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  • nhfirefighter13
    May 31st, 2004, 05:27 PM
    AFLACK!Nice photos! I like ducks...they taste good. :p





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  • vikki76
    04-10 10:28 PM
    My company lawyer had advised me that it is perfectly legal to do moonlighting using EAD card while holding down permanent job on H1-B.





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  • gogreen39
    07-24 06:53 PM
    Thanks Canadian_Dream and mrcmic!

    I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
    Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...

    SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)

    Anybody else in the same boat?? Please let us know so that we can track each other's progress.

    Thanks once again!





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  • GCBoy786
    08-17 12:50 AM
    We got "Approval Notice Sent" emails 6 days back. I received my EAD 3 days back but haven't received my wife's yet.

    Has anyone filed for Replacement EAD? Do we need to wait 30 days from the date we received the approval email? How long does it take usually to receive a Replacement card?

    Please share your experiences.
    Thanks.



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  • OLDMONK
    07-06 01:07 PM
    Herndon, Va.: Good Afternoon Kelly, I am tried to ask the same question to previous reporters today in the discussion, but no one replied can kindly advice on this

    Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.

    My Question is why is media acting like an Ostrich on this issue? Answers anyone??

    FYI Some individuals and distinguished senators are on top of this already.

    Suit Planned Over Visas for the Highly Skilled (The New York Times, July 6)

    Rep. Lofgren Issues Statement on Updated Visa Bulletin (Press Release, July 3)

    Answered:
    John Kelly: Well I don't see that it's totally been ignored. And as you mentioned, there IS a story in the New York Times today. I don't know why this particular wrinkle might not have been covered as much as some might like, but I imagine the crush of other news might be partly to blame.





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  • sammyb
    10-09 04:24 PM
    E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.



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  • LONGGCQUE
    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    +++++++++
    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�


    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�


    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�


    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
    +++++++++





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  • jthomas
    03-27 02:55 PM
    EAD needs same or similar job requirement as petitioned in your labor.

    With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.



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  • getta05
    03-27 03:06 PM
    I dont understand.
    Why is it limited to 5%?





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  • priderock
    06-20 05:44 PM
    its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.

    As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.

    There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:

    What blood tests need to be done (apart from HIV and Siphyllis)?



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  • uma001
    11-04 04:35 PM
    From 1998 - till date, How many times EB3 priority dates were made current





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  • tdasara
    02-08 08:58 AM
    L1A - Multinational managers
    L1b - specialized foreign worker on intracompany transfer.

    You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.

    Most of us work for US companies who do not have branches overseas!



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  • makemygc
    04-02 09:31 PM
    Hi Desiguy786,
    I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.



    Hi Satyasaich,

    I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.



    In short, My RFE is asking for..
    Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

    Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

    Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

    No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..





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  • Administrator2
    12-09 11:38 AM
    Is there any hope for us...

    There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.

    Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.

    But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.

    Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.



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  • chacha
    03-05 02:33 PM
    I'm assuming you are Indian like most of us on this site. remember THIS country would be in big trouble with Indians working in all kinds of institutions working in the sciences and IT. The whole country would go down the pan. I work for an IT recruitment firm, 80% of our employees that are out on assignment are Indian and i think the govenment knows that..





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  • fittan
    09-18 11:18 AM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.



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  • nozerd
    04-09 12:11 PM
    Yes I have been in US since 1991. Here is my story.

    1991 1996 - Did Bachelors in US.

    1996 -1998 - Masters

    1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.

    Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.

    I wont really believe till I have card in my hand. Difficult to trust USCIS.

    If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.





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  • rockstart
    08-12 01:35 PM
    There is a memo released by USCIS dated in 2008 that covers all these scenarios about 245(k). They have defined the condtions that can be defined as unlawful status, Unlawful presence and violation of status. So you need to look at what category you fall under. Also the only way to wipe out your previous violation is to Re-Enter on a valid VISA. Not AP not any other method but on a valid VISA.

    Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details





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  • Humhongekamyab
    09-25 02:14 PM
    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.

    Do you mind sharing the name of your lawyer?





    sravani
    05-11 06:00 PM
    here is another questions I need to ask, if anyone can plz get them answered it will be great.

    1. There was I-94 attached which was also lost. Recently, we transferred H-4 to iGate, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?

    It's important to keep the arrival i-94 document. You can use the following document to get the I-94 from Department of Homeland Security.

    http://www.uscis.gov/files/form/i-102.pdf





    nousername
    02-25 04:35 PM
    You are wrong, H1 by it's definition is a dual intent visa. On the other hand F1 is where it is assumed that you will go back after completing your education.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.