Saturday, June 25, 2011

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  • bluez25
    07-26 02:45 PM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?


    Please give me some directions.




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  • conchshell
    07-29 11:00 PM
    We have to understand one thing clearly. Whether we support amnesty or not ... at any given point we will find an uphill battle called CHC in front of us. Even after a new president gets elected, this congress is gonna have same composition for next three years. CHC understands it well that with a delayed legal immigration reform, US competitivness gets affected, and that's why they do not want to loose this opportunity to get amnesty for "undocumented workers".

    So even after the election when new administration takes on immigration reform, CHC (with the help of all like minded Hispanic organizations) will always put hurdles for legal immigration reform to get the amnesty. In that entire brohaha, what compromise comes out ... no one can guess!! Its quite a possibility that "undocumented workers" may be placed in front of us for a GC, afterall politics is an art to make the impossible possible.

    My gutt feeling is that CHC will not make any compromise before elections, because it has a fear of loosing Hispanic votes. Its more likely that they will sing a compromise note after the elections, but upto what extent they will be flexible only time will tell. Meanwhile, we can run flower or phone campaign, but this will not have any impact on CHC.

    So we may take any stand, we may fight CHC, we may shake hand with CHC, or we may stand without any stand on this issue ... ultimately we will face this brick wall called CHC sooner or later.




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  • stxvr
    07-20 12:12 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?




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  • mnkaushik
    06-04 04:57 PM
    Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.



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  • sgorla
    02-20 03:30 PM
    Out of 105960 filed applications, 79,782 applications have been certified, and Indians have 22,298, which is almost 28 % (DOL certified EB petitions).


    I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :

    Total : 105960
    India : 26636 = 25.2%
    China : 8222 = 7.75%

    No wonder china is moving faster in the EB categories




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  • shaikhshehzadali
    07-16 07:16 PM
    Lets not count the chickens before they are hatched. Its entirely plausible that if anything favourable comes up, its due to combined efforts. Lets not fight out yet, as if we havent seen anything concrete yet.

    cheers


    It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....

    People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...

    I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..



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  • gc_on_demand
    06-12 09:55 AM
    Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
    You should find another job asap.
    If you cannot, then leave the country. If you overstay you will be illegal.

    And if you are an anti-immigrant posting on this site to provoke people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop coming to this site and try to malign law abiding people. Got it.

    If there is a counter american available for your job then you shoul leave that company and find another job if you cannot find then leave counrty. Bset of luck in your job search.




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  • Rakson
    03-01 12:25 PM
    Another front to think about :

    Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.

    So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.


    You have added important point for consideration. Thanks!



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  • villamonte6100
    10-05 10:49 AM
    hi, Do you know: How recent, which nationality, when was his/her aos filed

    Sheela, you must be an aussie?




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  • indianindian2006
    09-16 04:29 PM
    Called again and made a few friends call.



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  • qualified_trash
    11-30 09:56 AM
    if you have an approved I140, you can get a 3 year H1 extension. Just make sure that your new employer does PERM + I140 ASAP and you can retain your PD.

    industry, job description, qualification etc., only come into the picture if a substitute labor is being considered.

    also, make sure you speak with a lawyer.




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  • willwin
    07-15 05:10 PM
    I got my PCC in San Francisco Indian Consulate last year assuming that I might get the appointment. but never happened until now. I am not sure that is still valid PCC. I might have to go to India and then apply for a new one from the local police station.

    Is it not much easier to get the PCC renewed (basically a new PCC from here)?



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  • bmoni
    01-22 04:33 PM
    Talk to your attorney. I think recent supreme court rule gives us the ability to appeal it. If it was an wrongful denial.

    Don't lose your hope. Keep up the fight.




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  • krajani2007
    12-14 12:11 AM
    Cross country chargeability worked for me but you have to be persistent in sending the docs couple of times ; call them or take an appointment with IO as last resort. I got it in 3 months after using this option. I had an RFE for using AC21 but finally got it approved



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  • h1b_holder
    03-15 11:20 PM
    can someone please give me some advices about this situation?

    I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
    Nothing changed in 2007, and I didn't leave US at all.
    Then in June 2008, my visa status changed to H1B (and H4 for spouse).
    I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
    Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
    I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)

    My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.




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  • bazuka6
    09-01 11:41 AM
    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).

    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485



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  • pt326bc
    09-27 10:36 AM
    Same issue with me.
    Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
    I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
    BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
    Don't know what that means.
    Will keep you guys updated with whatever my lawyer sends me back.
    Regards.




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  • fatjoe
    09-02 10:57 PM
    Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.




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  • rishikesh75
    11-09 10:47 AM
    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94’s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]




    Rakson
    03-03 06:58 PM
    You have added important point for consideration. Thanks!


    I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

    A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?

    Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

    Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

    Rajeev >> Yes, its possible if revoke is not due to fraud filing..

    1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

    Rajeev >> No, this is not true. USCIS is still approving as before.

    2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

    Rajeev >> Yes, this could happen as every filing is new and handled from starting.

    3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

    Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

    4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

    Rajeev >> No, L2+EAD period is not counted like H1 & L1.




    intheyan
    08-20 02:34 PM
    The same here. The primary got approved and the dependent is still pending.



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