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  • kate123
    04-07 09:38 AM
    Kate, do you personally know the two cases? Just curious. Thanks!

    I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)





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  • desi485
    12-21 06:32 PM
    looks like ur first post. Its not advisable to move before 180 days. If at all you have to do it, take your current employer in confidence.





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  • supreet
    05-15 12:46 AM
    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S





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  • mhkumar
    03-25 02:23 PM
    Everyone please create your own account at http://www.whitehouse.gov/OpenForQuestions/ (search with keyword immigration), and vote for all the questions favoring legal immigration so that those question will get more attention.



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  • hsingh82
    04-28 12:09 AM
    Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?

    Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.





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  • raysaikat
    07-13 01:15 AM
    Hi Ann:

    I would like to ask related questions in this thread..

    what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
    If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
    Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?

    Many many thanks for your response...

    You must be physically present in US to submit I-485.



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  • newbee7
    07-05 07:26 AM
    Ombudsman had correctly predicted this fiasco back in June before the dates were made current:

    There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
    USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.





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  • regacct
    11-23 01:27 PM
    Why the Anti-immigrant Dog Did Not Bark in Illinois (http://www.huffingtonpost.com/robert-creamer/why-the-anti-immigrant-do_b_787368.html)

    In the Sherlock Holmes short story "Silver Blaze" the famous detective focuses his analytic prowess on the "curious incident" of the dog that did not bark in the nighttime.

    In the recent mid-term elections there was a similar "curious incident" in Illinois that is important nationally. No major candidate in Illinois from either the Republican or Democratic Party demagogued the immigration issue. Neither the ultra-conservative Republican candidate for Governor, Bill Brady, nor the supposedly "moderate" candidate for Senate, Mark Kirk, ran ads, did mailers, or used talking points about the supposed scourge of illegal immigrants taking jobs or sponging up our tax money. Nor did any major candidate for Congress.

    It is definitely true that a number of the Republican candidates that were elected to Congressional seats hold anti-immigrant positions. But they did not choose to use those positions as wedge issues in the recent election. Why not?

    A possible explanation is that Republicans in Illinois are a kinder, more reasonable group than Republicans elsewhere. That, I'm afraid, does not pass the laugh test.

    You could argue that it's because Illinois has a large immigrant population in general and a large Latino population in particular. But so do Colorado, Nevada, Arizona and California where Republican Party candidates tried to use "illegal immigration" and "amnesty" as wedge issues to galvanize their base.

    It is true that Illinois has a more immigrant-friendly tradition than some of the states in the Southwest. Much of the Caucasian population in Illinois comes from recent immigrant stock themselves - from Ireland, Poland, Lithuania, Italy, Germany, Croatia and Serbia.

    But there is also a more old-fashioned reason. Demagogues and bullies tend to prey upon those whom they consider too weak to strike back. It turned out that in Nevada, California, and Colorado they made the wrong call, since their demagoguery galvanized turnout among Latino voters that defeated right-wing candidates for the Senate.

    In fact, the Latino vote saved the Senate for the Democrats.

    But in Illinois the right didn't even try their demagogic tactics. That's largely because the immigrant communities in Illinois have worked hard over five election cycles to build a muscular political organizing vehicle that gets out the immigrant vote -- and can bite back fiercely at anti-immigrant demagogues.

    In 2008, Jim Oberweis ran for Congress against Democrat Bill Foster on a heavily anti-immigrant platform and was flattened by the Illinois Coalition for Immigrant and Refugee Rights. That experience sent a lesson through Illinois' right-wing political class. Nothing like watching one of their own get scalded to teach others not to touch the stove.

    The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) no leads The New Americans' Democracy Project . This year, 13 electoral organizers worked for months in both the City of Chicago and the Suburbs. They targeted 133,128 infrequent immigrant voters for a multi-contact phone and door operation, and before the election was done the volunteers they recruited did a total of 549,000 live phone calls to their universe of Latino, Asian and Muslim voters.

    This work has been growing in scale and bite since 2002 when it began with no funding and in only nine precincts. At this point the immigrant vote can no longer be ignored by either party. Here are several key lessons from the Illinois immigrant organizing experience:

    1) Consistency Counts: ICIRR has had between 10 and 20 full-time immigrant election campaign organizers every election since 2004. They begin their work in July and work through November, building a "recent immigrant" field operation. In every single cycle they add new skills to their electoral organizing.

    2) Numbers Count: The immigrant voter program has registered over 90,000 new immigrant voters. They door-knock between 35,000 and 60,000 doors every election cycle.

    3) Diversity is Strength: The Democracy Project works with leaders and organizations in Latino community, but also the Asian, Arab, and Polish immigrant communities.

    4) Mine the "Base" and work the "Swings": The electoral work is done in the immigrant "base" Chicago port of entry neighborhoods to generate numbers, but also in swing suburban political districts where multi-ethnic immigrant organizing multiplies the voting power of Latinos. The activation of new immigrant voters in suburban "swing" communities forces Republican attention to immigrant issues.

    5) Reward Friends, Punish Enemies: ICIRR keeps track of who engages in immigrant bashing -- and stikes back. When Republican anti-immigrant candidate Jim Oberweis polarized voters against "illegal immigrants", ICIRR released to the media a film of undocumented immigrants cleaning his business while being paid only $3.23 an hour. When old-school Democratic Mayor of Waukegan, IL attacked "illegals" with local law enforcement of immigration laws, he went down to defeat in the next election because Latinos in Waukegan mobilized to support his opponent.

    6) Naturalize, Naturalize, Naturalize: ICIRR has one of the most aggressive citizenship programs in the nation. All told, an additional 170,000 immigrants were naturalized in Illinois over the last five years. The coalition itself directly assisted over 48,000 of those legal immigrants to become citizens, and thus voters.

    ICIRR is not a partisan organization. In fact, their most recent fundraiser was headlined by the popular former Republican Governor Jim Edgar. But because of the track record of Republicans across the country, its organizing definitely benefits Democrats. In fact, Democratic Governor Pat Quinn - who won by fewer than 20,000 votes -- would not likely have been re-elected had it not been for their work.
    On the policy side, ICIRR works for immigrant-friendly policies, and by any definition they have succeeded in winning some of the most immigrant-friendly policies in the nation at the state level in Illinois.

    The state of Illinois leans Blue, but it has wide swatches of Red. In the recent elections the Democrats barely lost the Senate race and took some terrible losses in the Congressional delegation. But in addition to electing a Democratic Governor, both the State House and Senate remained in Democratic hands. The immigrant vote was critical to these Democratic victories, but it is also a force that Republicans ignore or abuse at their peril. In this election, at least, Illinois Republicans generally had the good sense not to bait the immigrant community.

    In the current environment of racialized fear and polarization against immigrants across the U.S., the hard work of immigrant advocates in Illinois provides two key lessons:

    * Demagogues go after the weak, not the strong. You don't stop anti-immigrant demagoguery through accommodation, you stop it with strength.

    * Nuts and Bolts Organizing works.



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  • vallabhu
    05-29 10:21 PM
    Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

    try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.





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  • gsc999
    01-07 03:23 AM
    Many "promotions" offered by many corporations have this "condition" of winner being a "legal resident." I guess, maybe, H1B will come under that. GC is premanent resident. But here Toy R Us got caught between the fine print and being politically correct.



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  • thomachan72
    11-23 02:40 PM
    Makes perfect sense. Hopefully one day Indian and chinese EB applicants will have the complete backing of the immigrant citizens from these countries. If that happens then EB voice will be heard. Until then we can take comfort in reading such articles:o:o





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  • bablata2007
    11-27 04:29 PM
    Is this a feasible option? Incase I lose the job, can I change to H4 status based on my wife's H1B? Then wait out the 180 days period and get back to another job?



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  • jthomas
    05-15 01:08 AM
    I am not sure but i don't think you should have any problem when applying for ARRA nor unemployment. In CA the employer pays 220 dollars(2/3) and i have to pay $100 per month(1/3) . The employer gets 2/3 of the paid insurance by claiming on tax return. I think it is a federal benifit added by Obama during this recession.
    however you would 90 days time to think if you want to take AARA.

    Also check with your immigration attorney as well as other IV members.

    Source:-
    I am laid off from last 7 weeks. I did not take ARRA since i don't think i would be sick till i get another job. If i am sick i can still manage with local desi/mexician doctors who charge a small fee. I took unemployment Insurance and i am getting unemployment cheques. The only change is that instead of offering 54 weeks (as in CA) they are offering around 28 weeks since we don't have green card/citizenship.
    One of the IV member, I know took Uninsurance benifits. He got 30 weeks of UI whereas the state gives 59 weeks of UI.
    the extended UI is a part of federal benifits and we don't get it. Unemployment is a insurance and we are paying from every paycheck we get.
    If you are thinking of taking UI please PM me for more information.

    J thomas


    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S





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  • singhsa3
    10-21 07:48 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
    Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"



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  • GCard_Dream
    04-06 11:51 AM
    I know some of you can answer this in your sleep. You guys are that knowledgable. Care to help?

    I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?





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  • venetian
    07-06 03:30 PM
    Thanks again for the responses.

    Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.

    Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com

    MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)


    An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

    An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

    If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

    An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.



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  • prom2
    11-26 10:30 AM
    I saw in four Jun filers approvals at TSC dated 11/24.

    Good luck





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  • rssm10
    06-01 02:37 PM
    I have got the I-485 denial notice. I am the primary applicant and my wife is dependent application. The denial notice was based on an RFE which was not responded (Basically neither my lawyer nor ourselves received the RFE notice, we directly
    received the denial notice). Before we got the 485 denial notice, our status are as follows:
    Myself : WOrking on H1 B (Primary Applicant)
    Wife : Working on EAD.

    Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.

    1)Can my wife continue to work on EAD ?
    2)What is the status of the EAD now ?
    3)Should we have to wait for the case to be reopened before she can join work on EAD ?





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  • dpp
    08-02 12:56 PM
    FedEx is the best shipping company for both domestic and international.

    DHL is worse than UPS.

    It is in this order

    FedEX
    UPS
    DHL

    I have very very bad experiance with DHL.





    eastindia
    01-13 07:38 AM
    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.

    Ha Ha ;):D:o:):(:confused:

    Stop this spreading without proof.





    kondur_007
    05-12 01:45 PM
    The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)

    While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.

    Bottom line: get a consultation from a good attorney before giving it up.

    Good Luck.