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Thursday, June 9, 2011

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  • logiclife
    06-18 05:59 PM
    yeah. still, isn't it a little "short"?!:)

    I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:

    Dont be concerned. Over documentation is a common phenomenon and most people do it to preempt RFEs and inquiries and I dont think it works that way.

    Here is what I posted on a separate thread earlier today. My lawyer too has sent me a very very short list of documents he needs. And although he is a little slow, his performance so far has been flawless ... Knock on wood.

    A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

    Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

    Another example is color copies of visa stamp. What would a color copy prove that a mono-chrome copy would not? Wouldnt USCIS verify the legitimacy of the visa stamp by cross-referencing it with their own database?

    Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

    Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). That doesnt mean it works that way. You can still get RFE and additional request for documents later.

    However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases on first impression). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last. And sending USCIS last 5 years of tax returns might do exactly that. Why drown the officers in paperwork?

    So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).





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  • ASR
    07-08 02:51 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.





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  • va_labor2002
    09-24 05:48 PM
    About Rajiv Chandrasekaran

    Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.

    From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.

    Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.

    He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.

    Contact Rajiv Chandrasekaran
    The Washington Post
    1150 15th Street, NW
    Washington, DC 20071
    (202) 334-6000
    rajiv@washpost.com





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  • waitingmygc
    10-19 05:44 PM
    For a case like you best bet will be "Immigration Law Group".

    IMMIGRATION LAW GROUP LLP (http://www.immigrationlawgroup.net/)

    Note: Its merely my personal onion.



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  • Funky_Monkey
    09-13 11:56 PM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.





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  • samrat_bhargava_vihari
    05-04 10:53 AM
    IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.

    The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.

    IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.

    My apologies!! I know it is software and I didn�t mean IV I mean software.
    I don�t want to blame any one here, rather I want them to understand that there is no importance to post if it comes from �Senior Member� , they are just their views/comments not facts.



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  • rbharol
    11-08 10:50 AM
    Hi,

    My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.

    This is really a very bad and sorry situation to be in.
    I am feeling very bad after reading this.
    This is unnecessary harrasment.
    It is fault on your part too. They should not have overstayed and should have
    filed for extension if they had to.

    Best bet is to hire a good lawyer quickly.
    Good luck.
    Let me know if we can help. Send me PM if you need help of any kind.
    I am in San Francisco area.





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  • gc_on_demand
    02-03 01:41 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.

    Go back...



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  • shimul99
    10-23 09:08 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer that.....my AP got rejected because the rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....

    I don't know how to react. The online doesn't have any update about that yet.





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  • anai
    04-16 07:59 AM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.

    One can only hope for the sake of the spouses concerned that no one else is in "the same situation."

    IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.



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  • arkrish68
    02-21 02:06 AM
    Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-

    * I have a green card
    * Severance package I received is 7 months
    * Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
    * I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
    * I have two kids, Wife is not working
    * My salary expectations - 110k+

    Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience

    Thanks

    Try to update your skills to the latest versions i.e SQL 2005 or SQL 2008. Try to find a job that gives a decent salary during this difficult economic times, don't have hight expected salary. I don't know your financial commitements just a suggestion. Try to contact few head hunters. Also try to join Linkedin and it is a good professional website. Some times I used to get calls through linkedin. If you are good at SQL Server you might even try as SQL developer and I think there are still few requirements in LA and southern california for sql developers. Try to upload your resume in monster, DICE or both. I am working as contractor since 2001 in USA and I always apply through Dice or Monster because my employer is not good in finding good projects as well as they won't always tell you the truth with regards to the billing rate. Always Have hope in life and this is just a temproary set back.





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  • for_gc
    09-21 11:52 AM
    I don't agree with more fees for 485 etc ...

    They are already taking too much money out of us ...



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  • gee_see
    04-15 02:22 PM
    9 Years, with one employer!!! immmm..

    If the employer is good it is ok, what if not?

    I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.

    Lunch Time (EST), on the lighter note….

    Tourists in the Museum of Natural History ...
    ...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
    The guard replies, 'They are 3 million, four years, and six months old.'
    'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
    The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'

    My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...





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  • fearonlygod
    11-14 10:12 AM
    thanks for the response ....how long is the response time for such cases....



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  • eastindia
    04-26 03:09 PM
    Go watch the simpsons instead of starting funny threads

    Simpsons is not cool. It is gay.

    South Park is hot.





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  • pd052009
    09-13 02:55 PM
    I think your postings in EB3-EB2 discussions made you infamous.



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  • indianabacklog
    08-06 08:22 AM
    oh sorry it was approved on october 2003 not 2002.
    In which case you had until October 2004 to apply for permanent residency. i.e. one year from approval of the I140.





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  • h1techSlave
    11-18 05:39 PM
    Since you are from Russia it may be wiser to stick with EB3. I am assuming that the priority date for EB3 will be very close to current when you are ready to file for 485. EB2 of course is always current.

    Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.

    If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
    EB3 --> GC when you are ready to marry off your grand children
    EB2 --> GC when you are ready to marry off your children

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael





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  • beautifulMind
    10-08 04:43 PM
    Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

    Thanks GCPool. i will probably go with the 485 EAD to be Safe plus logically it makes sense too to sue 485 EAD because once applied for 485 that is your current status...Infact if you contact the school and tell them you are a 485 adjustee they may cancel your EAD OPT





    nonimmi
    05-30 02:52 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?

    Gotta clear backlog Ma' :D





    immilaw
    09-18 01:41 PM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.

    Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.

    Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.

    Don't worry about your H-1B. You should not have a problem with that.



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