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  • eb3_nepa
    08-14 04:16 PM
    never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p

    Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p

    Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!

    Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)




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  • wandmaker
    11-05 09:53 AM
    I am also in a similar boat - I have received all the receipt notices except my wife's AOS. My wife has received EAD and FP, waiting for the AP. My lawyer suggested to wait for 30 calendar days, after which he is going to initiate a service request for duplicate notice. I will repost, if I get any updates.




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  • jlt007us
    09-14 04:03 PM
    Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.

    Good Luck!

    Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.




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  • gc_samba
    07-17 04:44 PM
    Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.

    As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.

    Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".



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  • lazycis
    01-15 11:15 AM
    Finally, I found it in the federal regulations. So it's the federal law.

    20 CFR Ch. V. � 655.731
    ...
    except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);




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  • pa_arora
    02-10 06:32 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
    Good analysis.. but whatever it is - every drop counts. ;-)



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  • gc_check
    07-07 11:30 AM
    Recent VB fiasco has put many of us in confusion and disappointment, but will not hold us back… Most of us must be now be moving on with what we have to do and try to get the best, we can with what we have and can and try to make things better for us.

    We all have different advice from our attorneys; my attorney did not recommend sending the I-485 papers to USCIS now or did not provide any advice regarding to joining the lawsuit being discussed by AILA. Also my paper work is handled by the Immigration Attorney in my company legal department and not any external law firm.

    Talked to couple of friends and some told, they still sent the AOS papers knowing it will be send back and some are in same situation like mine. . Created this poll just to get some sample data how many had files I-485




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  • aardee
    08-20 02:50 PM
    Hi ,

    I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

    My visa is cancelled and I was told to go back to consulate and get a new visa .

    I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

    thanks in advance.

    RD



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  • GCHope2011
    11-05 08:16 AM
    Please read the editorial from today's WSJ by John Boehner. We should adjust our thinking to this reality and try to eat the elephant one bite at a time. Trying to swallow anything all at once is certainly not John Boehner's idea of legislation.

    ================================================== =====
    I grew up in a small house on a hill in Cincinnati, Ohio, with 11 brothers and sisters. My dad ran a bar, Andy's Caf�, that my grandfather Andrew Boehner opened in 1938. We didn't have much but were thankful for what we had. And we didn't think much about Washington.

    That changed when I got involved with a small business, which I eventually built into a successful enterprise. I saw firsthand how government throws obstacles in the way of job-creation and stifles our prosperity. It prompted me to get involved in my government, and eventually took me to Congress.

    Millions of Americans have had a similar experience. They look at Washington and see an arrogance of power. They see a Congress that doesn't listen, that is ruled by leaders who seem out of touch and dismissive, even disdainful, of the anger that Americans feel toward their government and the challenges they face in an economy struggling to create jobs.

    The political landscape has been permanently reshaped over the past two years. Overreaching by elected officials�in the form of pork-laden "stimulus" spending, permanent bailouts, and policies that force responsible taxpayers to subsidize irresponsible behavior�has awakened something deep in our national character. This has led to a surge of activism by citizens demanding smaller, more accountable government and a repudiation of Washington in Tuesday's elections.

    Tired of politicians who refuse to listen, Americans who previously were not involved or minimally involved in the political process are now helping to drive it. While their backgrounds are as diverse as the country itself, their message to Washington is the same: Government leaders are servants of the people; the people are not servants of their government.

    View Full Image

    David Klein


    The members of the 112th Congress must heed this message if there is to be any hope of repairing the shattered bonds of trust between the American people and their elected leaders. And that begins with the speaker of the House, who as leader of the institution must lead by example.

    Accordingly, there are several steps I believe the next speaker should be prepared to take immediately. Among them:

    � No earmarks. Earmarks have become a symbol of a broken Washington, and an entire lobbying industry has been created around them. The speaker of the House shouldn't use the power of the office to raid the federal Treasury for pork-barrel projects. To the contrary, the speaker should be an advocate for ending the current earmark process, and should adhere to a personal no-earmarks policy that stands as an example for all members of Congress to follow.

    I have maintained a no-earmarks policy throughout my time of service in Congress. I believe the House must adopt a moratorium on all earmarks as a signal of our commitment to ending business as usual in the spending process.

    � Let Americans read bills before they are brought to a vote. The speaker of the House should not allow any bill to come to a vote that has not been posted publicly online for at least three days. Members of Congress and the American people must have the opportunity to read it.

    Similarly, the speaker should insist that every bill include a clause citing where in the Constitution Congress is given the power to pass it. Bills that can't pass this test shouldn't get a vote. House Republicans' new governing agenda, "A Pledge to America," calls for the speaker to implement such reforms immediately.

    � No more "comprehensive" bills. The next speaker should put an end to so-called comprehensive bills with thousands of pages of legislative text that make it easy to hide spending projects and job-killing policies. President Obama's massive "stimulus" and health-care bills, written behind closed doors with minimal public scrutiny, were the last straw for many Americans. The American people are not well-served by "comprehensive," and they are rightly suspicious of the adjective.

    � No more bills written behind closed doors in the speaker's office. Bills should be written by legislators in committee in plain public view. Issues should be advanced one at a time, and the speaker should place an emphasis on smaller, more focused legislation that is properly scrutinized, constitutionally sound, and consistent with Americans' demand for a less-costly, less-intrusive government.

    The speaker of the House, like all members of Congress, is a servant of the American people. The individual entrusted with that high honor and responsibility should act accordingly. A speaker's mission should not be to consolidate power in the speaker's office, but rather to ensure that elected officials uphold their oath to defend the Constitution and the American people we serve. If a speaker carries out that mission successfully, the result should be legislation that better reflects the considerable challenges we face as a nation.

    The American people deserve a majority in Congress that listens to the people, focuses on their priorities and honors their demands for smaller, more accountable government. Accountability starts at the top, in the office of the speaker.

    Mr. Boehner, a congressman representing Ohio's Eighth District since 1991, is the House Republican leader.




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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.



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  • gc??
    08-31 09:10 AM
    Which school you are applying for MBA ?

    My wife is looking at the option of going to Univ of Michigan.... Any help is appreciated... we are still in the planning stage




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  • ArkBird
    12-08 03:50 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...


    We are legal immigrants and most importantly - tax payers, shouldn't that be enough??



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  • Chiwere
    10-13 02:24 PM
    With a million GC applications processed a year even if a small percentage fit the profile Merck has managed to corner a substantial market and more than that a ready made test suite for it's vaccine.
    This racket started with states like Texas making Gardasil mandatory for pubescent girls. If this is what takes to be in "Land of the Free" I would rather leave it for the true Americans who would be suing Merck 15-20 years later for damages.




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  • EB2_Jun03_dude
    11-29 04:15 PM
    yes I did. Here are my details

    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.



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  • raidohri
    05-30 08:44 PM
    Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now




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  • abhishek101
    05-28 07:28 PM
    It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

    If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

    there is only one exception

    If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.



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  • MatsP
    August 14th, 2006, 11:33 AM
    Josh,

    I wasn't meaning to be ridiculous, but it came out a bit stronger (when I read it back again) than I intended... Sorry to upset you...

    --
    Mats




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  • GCFISH
    07-17 05:47 PM
    All,

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'




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  • dealsnet
    09-02 02:48 PM
    I didn't judge him. Just want to know, which version is true. He will get advise, after he corrected the true version. Otherwise no use for the answers.
    No use for him to lie here. No body know him.
    Are you his friend ? or another avatar ????

    I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
    Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
    The OP needs some advice irrespective of how he got to this situation.




    praveen888
    04-09 09:45 PM
    Ken,

    I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.

    We never worked in FL state.

    My case is tranfered on 8th April'08 and a LUD today(9th April 08).




    neeidd
    11-09 06:06 PM
    Hi ,

    I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?

    Thanks



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