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  • shishya
    09-27 12:42 AM
    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya





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  • vishwak
    08-05 10:08 AM
    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---
    Hello......I'm in same situation couple of months back and I got below feedback from Attorney..which might help you.

    Thank you for your inquiry.

    You cannot return to the US with an Advance Parole (AP) that was approved
    while you were gone. You must have the AP in hand when you leave the US if
    you want to use that AP to return. Therefore, you cannot travel with just
    the AP receipt number.

    As per this message your wife should come back US on Old Unexpired AP.





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  • ps57002
    07-18 11:40 AM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/


    =======================

    Message from IV
    IV does not recommend any such actions.

    We are aware of the issue and if there is any acion item, we will post it.

    also be aware of what we posted earlier on this issue:
    http://immigrationvoice.org/forum/showthread.php?t=6084
    http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
    =========================





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  • for_gc
    04-27 04:55 PM
    First of all, no need to be so concerned. Also this is not unique situation.

    Just apply for I140 for the EB3 (the labor you just got approved).
    Once you get the EB3 I140 approved, you have 2 ways to port the PD:
    1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).

    2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.

    The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.

    YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.

    My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.

    My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.



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  • smartboy75
    05-01 01:11 PM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .
    Hey Vikramaditya

    Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.

    But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.

    Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.

    All the best.





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  • DesiGuy
    08-17 10:01 AM
    hi guys,

    my first post at IV.

    I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.

    So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)

    Here's another forum which i used and is VERY useful if anyone wants to move.

    http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80

    From my OWN experience:

    The PROS

    - Simple straight forward process :)
    - definate timeline on residence permit/permanent residency/citizenship
    - spouse gets same level of rights i.e.wife can work & study with any probs
    - family eligible for NHS (even if u dont have a job)
    - 1 month leave is standard; worst employers give only 4 weeks :p
    - kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
    - trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
    - excellent public transport system
    - India is only 8 hrs flight and timezone difference only 5 hrs.
    - get to watch and 'play' cricket
    - my british friends love "curry" and eat more 'spicier' then mine
    - having a pint during lunch is 'normal'

    The CONS:
    - VERY expensive place; u make and u spend, have fun but not much savings
    - JOB market is LOUSY - not easy to get a job
    - Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
    - smaller houses, cars, roads, etc
    - no real burgers or tacos
    - after some time u start missing USA

    Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)

    Cheers



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  • looneytunezez
    04-08 04:17 PM
    Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)

    China: none to three weeks expected through July. No August or September estimate is possible at this time.

    India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.

    Employment Third:

    Worldwide: three to six weeks
    China: one to three weeks
    India: none to two weeks
    Mexico: although continued forward movement is expected, no specific projections are possible at this time.
    Philippines: three to six weeks

    Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

    Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

    INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.

    The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
    As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.





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  • anilsal
    11-18 04:30 PM
    USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)

    Why would USCIS do duplicate work?



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  • krishnam70
    02-23 12:09 PM
    Hey Guys,
    I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"

    One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.

    I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.

    Thanks,
    Veera

    Thanks veera for your update. Hope we get some latest arrival information in to the country using H1 and give us their experiences

    - cheers
    kris





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  • aamchimumbai
    12-08 12:16 PM
    Vik352,

    I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?

    In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.

    But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.

    Anyone in similar situation?

    Thanks.




    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!



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  • pappu
    12-19 03:15 PM
    Thank you paskal.





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  • hpandey
    06-12 10:19 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.



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  • pappu
    02-11 10:10 AM
    E-mail Matthai Chakko Kuruvila at mkuruvila@sfchronicle.com
    has anyone sent email to this id? we need several people to write to reporters so that they can cover our issues.
    thanks





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  • GC20??
    08-17 12:25 PM
    go exact same reply..please let me know if you hear anything about your case

    I got the same reply when contacted through two Texas senators.



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  • jasmin45
    08-21 10:36 AM
    Go party now!





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  • dhesha
    08-21 03:08 PM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.
    You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?



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  • meridiani.planum
    07-19 04:36 PM
    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far

    that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
    If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.





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  • Appu
    04-02 10:31 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.


    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.





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  • prince_charming
    04-08 04:14 PM
    Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?





    gc007
    11-19 04:47 PM
    Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?

    My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.

    SO I'm wondering how many approvals does one trip take?
    Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
    So will he be able to make another trip abroad?

    Thank you.

    My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.





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