Tuesday, June 7, 2011

black swan 2010

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  • snathan
    02-07 08:50 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    I would like to know what is the risk if someone filed I-485...is it because he has two labor and I-140 or generic. I couldnt understand your point...?

    black swan 2010. Black Swan (2010) Review
  • Black Swan (2010) Review

  • desighee
    02-25 12:43 PM
    Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..

    I don't know where u stay in MD but if u are near Baltimore don't got to Baltimore MVA.
    Go to the one in ESSEX.My wife had too many issues at Baltimore MVA but essex people were very nice and had a seperate person dealing with licensing issues for visa people.

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  • jazzy2
    10-22 11:17 AM
    EB2 RIR - india, PD MARCH 2003
    BEC, philly. LC approved April 2007, June 1st filer

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  • needhelp!
    01-11 12:42 PM
    Keep up that spirit and make it your fight!

    Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.


    black swan 2010. Black Swan (2010) BRRip
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  • chakjobs
    12-23 12:33 PM
    Hi All,

    Could any please provide some insight about the companies "Unemployment Wage report" for the state of California?

    This is the only query as stated in the 221(g) form got from Chennai embassy for your reference.
    "State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past two quarters as filed to State of California (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)"

    Could you please provide me the exact form name and number to submit through the dropbox. Also some explanation if possible on how the form will look like in order to track it down?

    Any help in this regard is greatly appreciated.

    Happy Holidays!
    All the very best to all of you.

    Thanks & Regards,

    black swan 2010. Black Swan 2010 DVDSCR AC3
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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.


    black swan 2010. Black Swan (2010)
  • Black Swan (2010)

  • godspeed
    01-26 12:10 PM
    I moved to a different state with pending 485, however i paper filed AR-11.
    My 485 apps had soft luds within couple of days.
    Filed for ead and ap renewal from new address and got it at new address, i havent faced any issues with change of address.

    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.

    black swan 2010. Black Swan (2010) READNFO
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  • permfiling
    07-14 01:07 AM

    Before i present my RFE I will explaing My GC:
    I did masters and worked on OPT for sometime with Company A and they applied H1B,
    still working for Company A as H1B as Senoir Programmer ANalyst.
    At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
    PD=jan 2006
    Still working with H1B from COmpany A
    I never worked for Company B and it no longer exists...
    Company A recently merged with ANother Company X
    I recently got an RFE How do i respond PLease help me:
    Below are the details

    Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
    signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
    and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
    immigration forms by phone at 1-800-870-3676 begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting.

    Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
    should include, but is not limited to:

    Clear copies ofIRS Form W -2 wage and tax statcmcnts;
    Pay vouchers;

    Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

    Any additional documentation which confirms your employment history.
    You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
    duties and position in the organization, your proffered position, if different from your current position, the date
    you began employment and the offered salary or wage. This letter must be in the original and signed by an
    executive or officer of the organization who is authorized to make or confirm an offer of permanent
    employment. The letter must also indicate whether the terms and conditions of your employment-based visa
    petition or labor certification continue to exist.
    If you have changed employers since filing your application for adjustment of status, please submit a statement
    which lists the names and locations of all employers you have had in the US and the beginning and end dates of
    each position unless these have been included on Form G-325A.

    Did you get EAD in the meantime?



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  • wandmaker
    12-31 12:30 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...


    It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.

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  • snathan
    03-20 01:04 AM

    No. You will need new visa stamp.

    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.


    black swan 2010. Black Swan (2010) English
  • Black Swan (2010) English

  • zamoo
    09-03 01:41 PM
    Hello Folks,

    I'm Aug-2005 EB2-I.

    Haven't received my GC yet.

    I think, based on various experiences mentioned here, opening a SR, taking local immigration office appointments, etc is a way to get USCIS to look at your file.

    I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.

    I know none of these 2 things have a documented backing...apart from people's experiences (which, I value a lot - don't get me wrong there).

    My EAD was also up for renewal - filed in June. Got the "card production ordered" e-mail @ that yesterday. And, no change on the AOS case.

    So, should I take other steps @ my AOS case - like, opening a SR, taking IO appointment, etc ?


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  • geniousatwork
    05-28 01:41 PM
    I cannot get the approved 140 notice from the employer, so trying to see if I can get it from somewhere else.

    You can also locate the priority date in the I-140 approval notice.


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  • ItIsNotFunny
    04-06 12:47 PM
    Yes it is correct link, many of us are headed this way....

    I was saying this is not official link (please read previous post).

    black swan 2010. Black Swan (2010) READNFO
  • Black Swan (2010) READNFO

  • iv_only_hope
    01-11 12:18 PM
    How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.

    I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.


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  • extofu
    03-07 09:02 AM
    Here is my situation

    Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
    Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions

    1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped

    2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?

    Your help will be deeply appreciated


    black swan 2010. Black Swan (2010)
  • Black Swan (2010)

  • dan19
    02-20 10:30 AM
    Hello all,

    My I-140 (EB3) is already approved through my present company.

    I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.

    My case is like this:
    PD: 2002-Oct India/ROW
    Category: EB3
    H1 (6 year ends): June 2008

    My questions are:

    1. First and foremost - can I change my job as I am entering the 6th year of H1?

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.



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  • theoyilma
    09-13 07:19 AM
    I will.

    Thanks again, dummgelauft !!!!!

    black swan 2010. Black Swan (2010)
  • Black Swan (2010)

  • gatec77
    08-13 12:27 AM
    English translation please.:D

    This means clouds are flooded with GC's and they are dropping to earth drop by drop.

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  • Pallavi79
    02-15 09:28 AM
    <quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
    there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.

    09-27 03:25 PM
    Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.

    Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?

    01-29 07:16 PM

    I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).

    As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.

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