Wednesday 15 June 2011

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  • ash0210
    05-15 12:27 PM
    Since yesterday after reading June bulletin, it seems that we are loosing "focus" now..no one is asking what discussions are going on CIR shdeuled on May 14?

    Correct me if I am wrong!!




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  • freddy22
    07-17 11:41 PM
    misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
    does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
    He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
    His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
    So does this information make any difference to your opinion?
    I thank you for responding!
    He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
    He has no priors to any of this:
    He has no convictions in any other country:
    His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
    He is 19 in November this year:
    He has never left the USA for any period of time or vacation or anything




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  • dingudi
    03-09 03:34 PM
    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.

    Please go through the following thread. This is recent:
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951

    Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.




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  • viswanadh73
    01-07 11:19 AM
    can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.



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  • javaconsultant
    03-28 01:55 PM
    This would be a very welcome change ..........

    Lets go for it.....I was watching yesterday's bill and could not find this
    provision...Correct me if I am wrong....

    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.




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  • bmoni
    07-12 03:57 PM
    Good write up . Being on EB3 you know my pain. I strongly believe if we need any change that can come through only by a lawsuit.

    pm me if you need any help from me.



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  • chnaveen
    07-07 05:11 PM
    friends,

    We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

    Thanks for your help.
    balan
    I485 Filed on July 2, 2007.

    Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
    The Primary's GC application will not be affected with the Divorce.




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  • sixburgh
    08-13 12:25 PM
    Did she get Paystub, If not you are good.

    I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

    USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.

    She did work and yes she got paystub's.
    Oh boy.
    I am deeply worried now.
    What is the corrective action for this?



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  • 21stIcon
    09-21 11:21 AM
    RTC is going to buy mortgage paper for market rate not for actual worth which would destroy banks balance sheets and dollar value.

    Housing market did not stabilize until 1995, housing picked up due to late 1990's IT boom , so RTC would not stop plunging housing market , housing correction still years away.

    anticipate sluggish GDP for years which would translate into bad income growth, housing would not improve when personal income deflates.




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  • Canadianindian
    07-08 09:55 PM
    5 star from me too :D

    Best of luck.



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  • thomachan72
    09-15 03:59 PM
    CIR will defenitely not help EB applicants. It will introduce a point system which eventually will screw up the whole system. One reason we have limited applicants to EB based GC now is that we have to be sponsored by an employer. Imagine if anybody could apply the sytem will be flooded and also there will be millions of ilegals to accomodate in some way. CIR is better dead than alive.




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  • veereddy
    03-13 12:20 PM
    Congratulations and Best Wishes to you and your family.



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  • backtoschool
    12-28 08:10 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from europe for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(




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  • green_card_curious
    03-07 04:12 PM
    Hello

    I filed concurrently for I-140 and I-485 through NIW petition; and for my wife as dependent beneficiary. I received an RFE in Dec 2008 and got a denial yesterday.

    1. Will my I-485 be denied automatically?
    2. When we appeal for I-140 decision, will the I-485 status be "pending" or will it be denied first and then activated after subsequent approval of I-140?

    PS: the reason for the rejection is unknown.

    Please respond ASAP.

    Thanks.



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  • smahwal
    08-05 12:49 PM
    My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.




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  • sbdol
    07-29 02:07 AM
    My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

    You would agree that the majority of the July gold rush comes from two sources:

    1. Those who waited till their PD becomes current.
    2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
    The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.

    The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.



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  • sk.aggarwal
    09-21 10:14 AM
    I had been a sort of similar situation. My friend and I worked for different companies through the same consulting company. After my project finished, my friend recommended me to his employer and I got a full time position and joined them. My previous employer got to know about this and sued me for stupid and fake charges. I had to hire a lawyer and defend myself and it was finally settled. During the course, I spent over 8K in attorney fees and 10K was settlement amount. Cost could have crossed 20K more in attorney fees if I would not have settled and it would have gone to litigation.

    Moral of the story: Law Suits are expressive and scumbag companies don't care. Do what you can to avoid confrontation. I am not trying to scare you but things can turn nasty. You may just want to talk to your old company and try to reason with them. Good Luck with what you do.




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  • on_h1b_since_1998
    06-20 12:15 PM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.




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  • smuggymba
    12-05 09:37 AM
    Hi All,

    We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
    The application and the supporting documents are all in place.
    We have to drive 3 hrs to the Indian Embassy.
    Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

    Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

    Thanks All.

    If in no hurry, mail the docs and pay the tatkal type fees. I used the office marker for the thumb impression, try on some other piece of paper first.




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    09-06 08:51 PM
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    panini
    03-15 01:24 PM
    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!



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