Wednesday, June 15, 2011

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  • little_willy
    08-11 02:36 PM
    As mentioned by Administrator2 to report any issues with the tracker on this thread, here are issues I found.

    1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.

    2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.

    Nice work to add this tracker...this will prevent all the different polls popping up.
    Are these issues sorted out? I still see the same problem when sorting by PD. When these problems are fixed, I am sure the tracker will be a valueable tool. I appreciate IV's effort to create such a tool for the community. Thanks.




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  • Paul McDonald (American Idol)


  • 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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  • Hong12
    12-13 11:23 AM
    I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.




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  • lskreddy
    07-30 11:22 AM
    These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.

    I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.

    But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.

    Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.



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  • Yes people, Paul and Nikki are


  • kondur_007
    08-21 08:14 PM
    Thanks for your opinions.

    Sorry, I should have included my Category EB2 and Country India in the original post.

    I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).

    I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
    I am sure there are many on the board like me, and I guess I am looking for some courage, either way.

    I would add one more thing: make sure to get an advise from a good competent lawyer, as in certain cases it is advisable to send AC21 package to USCIS and in others not. There is no clear law or memo on this. But a competent lawyer should look at everything and make that decision.

    In any case, my personal opinion is: If you have a good offer, MOVE ON. You will be just fine.

    Good Luck.




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  • sreenivas11
    06-15 04:04 PM
    USCIS Proc Times Update 06/15/09
    NSC I-485 Sept 1st 2007
    TSC I-485 Aug 17th 2007



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  • Nikki Reed and Paul McDonald


  • sunofeast_gc
    11-07 02:17 AM
    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?

    if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...

    any authentic document on AC21 releated to job change and promotion?




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  • nousername
    11-20 09:05 PM
    Sorry to hear about your situation.. Your husbands b***s should be chopped for physically abusing you..

    I'm not sure where you are based or which country you originally belong to but like in SF Bay Area (California) there is Indian Community Center which on Sunday's offer free legal advice. Here is the link Free Legal Clinic | Indiacc Home (http://www.indiacc.org/legal_clinic)

    You might have something like this around you live..

    Good luck.

    Help!
    I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

    I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

    I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

    Many thanks in advance for all help and advice.

    P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.



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  • Idol#39;s#39; Paul McDonald


  • vjkypally
    09-14 04:48 PM
    Seeing the interest for this Poll I think most 2004 cases are already approved. Remaining should be cleared this month or next month for sure.




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  • bskrishna
    06-09 11:49 AM
    Thanks a lot for the VISA issue....

    Cant i travel via Germany to India with stolen visa issue ?

    Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
    You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow



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  • GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.




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  • shantanup
    05-28 01:12 PM
    Go and talk to your local congressman about your situation. Ask him / her to do something to solve this problem. You have a genuine case. He / she has to respond.



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  • mnq1979
    05-21 03:02 PM
    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?

    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?




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  • WeShallOvercome
    12-26 03:27 PM
    I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?

    ;)


    Check out the USCIS headquarters and look for the junk yard there..



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  • absaarkhan
    01-31 04:07 PM
    Advance Parole should be Approved when the Beneficiary is in US.

    Per Law Advance Parole Can be Used ONLY WHEN IT IS Approved when the Beneficiary is in US.
    Thats the Opinion of Sheela Murthy and Rajiv Khanna too.




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  • retropain
    08-14 02:07 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.



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  • gc_chahiye
    12-18 11:32 PM
    Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....

    Any sugessions.....???

    Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.

    Thanks,
    M

    staying on H1 is always recomended as it gives you a safety net... Its your call.. If you are joining a company that does provide the H1 option, go for it.
    LC substitution is dead. The rule limiting LC to 180 days came in the same set of regulations that banned LC substitutions, hence maybe the confusion, however the two are NOT tied. LCs are valid for 180 days period.
    See http://www.murthy.com/nflash/nf_051607.html




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  • thamizhan
    07-18 10:51 AM
    I think you missed the USCIS update. You can file till Aug 17th. So its the same amount of time one month from now.

    I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.

    Correct me If I'm wrong.




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  • deecha
    02-26 02:28 PM
    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.



    __________________
    Not a legal advice.

    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.




    vandanaverdia
    09-11 12:58 PM
    There is very little time & lots to achieve.
    Calling all Washingtonians & Oregonians....




    eb3retro
    06-17 01:20 PM
    Hello,
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.


    hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...



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