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Saturday, June 18, 2011

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  • adibhatla
    02-19 04:41 PM
    Just a small addition to your point 4.

    MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.

    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...





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  • arunkotte
    07-17 10:40 AM
    Looks like they took it off.





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  • Soul
    02-09 12:15 PM
    Thanks Big K :ub:

    - Soul :goatee:





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  • apt29
    08-12 04:52 PM
    A little unrelated question but couldn't find the the right thread to post it...

    What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?

    Another similar Question:
    do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.



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  • ek_bechara
    07-08 02:50 PM
    Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.

    I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.

    Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.

    Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.

    Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.

    Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.





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  • desi485
    01-04 03:09 PM
    So do you mean to say that this is allowed in India? I mean polygamy. I never knew that.

    Muslims (around 20% minority) have this special law accepted by indian democratic government. In fact persons from muslim community can marry upto 4 wives at a time. However I haven't seen this as a common practice. Not sure if that law is changed recently. I guess No other religion is allowed to do so in india. I remember reading some cases in newspaper where people from different religion have converted just to legally marry more than one persons in india.



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  • JazzByTheBay
    09-04 08:24 PM
    - best place to stay, hopefully in proximity to the rally start point
    - best return flight time to get back
    - do I need to rent a car?

    Guys what airline could one fly from San Jose? Which one have best connecting times so one can reach and leave at decent time? which airport is close?

    Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?

    :confused:





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  • GCBy3000
    07-27 09:35 PM
    Instead of calling NEB center daily, contribute to IV if you have not already done so. If you done so, update your signature.

    Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
    Hope this helps
    Thanks



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  • krishna_brc
    06-24 04:19 PM
    Date


    To,
    The Immigration Officer,
    USCIS,
    (processing center address)


    Re: Application for Travel Document.


    Dear Sir/Madam,

    This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.

    I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.

    Attached are the supporting documents. Please feel free to contact me if you need any additional information.

    Documents Attached:
    I-765 Receipt Notice
    Passport copy
    I-94 copy
    I-485 - Receipt Notice
    Previous Travel Document copy
    Drivers License copy


    Thanks,

    Name
    Address
    Phone
    Email
    I- 485 Receipt Number XXXXXXXXXXX





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  • santb1975
    01-11 08:37 AM
    Real threads have to stay on top



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  • telekinesis
    02-11 03:41 PM
    Who will be the tie breaker :cowboy:





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  • kaisersose
    06-05 03:27 PM
    Thanks KS !! but is it a law or did they create their own rules ? I know I am day dreaming here ...but if they were to push (the worst category) EB3 - I in this case so that it is somewhere in 2003 then it would make their system look better ..i.e. instead of giving people a chance to say that USCIS is broken they could say ..people will get GC's in 4 -5 years time.

    Check the Family based 4th Category for Phillipines. It is stuck in 1986 for a long time now. That is they have pending applications from 22 years ago.

    I don't think they have any interest in making their system look better. It is what it is.



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  • anilsal
    12-21 11:50 PM
    All the Junior members. You asked your question and made yourself known.

    Can I ask a simple question? Have you contributed or planning to do? Even a simple $20 contribution will go a long way in helping IV(I know you are capable of contributing in excess of $20 because you earn well). Don't be shy. Use Paypal.





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  • anshal
    12-30 08:13 PM
    R u serious? Is this really a serious question??? R u soooooooooo desperate to change ur employer that u cant wait for one more day? And that too a holiday...LOL joke of the day!!!
    31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?



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  • 485InDreams
    09-19 03:19 PM
    I believe, This will create some pressure on Strive Act.....





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  • Berkeleybee
    02-10 02:59 PM
    All,

    We have a head start on Northern CA lawmakers, but we'd like to galvanize the rest of the state.

    We have an excel spreadsheet with the district office info of every CA congressperson. We should just start going through that list and meeting at least a lawmaker or two a week in every sub-region.

    It would be great if members from Southern CA and Central CA would get involved. Dial-in to the weekly conference call on Thursdays, and find out how we put a lawmaker meeting together, what works and what doesn't, what to take etc.

    Also, if you go to the Resources section of the website -- you'll see the new presentation and edited brochure. Check them out and prepare yourself for conversations with legislators and potential members.

    Join the crusade people!

    Berkeleybee



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  • NKR
    02-12 09:54 AM
    It's UNJUST(ified) business





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  • gmpa
    01-11 11:28 AM
    I sent letters to the President and IV.





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  • meg_z
    11-17 10:46 AM
    I got a quote and passed the physicals, and only two months later was told the underwriter doubled the premium because I did not have green card.
    could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

    infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

    - mortgage rates are one.

    For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.





    H1bslave
    11-19 01:56 PM
    Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
    I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
    any leads?





    kode
    02-02 06:16 PM
    yeah ! i really like one entry and i wanna vote for it !! :*(

    PS: good luck everyone ;)



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