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  • xbohdpukc
    03-06 06:29 AM
    Totally disagree. Only a small %age of employers pay the fees, rest is all borne by the applicant. This includes universities, companies etc. There are so many components of fees that everything is not covered by employer.

    Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.

    They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.

    What a mess 180% fees increase on most of the applications?

    I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
    But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.





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  • casinoroyale
    01-07 11:47 AM
    Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".





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  • fastergcwanted
    07-18 09:19 AM
    See below:

    Taken from www.immigration-law.com

    07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

    The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!





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  • martinvisalaw
    02-23 06:10 PM
    so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?

    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________



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  • sam_hoosier
    01-07 11:24 AM
    can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.

    Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.





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  • desi485
    09-27 04:32 PM
    mine was filed NSC but transferred to TSC. I called my lawyer and just heard this news. lawyer received notices today.

    For anyone still waiting, do not worry. this process is not very streamlined. It may get delayed but it will come. be patient.

    AFAIK -> one day after the receipt date, my checks were still not encashed.



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  • gchopefull
    10-02 02:54 PM
    yes it was approved labour and not a subsitution.





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  • HereIComeGC
    12-12 03:52 PM
    Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.



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  • gsc999
    01-18 02:58 PM
    Guys,

    Vote for Change. I know you are feeling left out of the presidential caucuses and primaries. Here is your chance. Vote for change, for Admin fixes, change your quality of life and help American economy at the same time by freeing up pent up Entrepreneurial energy and other decisions e.g. buy a house. Ben Bernanke/ USCIS/ President's office, if you are reading this: Empower this sizable chunk of legal immigrants to help kick-start the American economy.

    I only see one vote and that too mine on the attendance poll above.
    Don't let anyone take your vote and your voice for granted.

    Btw, those snacks are not going to finish themselves and I am watching my weight (New Year resolution). Need your active participation. Sign n Dine!

    Show me your vote (for Sunday event attendance)

    I am gsc999, and I approve this message :)





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  • chakalov
    09-19 07:40 PM
    here is the deal:
    if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.



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  • shana04
    06-22 05:04 PM
    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D

    Really good one!





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  • hary536
    05-19 03:17 PM
    Hello Pappu, can you please move this post to the "Ask a Lawyer" forum. I intended to post it under that forum. But i think due to duplication you moved it to the other forum. Pls, post it to Attorney forum. I really need some advise in this case. Thanks.



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  • mrdelhiite
    07-13 08:29 AM
    and marry a celebraty

    or work hard and support IV :)
    -M
    PS: good things come to those who wait





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  • tabletpc
    11-29 02:43 PM
    senorita..raj here...

    here comes the answers for your responses...


    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.

    Hope this helps....



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  • nixstor
    07-11 11:09 AM
    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
    :mad:

    Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.

    The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this





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  • lord_labaku
    12-16 01:40 AM
    Your code has lot of syntax error. (for your reference - message window has spell check feature inbuilt)

    Sorry..could not resist.

    On a serious note, please read the AC21 rules and interpretation



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  • HereIComeGC
    03-26 01:49 PM
    How did you come to this conclusion?

    From previous experiences, USCIS will work like crazy and use up all
    visa numbers for EB2. Like they did last September - approving 60000 or so appplications.





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  • h1techSlave
    04-04 09:16 PM
    I think most of the HR folks may not know what is an EAD. So they may fear EAD is some kind of illegal thingie and deny job. It is best to just say I am authorized work in the US and no further explanation need to be given.


    Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...





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  • paskal
    10-26 03:11 PM
    Can you talk in english please?

    :D





    rolrblade
    03-11 01:34 PM
    I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?

    You have a right to ask for your passport back. You can always state the logic that in the case of emergency, will the consulate provide the passport back at a moments notice? probably not!

    Also, a passport is the property of the issuing government and no other government entitiy / individual has a right to hold it. I wouldnt state it in these terms though :) .... the emergency travel reason should suffice!





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