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  • dharmesh.pariawala
    01-08 02:37 PM
    I read on www.immigration-law.com

    01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform

    Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.





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  • gcboy442
    10-08 08:25 AM
    sg72

    My spouse EAD and AP were approved on Sept 13th , Mine is still pending......Don't know what to do .....I am the primary applicant....





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  • GCBatman
    04-13 10:42 AM
    Thanks gcisadawg.
    I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
    I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
    Thanks,

    You have multiple options.
    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg





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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..



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  • WeShallOvercome
    07-23 06:29 PM
    have you used your checks for filing of application or did your employer paid for it.
    When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
    and possibly asking SC to issue you another receipt...


    Employers and lawyers are smart enough.

    They took money from us but paid the fee with their own checks.
    I don't think getting the receipt number is an issue, we can somehow get it.
    I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
    On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
    any suggestions?





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  • starseed
    07-20 06:10 PM
    LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.



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  • roseball
    03-31 02:38 AM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:

    Sorry to know about your situation. Nothing you can do at this point other than waiting to get the final report and know what the issue was in Idaho. You can ask them to give you a copy of the report.





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  • sodh
    07-27 05:03 PM
    And one more thing notarize the request, its not neccesary,but its better to be safe.



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  • SonnyD
    10-18 03:26 PM
    Congratulations brother. One of the questions they ask is- are you a member of any association or any organization.If and when they ask, this would be a good time for you to inform the officer of any volunteer work you do. Or tell them how you contribute to the community. Also tell them if you donate to charities. Just a thought.

    Please only answer the questions that are asked. Answer to the point and be precise. Brother Sanju has given good advise too. Let your wife answer the question, if the Officer was asking her. Please do not try to answer for her.


    Good luck and God bless
    SonnyD





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  • ksrk
    08-21 07:40 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks

    Not sure of terminology here, but some companies have policies to "go after" employees who leave immediately after getting their employment-based permanent residence. God knows there may be a law that allows the company to sue you for your "intent" of staying with the company for the sole purpose of getting your green card and not because you have a vested interest in doing your job for the company.
    While these policies/laws allow for the employee to leave the company after a "reasonable" amount of time (usually six months), if, however, the employee leaves the company within that timeframe, the company has good cause to argue that the employee had an intent of leaving the company from the beginning right after s/he obtained employment-based permanent residence.

    Not sure how much sense this made - the law is kinda fuzzy here, AFAIK. As is good with such matters, get professional advice from a good immigration attorney about what you need to do - always worth the money; the risk is not.



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  • gcformeornot
    01-22 03:22 PM
    Hello,


    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




    Thanks!
    Daniel

    can apply for your family based green cards only after she is 21 years old.





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  • tnite
    03-31 06:24 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13
    EB2/TSC
    PD:12/04

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

    If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
    You can change your employer 180 days after filing your I485 provided your I140 is approved.
    Think twice before you act



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  • bekugc
    04-08 06:18 PM
    ss1026;

    if u register at uscis as a customer, then u can create ur profile and add ur cases to it as a portfolio. once u do that all ur cases will be listed in a tabular column fashion, and one of the columns is 'last updated date'. u cud sort on that column to regularly see if anythings hapening on ur case.





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  • yabadaba
    06-18 11:50 AM
    Hi Guys:

    Had some questions with regards to my actual 485 form.

    situation:

    2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

    2003-2004 - OPT

    2004-2007 - 1st H1 (never got it stamped)

    2007-2010 - 2nd H1 (stamped last month in canada)




    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94



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  • Suva
    07-20 01:51 PM
    I agree too.

    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





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  • Munna Bhai
    02-08 12:17 PM
    Does anyone know if Transit visa is needed while travelling with Air India via London.
    Asking since you dont change planes in London... you continue on same flight.


    As far as I know, you don't need any transit visa but contact the following:

    a)British embassy.
    b)Airlines.
    c)Directly goto airport and check at the counter ( a week ahead).

    Hope this helps.



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  • ashishgour
    09-10 11:11 PM
    Ordered 2 T-shirts n 2 IV Caps..
    See u all in DC..





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  • immigrationvoice1
    03-06 02:21 PM
    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved

    You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.





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  • smc
    07-26 12:47 PM
    This looks like he is trying it again. The older one (which was defeated) was Amendment 2339 of HR 2669, which was defeated on 7/19. This is Amendment 2428 of HR 2638 (which they are currently debating) and has a date of 7/25.

    Hope it passes this time.





    newbee7
    07-05 12:53 AM
    Ombudsman had correctly predicted this fiasco back in June before the dates were made current:

    There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf





    whiteStallion
    10-17 11:52 PM
    If you open a company on EAD, you are eligible for any positions that pay by W2 right?

    If you have an EAD, you can take up any job which pays by W2... Opening a company has nothing to do with it.

    If you are opening a company and you do Corp to Corp with any other vendor or Consultancy, then they will pay your corporation...and you get paid. From your side that is business income and you can deduct your expenses.



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