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  • lord_labaku
    11-17 12:04 PM
    Yes. layoffs and labor certs dont mix well. esp. if an american or GC holder worker with the same position as u is laid off.

    It does make sense at a labor cert level...but if u look at this long drawn GC process of 6+ years....it is unfair to the potential immigrant as he is seeking GC for future employment. This is when a point based system like Canada does makes sense....even when economy is down...u continue to immigrate people who are still needed because of their critical skills.





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  • bluez25
    08-26 02:09 PM
    Yes.. I did my medicals done as soon I landed there. Got all the appoinments for the medicals before I started from here and the first thing I did was medicals.

    Regarding the marriage certificate, I gave the marriage registration copy given by registrar. If the marriage certificate is in native langauage, they will not accept and they probably will need a translation affidavit. Please check the local Consulate for the exact format.

    Yes.. I got in luckily 2.5 years. My priority date was feb 2006 and Eb2 category. I applied for CP when I applied for my i140 itself.





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  • GCOP
    04-20 02:47 PM
    I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.





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  • Aah_GC
    06-06 09:13 PM
    Don't worry about your I140 getting revoked, AC21 is built for your career, security and comfort keeping in mind the USCIS delays. Go ahead and use it and Good luck. Make sure you are careful with SOC codes, and do a good job of keeping your status and career in accordance with the rules. The rest will take care of itself.
    If you are sure about your I140 getting revoked, make sure you let USCIS know of your AC21 portability. Good luck.



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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • tonyHK12
    01-11 09:28 AM
    The second part also sounds pretty reasonable to me:


    This PAV would be issued upon successful completion of an application process that would involve the following:

    1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
    2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
    3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
    4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
    5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.

    The Permanent Administrative Visa would carry with it the following authorizations:

    1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
    2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;

    The Permanent Administrative Visa would carry with it the following prohibitions:

    1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
    2. Holding an PAV would not imply any safe harbor for applicant's family members;
    3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
    4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.

    A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:

    1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
    2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.



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  • arihant
    03-14 02:09 PM
    My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.





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  • visafreedom
    07-03 11:39 AM
    Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...

    Dont tell me you never take vacation ;-) If that is true, I will hire you.



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  • nk2006
    05-11 10:13 AM
    As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.

    Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.

    Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.





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  • somegchuh
    06-11 12:49 PM
    I assume you mean "Be prepared for some grilling ....".
    I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

    For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.



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  • rayoflight
    09-24 01:40 PM
    ... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.

    Cheers,
    Rayoflight





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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21



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  • punjabi77
    08-08 10:11 AM
    Calgirl,

    In my case, i was told to wait for 90 days from the date EAD was filed. USCIS did not help me. So After more than 90 days. i called Senator office. Within a week or so they sent me a letter saying that they have contacted the TSC office and they will let me know when they hear from them.
    Then in about another month, they sent me letter, which in turn had a reply from TSC office, saying that my application is pending due to background check (something like that).
    So then i came to know what is wrong with my application. Mind it, i am talking about my EAD, 485 is still out of picture. Now every senator has an Immigration department and the person in that dpt follows-up with individual cases. Even TSC offices take some time to respond to Senator office's email. But atleast they have to respond back. If we call, they just give us a hard time.





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  • Jaime
    09-14 02:30 PM
    bump



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  • prem_goel
    12-03 10:24 PM
    I have...
    Frist stamp from INDIA (home country),
    2 Visa Stamps from Washington DC
    Last stamping from Matamoros (Mexico)
    Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?

    YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.

    I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.





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  • legal_la
    06-25 03:39 PM
    Guys,


    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree

    I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.

    May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.



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  • rajuram
    01-15 01:47 AM
    I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.





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  • jfredr
    07-27 09:00 AM
    can someone please throw some light if any idea





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  • slc_ut
    01-16 10:38 PM
    Hello,

    To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

    slc_ut





    pbojja
    03-30 11:30 PM
    Congratulations !! When was your last FP done ? Did you get the second FP ?

    Thanks ..October 2007 . No second FP





    amitjoey
    06-18 11:43 AM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Yes, Please work on getting the letter and replying to the RFE, But that should not stop you from filing I-485. Pending I-140 is okay for I-485.



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