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  • eb3_nepa
    07-29 06:46 PM
    CHC speaks only for illegals...
    they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.

    They will never come onboard for legals..we have to fight our own battle.

    So individual constituents on this forums can have personal views..

    Yes, but we do not represent the CHC, nor are we in any way affiliated to them.

    Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.




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  • hatighora
    07-30 02:54 PM
    I think there is a chance if the baby becomes a celebrity baby. If our babies become a hollywood star,sports star or a baby genius, there should be some possibility of getting greencard thru that baby, but with an ordinary baby chances are slim with the current immigration rules.




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  • Wendyzhu77
    05-21 05:07 PM
    This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
    If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
    What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!

    �You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...

    More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)




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  • snathan
    03-29 11:38 AM
    Thanks all.
    I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.



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  • brb2
    08-10 11:28 AM
    I have copied the information from the link below. It clearly states DOS checks background overseas and DHS ensures the person entering is the same person who was issued the Visa. So, my point is that DHS is only responsible for conducting background checks for EB/N400 applicants only. Anyway we will know later today. Hopefully something good news after the chaos in the stock market:)



    "In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."



    Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)




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  • sanjay02
    08-22 03:07 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.



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  • needhelp!
    03-24 12:49 PM
    Thank You Mark! That was great.
    Also thanks to the caller Andy.




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  • msp1976
    05-19 10:41 AM
    I need some advice from the people on this board.

    My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.



    the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....



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  • jonty_11
    10-30 06:21 PM
    if they ask explain teh situation calmly....and tell them your attorney has filed to get u a new approval after he dsicovered ur mistake..Keep phone numbers of ur employer, attorney handy if needed to call them and confirm u are legit!!




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  • needhelp!
    05-21 07:52 PM
    Very good post and the answer is in the last part:

    "the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."

    I am not sure what what "renew 485" means though.



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  • dentist1
    03-09 01:07 PM
    Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

    I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

    Now I need to know what are the things that I can do.
    1. Do I need to file PERM, I140 again on EB2?
    2. Do I need to file for H1 again and complete the entire process?
    3. What is and how to do EB3 to EB2 porting? is that all I need to do?

    Please give me some advice. Thanks in advance.

    KM

    What is so urgent about this post.Please change the title.




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  • immi_seeker
    07-12 11:57 PM
    Hi,

    Just wanted to know about your EAD: Which Center you have applied ? NSC/TSC. What date they have received. My EAD Renewal is pending, and I wish to change job. :confused:

    Appreciate your reply. Anyways, You should not be worrying too much on EAD, as your PD is current now, and youshoudlget the Card in coming months. :)

    Thanks.

    Center is NSC. They recieved the Application on june 19th



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  • mambarg
    08-01 01:03 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????




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  • ingegarcia
    04-03 08:46 AM
    Yes that's my understanding too... if the application reaches the AINP office before April 15 then it will be considered under the current occupation list.....


    Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

    Thanks



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  • marlon2006
    06-14 10:52 AM
    Hi RC, that's just a nickname.
    My PD is April 2002. At Nebraska Service Center, I was able to file the I-485 on Feb 2005 and from there we've got our EAD.

    Yes, I know what you are saying about the one income, three people. There are many things to consider. We prefer that my wife invests more time parenting my child, therefore she is working only part-time. Part-time jobs typically are low income. It is hard to put your 1-3 year old child in a daycare full-time, you know. It is not the same than when you take care of your child, at least in my opinion.

    If you ever come to Seattle, just send me a private message and we can organize something here.


    Hi Marlon,

    BTW, did you change your username??
    We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
    We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(




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  • ash27
    04-02 10:20 PM
    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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  • pathiren
    07-19 10:14 PM
    Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.

    I appreciate all your responses.

    Thanks
    HP




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  • aph0025
    11-12 12:24 PM
    it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also

    Thanks for your input. So, the pay stub that you submitted, was it from your previous employer, or the one you got your visa transferred to? Hey, if you don't mind, can I have your lawyer�s contact details?




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  • pappu
    05-13 01:38 PM
    All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process.

    Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.

    __________________________________________________ _________

    That is true. Also, a lot of people do not even want to go for citizenship. Greencard is sufficient for professionals to have freedom to live and work in USA. Citizenship is not something we are all seeking.




    ashkam
    08-07 09:57 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees




    WeShallOvercome
    07-27 03:49 PM
    Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.


    Not entirely true..

    Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.

    There are a few things to see if what your lawyer did was correct:

    1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf

    2) Your company has your facsimile signatures or signature stamps.



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