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  • gjoe
    02-04 04:36 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport




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  • WAIT_FOR_EVER_GC
    07-24 09:12 AM
    xbcsd




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  • unknown123
    10-24 11:28 AM
    I claimed my parents as dependents. You only need ITIN and have to do paper filing first time....




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  • dealsnet
    03-05 02:26 PM
    You didn't mentioned, how you are going to file AOS.
    Is it employment based? or family based.?
    If employment based, please fill your info.


    I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

    I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

    1. Buying/selling stuff online under my business name
    2. Contract work/1099's- built website templates for clients

    I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

    On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

    My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

    Thank you.



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  • waitin_toolong
    01-15 10:39 AM
    To reeneter you need approved I-797 of the employer that you will be working for as well as unexpired H1 stamp. Stamp can be for the other employer as long as it is not expired.

    You cannot eneter using the receipt, you need approval. So if it seems to be taking a long time to get approval go ahead and upgrade your petition to premium




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  • GoneSouth
    03-21 10:40 AM
    Hi Nickhil,

    See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

    You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

    With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

    - gs



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  • Asian
    05-30 02:07 PM
    As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

    That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

    Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

    It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

    Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

    If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.

    These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

    Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.




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  • Sakthisagar
    12-01 02:44 PM
    Issues facing the 2010 lame-duck session of Congress - The Washington Post (http://www.washingtonpost.com/wp-srv/politics/lameduck/index.html)

    1. Tax cuts
    The most pressing issue in the lame-duck Congress sounds, at first glance, like a typo.

    The federal government spends more money than it takes in. The two parties both agree that this is bad. Here�s what they can�t agree on: How much less should the government take in, in the years to come?

    The debate is about income tax cuts, passed under President George W. Bush, which are due to expire Dec. 31. If that happens, a single person earning $46,000 a year might see his or her taxes jump $400, according to the nonprofit Tax Policy Center. A married couple earning a total of $440,000, on the other hand, might see an increase of $20,000.

    Most Democrats want to extend tax cuts covering up to the first $250,000 that a family earns in a year. Republican leaders want to keep all the tax cuts, including those on income above $250,000. In a recession, they say, it doesn�t make sense to cut anyone�s taxes.

    Congress and the president could agree to a temporary truce, extending all the tax cuts for a few years only. Or, as some Democrats have suggested recently, they could agree to keep tax cuts on incomes less than $1 million.


    2. The New START treaty
    The point of this U.S.-Russia treaty, signed but not yet ratified, is to continue the slow nuclear stand-down that has followed the Cold War. The two nations would agree to cut deployed long-range nuclear weapons by up to 30 percent and to allow each other to inspect the remaining stockpiles.

    The prevention of nuclear armageddon still enjoys wide support on Capitol Hill.

    But this treaty does not.

    New START must be ratified by two-thirds of the Senate. That was no problem for two past treaties: the first Strategic Arms Reduction Treaty, signed in 1992 by President George H.W. Bush, and the �Moscow Treaty,� signed in 2003 by President George W. Bush.

    But now, Sen. John Kyl (Ariz.), the chamber�s second-ranking Republican, has held up the treaty�s passage. Kyl has said he wants more guarantees that the government will properly maintain the nuclear weapons that remain. He also thinks that the lame-duck session is too short a time to consider the issue.

    The White House is now trying to work around Kyl to win over nine other Republican. If it can�t, there will be more Republicans � and perhaps more support for denying Obama a foreign policy win � in January.


    3. �Don�t ask, don�t tell�
    This 17-year-old rule, which bars gay men and lesbians from serving openly in the military, has been under attack all year. This fall, a federal judge ruled the ban unconstitutional and ordered it scrapped. A higher court reinstated the ban while it considers the matter on appeal.

    And on Tuesday, a Pentagon report concluded that ending the ban would pose a low risk to military readiness. Defense Secretary Robert M. Gates said that the repeal of the rule �should be done.�

    But �don�t ask, don�t tell� isn�t dead yet and could outlive the lame-duck session.

    Senate Majority Leader Harry M. Reid (D-Nev.) could bring it up for a vote on the floor this month. But the ascendant GOP is in no mood to cooperate. Sen. John McCain (R-Ariz.) says he�s still worried about the effect on morale, and other Republican leaders say the whole issue is a distraction from their top priority � job creation.


    4. The �Continuing resolution�
    A continuing resolution (known in Hill jargon as a �CR�) is a bill that�s introduced when Congress can�t agree on a full budget for the federal government.

    Instead, it passes a bill to temporarily �continue� funding federal agencies at their present rates.

    Congress must pass a new continuing resolution before Friday. If it doesn�t, the government will shut down � as it did in 1995 during a budget showdown between President Bill Clinton and congressional Republicans.

    The sticking point is Republican demands to shrink federal spending back to 2008 levels. But a shutdown still seems unlikely; while a lot of voters want smaller government, very few seem to want no government.

    Signs from the Hill indicate legislators will beat Friday�s deadline and pass a resolution good for another few weeks, at least.


    5. Unemployment benefits
    Another looming deadline. On Tuesday, emergency unemployment insurance � he federal checks given to the jobless � expired. If nothing is done to extend the benefits, advocates say as many as 3 million people will see their checks cut off by the end of January.

    Some Republicans have voiced concerns about the high cost of these benefits. In the middle of last month, the House failed to approve a plan to extend them, with all but 11 Democrats voting for it and all but 21 Republicans voting against it.


    6. Childhood nutrition
    On Wednesday, House Democratic leaders plan to call a vote that could be a measure of the muscle they�ve got left. At issue: a bill that would feed schoolchildren better food.

    If they can�t win on that, it could be a long month.

    The bill is intended to give more poor children access to subsidized meals at school. It also would improve the quality of those meals and give more federal money to school districts that comply with higher nutrition standards.

    �Kids that have food insecurity learn at a slower rate than their peers,� House Speaker Nancy Pelosi (D-Calif.) told reporters Tuesday. �Food insecurity� is Washington-speak for �hunger.�

    The bill passed the Senate unanimously. But it will face some Republican opposition in the House from members who say it will impose more costs on struggling school systems.


    7. The DREAM Act
    This bill is aimed at illegal immigrants who came to this country as children. If they go to college or join the military as adults, it would give them a chance to obtain legal residency.

    As attitudes toward illegal immigrants have hardened, support for the bill has collapsed among Republicans and many Democrats. To them, it looks like a kind of amnesty for lawbreakers.

    On Tuesday, Reid could promise only a �test vote� on the issue: he would bring the issue to the Senate floor, and take his chances. The implicit message was that Reid might lose � but lose in a way that showed Hispanic voters he was trying.



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  • diptam
    06-24 05:08 PM
    I'm sorry i didn't understand you - If i apply EAD/AP in AUG/SEP why it wont be FREE ?

    I'll file 485 july 1st but i'm not in a hurry for EAD or AP because my extended
    H1B is still Jan 08 and i'm not travelling before Xmas 07 time ....

    Thanks in advance !

    the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group




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  • nixstor
    08-04 12:15 PM
    The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.

    Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

    100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

    "How NOT to get the work done in 5 years?"

    B T W Does these places have any guys who are struck with their labor?



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  • visa_reval
    04-29 11:42 AM
    My correction letter reached NSC on the 28th. I haven't seen any LUDs so far. sekhar123 and sgurram, please post updates as relevant.




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  • chanduv23
    11-26 02:00 PM
    Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.

    The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.

    If there is any change that I know of, I will post it on this thread



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  • nagio
    10-05 04:38 PM
    Thanks Pappu!. Go IV.




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  • vxb2004
    04-28 09:21 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.

    My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.



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  • walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.




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  • madan
    01-10 08:11 AM
    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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  • imh1b
    04-20 10:07 AM
    Immigration reform is for all.....

    1) Path to citizenship for undocumented workers
    2) Relief to backlogged EB/FB immigration - pork for us
    3) Foolproof border security and enforcement of immigration law - pork for Antis

    So it's a win win for everybody. We should support this march and show our solidarity to CIR.

    Any latest news on CIR?




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  • chanduv23
    12-17 10:15 AM
    My first FP was done in July 2007. I have not yet received second FP notice. Normally USCIS sends second FP notice after 15 months. Is someone else like me?

    I never received my first FP notice and I think there are a lot of people like me here.




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  • gc2
    03-08 08:36 AM
    i guess you would need to share specifics with a reputed attorney to identify what went wrong in your brother's case. on this forum, there is limited help for a case like yours that requires professional handling.

    perhaps someone who has had similar experience can throw light on this situation. wishing you best.




    kartikiran
    01-14 10:41 AM
    Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.

    Hope that helps.




    gg_ny
    09-10 10:21 AM
    My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.

    There are a few key lessons:
    1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
    2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.

    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.