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  • fatjoe
    11-07 12:47 PM
    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04

    Hi ttdam:
    Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?





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  • ImmigrationAnswerMan
    09-14 12:23 PM
    1) Any time someone takes a trip outside the US for longer than a year they are taking some risk that CBP will determine that they have abandoned their permanent residence. It would probably be OK, but there is no guarantee. If someone is taking a trip for longer than one year they must get a travel permit.

    2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.

    ** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.





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  • psaxena
    05-11 04:15 PM
    Guys,
    Read till the end....

    I know with this thread I'll get 100000 red dots, but anyways never mind...

    I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.

    The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
    kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
    I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
    At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.

    Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
    Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.

    Well the processing is complete I'll get back to my other screen now..

    PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)

    <B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
    And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
    The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
    __________________
    Thanks
    Live well do good





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  • obviously
    11-06 10:00 PM
    Dear Friends,

    It is great to see so much momentum in writing letters to elected officials. May I suggest that those impacted by retrogression/backlogs take an extra effort to articulate the issues and focus on differentiating it from the H1-B issues.

    Here are some ways to frame 'thought provoking' discussions regarding retrogression:

    Start off by stating in your letter that you are a non-US Citizen and non-Permanent Resident, currently in the Legal Immigration Queue!!

    - In a country where there can be no legal bias on the basis of one's country of origin, why do we tolerate artificial quotas and restrictions during the legal immigration process based on country of origin?
    - In an economy known for its dynamism and pace, where meritrocracy and hard work alone matter in principle, partly shored up by its hire and fire policy, granting Green Cards expeditously only enables them to more fully participate in the dynamic economy.
    - In a country known for constant innovation and change, where the Top 10 firms of 50 years ago are so very different from the Top 10 firms of today, not enabling value-added immigration by highly skilled workers will only prevent such exponential innovation in the next 50 years.

    - In a global economy where knowledge work can be done at any place where you have high speed networks, delays in granting Green Cards to highly skilled workers within the US only risks them and their high tax-paying jobs moving to other countries; including India, Canada, Ireland, New Zealand, Singapore etc..
    - From a public policy perspective, the time delay effect of not implementing a forward-looking policy in this regard will only inhibit economic growth because good ideas, able workers and creative capital finds its natural level over time. If the unreasonable backlogs continue for a foreseeable future, it is the US economy that will suffer in the long term because people and ideas will find a welcome home in other countries.
    - Seeking resolution to the retrogression issue is neither a claim of entitlement or social promotion. It is requesting fairness, equity and reasonableness for those that respected the law and sought legal immigration through hard work and economic value-addition.
    - Recapturing unused visa numbers does not create a net addition to the immigrant worker pool. In fact, it only creates a more mobile workforce, that can seek higher paying jobs, and in return contribute through taxes and social security.
    - Ignoring the retrogression issue, would at one level, amount to gross injustice to citizens of countries that are democratic allies of the US.

    Let us list out factual, cause-effect statements of non-resolution and hope that Congressional staffers will present these 'bullet points' in front of lawmakers.

    I would urge everyone to send a personal email/ message.

    1. Start off the email/message saying that you would like to share your pain points and perspectives so that the lawmakers can better learn about your interests, and that you hope that they will be sympathetic enough to come to the aid of legal high tax paying workers, and their respective employers.
    2. Be frank and honest about the pains that you face due to retrogression - e.g. wife unable volunteer/seek work, unable to travel to other countries, unable to seek higher paying jobs, unable to grow professionally, unable to plan personal lives and investments, unable to live the American Dream, unable to move across State lines, unable to quell spouse's frustrations in being under 'house arrest', unable to feel the true freedom of this country, unable to maximize your value to the economy ... and other struggles and sacrifices
    3. Take each of the above points and customize it to fit your needs
    4. Close the email with a note to the effect that you would like to constantly remind the lawmakers that in their constituency, in this great democracy, in this meritrocratic economy, the current policies have created a slew of issues and hardships on professional and personal fronts due to the state of limbo.
    5. Remind the audience that retrogression is an issue of 'backlogging' and is separate from the H1-B issue.
    6. Remind them that not long ago, the Civil Rights movement started on the rather simple premise of ensuring that each and every man, woman and child in this country could live free and keep this nation free and make this a better world. The need for legal immigrants of the 21st century is no different in that you have a class of artificially segregated society that is unable to break free of its shackles of artificial quotes and arbitrary waiting times ... for no fault or folly of the person except that they dared to dream that they can live the Great American Dream.
    7. Seeking resolution is not something to be ashamed or afraid about, and it definitely is not about 'guest workers not wanting to go back'. There is a legal process for guest workers to seek permanent residency and as applicants in the process, you are only seeking fair, judicious and expeditious resolution to backlogs and artificial 'hold backs'. This is a nation of immigrants and if one went back three to four generations, you would find stories of brave, bold believers that sought out the New World. Legal immigration is the modern Ellis Island. An entrance to the land of the brave, the land of the free.

    Please, please take a moment to send out messages so that this features on their radar. Keep the messages professional, yet personable. Don't harrass or 'name call' anyone or any constituent in the messages. Our job should be to highlight the pain point, let us leave the resolution in their capable hands.

    There are 1000's of members in IV. If each member seriously committed to sending just 1 message, chances are that we would be reaching ALL the elected members.

    Remember, you can come back here and rant and rave as much as you want; or pontificate or predict about the issues. None of that makes a difference as much as your ability to challenge current beliefs and turn the tide in your favor through constant, consistent communication to lawmakers.

    It's your turn... with the elections coming to close tomorrow, NOW is the time to set things right. Go ahead, please, I beg each one of you, make a commitment to send A Personal Message of Pain(AMAW)

    Obviously

    P.S. I would not recommend the 'Message A Week' from one person. I meant to say, if each of us took time to send 1 message each, over the next couple of weeks, together, we would end up having at least 1 message a week from this constituent body reach lawmakers and their offices. Please DO NOT flood them with messages every week, from the same person. This would waste their time and not be respectful of their attention. Again, just 1 message per person with all the points in there, would be helpful.



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  • immigration_law
    08-24 07:08 PM
    My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

    I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

    Can someone recommend a good lawyer to me? Many thanks!

    YL
    Hi Yingli,

    I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.

    The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.

    ~Justin Fok





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  • krisganta
    08-23 07:52 PM
    My wife is in the same situation and debating whether to continue the employment with EAD renewal receipt or not. Could you please share which USCIS number did you call and what options did you select so that we can also call and get the clarificatiion from USCIS directly..just to be on safe side!! Thanks!



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  • my2cents
    02-26 08:02 PM
    Best part will be

    - Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)

    - It will enable her to pursue opt and make a way for converting to H1B

    For OPT
    - at the time of filing she must be in F1
    - She should have full time student for 1 year ( not necessarily F1 for 1 year)

    I did the same thing for my wife.
    Thanks,





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  • patiently_waiting
    06-18 07:17 AM
    Thanks for your reply.



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  • ngopikrishnan
    04-04 09:37 PM
    Read this thread: http://immigrationvoice.org/forum/showthread.php?t=16773

    FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.





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  • shana04
    01-09 12:00 AM
    We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.

    Nothing has been shared with us till I-140 approval.

    Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.

    I still doubt that USCIS will expect me to have these documents.

    Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?

    I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???

    One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.

    There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).

    One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.

    After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)

    To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.

    Good luck.



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  • doggy
    07-22 06:44 PM
    How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
    Am i missing something?
    Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf

    You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.





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  • kart2007
    10-07 11:01 AM
    Hello,

    I am in exactly the same situation. I have received my renewal EAD but my spouse hasn't. Her EAD expires 4th November. USCIS told me to call back on 11th Oct which is 30 days after they sent it. I do not want to wait till 11th. I am pretty sure its lost in the mail.

    She is going to get a job offer next week, will she have any problems due to the fact that her EAD expires within 30 days?

    Also whats the best thing for me to do now?

    Please advise.



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  • immigrationvoice1
    04-03 06:56 PM
    I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
    please advice

    thanks
    gcwant

    120 days (maximum) from the date of expiry of your EAD. The same applies for AP, if I am not wrong.





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  • krishmunn
    02-15 10:58 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?



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  • HRPRO
    02-23 11:28 AM
    ARC,

    My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.





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  • buehler
    03-05 09:18 PM
    Wells Fargo might not be as bad as Citibank but is far from being considered as a stable bank.



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  • thesparky007
    04-26 07:38 PM
    ok





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  • greenguru
    06-30 12:03 PM
    Well Said, EB3 retro.

    My job title is Software Engineer, can i join another company with a different job titile.


    Cheers





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  • Prashanthi
    05-08 03:39 PM
    Based on the facts that you have given, you should be able to use 245K in this case.





    MDix
    09-13 10:10 AM
    What are the chances of piecemeal bill in this congress ( next two week)?





    greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.



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