Monday, June 13, 2011

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  • go_guy123
    07-14 12:45 PM
    I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?

    No issues. You can have EB, Family based and Diversity lottery GC (if applicable) simultaneously.





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  • krishna_brc
    01-29 12:47 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.





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  • tanu_75
    02-09 03:43 AM
    The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.

    Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)

    Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.





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  • jcrajput
    12-31 10:28 AM
    Thank you.



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  • swo
    08-03 07:46 PM
    Yet more people trying to find a way to jump the queue, adding to the number of applications that need to be processed.

    It never ends.





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  • ronhira
    10-11 07:41 PM
    poorslumdog is tunnel rat



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  • p_aluri
    11-09 03:13 PM
    Your Employer is wrong. USCIS won't send I-94 in separate mail.

    As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.

    Your wife need to go out of the US and get it stamped before start working.

    At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.

    Again I am not an attorney...

    Please talk to attorney for further clarifications.

    All The Best.........



    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated





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  • seahawks
    04-28 11:13 AM
    depends on how you filed it, if its premium processing, you get a decision in 4 to 6 days.. amazing what an extra 1000 dollars can do. I waited 4 years to get my labor approved and I-140 in 14 days with premium processing.



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  • va_labor2002
    06-16 01:22 PM
    Excellent idea. Please talk to the Core team.
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?





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  • satishku_2000
    08-27 04:53 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.

    Depends on who is primary and who is secondary. I asssume its an EB case because you mention 140.



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  • jsb
    10-21 11:30 PM
    ...
    ...
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current....
    IK

    You don't add your wife's name to your I-485. She sends her own I-485. Of course, she can only send it in a month when your PD is Current. She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.





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  • bekugc
    07-18 03:08 PM
    These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)

    if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!

    if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.

    :-) why get mad and just blame one person?



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  • h4_optimist
    05-06 12:47 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.





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  • vavuvya
    11-18 12:07 PM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.

    Hi,

    Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.

    Notice Type : Premium Processing Receipt notice

    Amount Received : $ 1475.00
    Section : Mem of profession w/adv deg,or of exceptn'l ability
    Sec .203(b)(2)

    Can some one please helpme out in this regard.

    Thanks in Advance,
    Vavuvya.



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  • sent4dc
    08-26 04:28 AM
    Thanks for the insight guys!
    What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?

    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?





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  • shreekhand
    05-16 09:18 AM
    Needs no signature and is mailed by regular first-class mail, in a simple small size white envelope without any USCIS markings.

    Most certainly you can have it mailed outside or have someone carry it for you outside the US. It is not a passport and US law does not prohibit mailing the GC internationally.



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  • funny
    08-13 04:10 PM
    ^bump^





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  • Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?

    No.

    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically
    approved?

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.


    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
    investor?

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.




    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)





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  • MrWaitingGC
    09-08 07:18 PM
    MannyD

    I like the way you implemeted the voting. But when my friend tried to vote he cannot see radio buttons to vote. Even I cannot see. Can you please check.

    Please implement PD and Dependents ASAP. Stick this link on main page so that we can refer easily to our friends.

    This will be sure a success down the line





    ca_immigrant
    05-14 11:40 AM
    So, this so called nice card...how does it come?

    I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?

    I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)

    Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)

    So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....

    Thanks for your replies Folks !!





    harikris
    05-10 09:40 AM
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    (Translation: An ideal mind is a devils workshop)



    .

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