but INS sent "Request For additional Evidence Sent" letter which was saying to be provided �An evidence of pending / being processed for more than 365 days of labor certification or I-140 prior to 6 year expired of H-1B�. we just realized that a memo was posted regarding this on 05/30/2008.

    As I don�t have this evidence... Please advise or recommend me...




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  • Legal
    07-24 04:30 PM
    I see lot of excitement about asking USCIS about filing for I-485
    even when visa numbers are unavailable. I am afraid this may
    not work.

    The ombudsman report 2005 was very critical about temporary EADs being issued to "potential terrorists" without proper background check. Filing for I-485 and getting EAD is like a limbo state btween GC and H1B. This approach may not gain much support.

    (1) How about proposing that they should do FBI name check with I-140?
    This is the petition for immigrant visa.

    (2) Those who have approved I-140 but haven't filed for I485 due to
    retrogression can apply for FBI name check separately.

    (3) These added "security measures" will boost our chances of getting them OK to file for I-485 even when PD is not current.

    p.s
    the argument that FBI name check is valid only for a breif period is stupid, but it may be forthcoming. The response is what if some one commits terrorism 6 months after getting GC:D



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  • pappu
    02-01 11:31 AM
    The thread is being closed. Do not start a new thread when there is already a thread on the same topic.




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  • bestin
    10-02 06:32 AM
    I was under the impression that they send only one notice for each case and that too to the attorney.My attorney has send me a mail that he received the receipt notices and the original would have been sent to the employer.In case the employer has not received,he will send me a copy.

    Do i need to have the original receipts.I have a valid L1 stamping and planning to travel early next month.I heard that i need to have atleast receipt notices if i dont have the AP approval by then.



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  • azureangel
    06-05 03:54 AM
    Hi friends,

    If I apply for my husband's H4, do we need to show my past paystubs?

    Or will my husband's H1 information, like his employment verification, I-94, and H1B approval be enough?

    Please advise....thanks!




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  • informvinay
    12-13 02:56 PM
    Hi,

    I was on H1 VISA when my wife came here on H4 VISA. When I was filled her DS-157 form for H4 Stamping by mistake I put the wrong dates of employment.

    Now she got her H1 Visa approved when she was here in US. She is going for H1 Visa stamping . She is filling her DS-157 again with the correct dates. Would it be a problem. Would H4 DS-157 be tied back to DS-157 for H1 while she is there for H1 Stamping.

    Please any help would be appreciated.



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  • amsgc
    05-15 11:59 PM
    There is no biometric fee for AP. It is only if you are applying for a Re-entry permit or a Refugee travel document.

    Here is the link fo the instructions:

    http://www.uscis.gov/files/form/I-131instr.pdf




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  • camphor
    07-03 02:48 PM
    My 485 application for EB2 was filed with USCIS on Sunday, July 1st 2007. My lawfirm is not sure if it will be accepted by USCIS since the filing was done in the weekend. Any comments? There could be lot of us in a similar situation. For those who are in the same boat, I would appreciate any updates you have received from your lawyer.

    Thanks,



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  • Nao
    03-23 12:18 AM
    Hello.
    I will be needing a new re-entry permit(i-131) while renewing my green card and i was wondering if it was possible.

    I am going to study back in my home country for 4yrs.
    first 2yrs(2010-2012), i am going back with reentry permit.
    after 2yrs(2012), i am going back to USA for 6months to renew my green card(going to expire in 2012) and reapply for a new reentry permit.
    If i wont have time to get my new green card, i am possibly thinking of going back to my home country for 5 months and going back to USA for 2 wks (to retain green card status) and again, going back to my homecountry for 3 months.
    Would going back and forth to my homecountry and USA will affect me from losing my green card?

    Any advise will be helpful. Thank you!




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  • sk.aggarwal
    07-08 10:11 AM
    If you resigned, then I dont think company is liable for any severance. I work for a bank and they have a policy that they consider attrition due to visa issues (like unable to extend H1 etc) as termination for employment. They pay severance only for displacements which happens due to lay offs. I may be wrong and policy might be different in your company but just my 2 cents.




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  • tntgirl
    02-24 09:35 PM
    My sister filed 1-130 for me in 1997. I am currently living in the US on an H1B visa and the I-130 has been approved. As requested by the NVC, my sister submitted her affidavit of support (I-864) and paid the immigrant visa fee. However, I recently found out that I should have filed I-485 instead. I was advised that I cannot file the DS-230 because I live in the US. Is this true? Which could/should I do, DS-230 or I-485? Is there a way to get the immigrant visa fee returned?

    I will appreciate any advice.




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    roseball
    07-11 12:57 PM
    Do note that AILF does cover people who were eligible to file in July but did not file due to USCIS/DOS revised bulletin.....However, it is unknown at this time what the outcome of the lawsuit would be for July applicants vs eligible but non-applicants as the decision is at the discretion of the Judge.....

    IMHO, its better to file and get rejected......



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