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  • yasimk
    06-20 05:26 PM
    Hi,

    I am planning to file EAD & AP on my own and separately from I-485.
    Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.

    So my questions are

    1) Is it ok if I file EAD & AP separately from I-485?
    Or should i wait till I-485 approval is received and then file EAD & AP.

    The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.

    2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?

    Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?

    Please advise.

    Regards
    ~~~~~Y





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  • mlk
    03-10 08:15 AM
    Nice renders Eilsoe and Grinch--both very dramatic. Here's mine--it feels unfinished but this is all I had time for.

    http://www.inmod.com/casey/3dsubway_final.jpg

    Very groovy. And I like to see XSI work because, well, I haven't seen a lot from this package !

    Top notch, my favorite so far.





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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.





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  • bskrishna
    07-22 05:12 PM
    So there is a good possibility that PD will not go back much in October 08 for EB2 I. There are about 40-50 k visa nos. EB2 I nos seem to be 20-30 k from about mid 2004 to mid 2006. CIS is capable of issuing 25k visas a month. So this could really happen...

    if the visa nos left unused, spills over to FB, how the recapture bill can work, as the nos are being really used in FB. am I not seeing something here..?



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  • ronhira
    04-09 05:02 PM
    You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.

    if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....

    my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....

    and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....

    lets continue talking about uscis/dos..... who is next...:mad:





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  • thirdworldman
    03-11 03:25 PM
    By "light linking" do you mean associating lights with specific objects?



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  • aquarianf
    07-31 03:03 PM
    I reviewed copy of I-485 packegae and found that attorney didn't include Employment letter with package. I filed in June I already received filing numbers.
    When I asked attorney why it wasn't sent, her response was that there are around 15 people from company who filed in month of June/july and she didn't included EVL for all of them. Also there are around 8 people who got their GC in my company in last 2 years and she didn't included EVL for all of them.





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  • InTheMoment
    05-22 03:25 PM
    I am doing MS in Technology Management from Howee School of Technology Management at Stevens Institute of Technology!!

    Similar ones are offered at Penn State, Rutgers, MIT .. totally on Web.

    Don't know about others.... but surely not at MIT ! MIT has no program "totally on Web"... :)



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  • Chiwere
    02-13 04:04 PM
    His views are distorted.

    Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.

    Skilled immigrant not mucho good googling....:D

    The Indian Consulate, New York, provides information on the relevant
    Visas. It appears you will have to apply for an Employment Visa. There
    is detailed information on the page and a Visa Application Form. I
    note there is also a Journalists Visa which is for three months. I
    don?t know if this is applicable to your situation.

    This is some of the relevant information.

    EMPLOYMENT VISA: Employment visas are initially issued for one-year
    stay. A copy of the contract with the employer has to be enclosed.
    Kindly note that Employment Visa is given only for jobs that require
    very high level of skills and expertise. This can be extended by
    Foreigners Regional Registration Office in India, if the job contract
    continues. Spouses and children are granted co-terminus entry visas on
    request.
    http://www.indiacgny.org/php/showContent.php?linkid=23





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  • greenlight
    08-23 12:27 AM
    yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!

    As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.

    Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")

    This might make a difference of a couple of years in your approval if the dates move like they did in the past!


    Thanks, gc_chahiye, for your response.
    I will discuss with my attorney.



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  • singhsa3
    03-03 05:09 PM
    Folks,
    Please help me in refining the message: I plan to send to some major media.
    *****************************
    Dear Sir/Madam,

    We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
    Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
    • Average age: 30-35 years
    • Average years of stay in the USA (all legally): 7 years
    • Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
    • Average Salary: $75K+
    • Average net worth: 100K-400K (mostly liquid)
    • Average occupations: Information technology, Doctors and Financial Analysts
    • Average education level: At least undergraduate
    • Average credit history: Excellent

    Note: If needed, we can cite the source of the information, which is from the government itself.

    As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs

    Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.

    Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.

    We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.

    We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660

    Yours truly,





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  • ss777
    05-12 03:59 PM
    If we have all resources required to do MBA fulltime from a reputed school then there is no dilemea, one should opt for it. When resources are limited (need to work fulltime, has family with small kids, limited $$$ etc) then online is a better choice compared with part time. Students working for an Online MBA do develop good network and such degrees are being more and more accepted. Online course needs more descipline and dedication than the regular courses. The interaction between students and professor is more in a online course than in a part time course. You spend more time in research than in travel. Flexibility is another advantage.

    My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.

    http://rankings.ft.com/exportranking/online-mba-2009/pdf



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  • pappu
    02-01 10:17 AM
    Immigration Voice is making every effort to allow for members to be part of this advocacy effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html). IV team requests that many members plan to come to DC in April. This thread is started for members who wish to carpool or donate air miles or for DC/MD members to host others. Please use this thread to connect with each other.

    However, for reasons beyond our control if members cannot do so, please contribute monetarily (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html#post2305081).

    Sukhwinder is coordinating the efforts on carpool and hosting options.
    Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com

    Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.


    Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)

    Thank you.





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  • snathan
    06-10 01:44 PM
    @eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.

    Remember the GC is for future employement. USCIS can anytime ask the letter to prove the job offer is still there. I know coupld of guys got RFE for the same.

    If there is no job, the underlaying I-485 become invalid and so there is no AOS.



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  • cygent
    07-28 09:32 PM
    Funny, I got a red dot too and with a

    No worries Guys, given you both some greens to offset that moron's. Speaking of which someone gave me red called me an "idiot" for me wanting to sue USCIS.





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  • PavanV
    06-08 06:26 PM
    My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:



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  • DarkChild
    02-16 03:25 AM
    @ thirdworldman: WOW!





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  • boreal
    10-26 01:51 AM
    I have to post here to get attention though I know this is not the thread ..I don't know why people are not talking about this ..there is a possibility that there may be a lame duck session for second stimulus bill ..maybe we can push for small recapture bill ..please comment and let us get IV core's attention..I can access IV only during evenings and morning ...so someone please think about this and push for this
    -------------------------
    does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.

    eternal optimists, arent we? :-)





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  • independent72
    02-20 06:43 PM
    I am going to travel from Boston and would like to pool my car. I have Honda Pilot and can sit 6 people.





    lunatic
    03-12 12:28 PM
    OMG these are all amazing! I can't imagine how much work went into these. I know nothing about 3d art/programs so I'm not sure what it takes to make curves and such. I loved Elisoe's for the openess and the pipes in the ceiling, BlueSun's for the tile work, and ThirdWorld's for the colors and curves. But I voted Grinch because the map on the wall is killer and looks very real. And plus I'm a cartographer so it just caught my eye. Makes me want to step in and take a closer look at it.

    Great job everyone! This was a cool battle! :thumb:





    WAIT_FOR_EVER_GC
    06-10 12:50 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

    What should we do. I am in tell me what I need to do?



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