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yeah i think so.....

(by the way,,,,rollerblading is gay! skate for life----->ZYC

INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)

I am not sure how successful the effort of IV would be. I am not sure if all the work done by the core memberts and volunteers will help us to get quick of the mud we are in. I have a "plan B" and do not rely much on this mirage called Green Card. If it comes in a reasonable time - OK, if not - then I am gone. World is a wide interesting place and if one is a hard worker and a honest person, there is always opportunities.

But I contributed, I supported the IV effort and I am sure that I have done the right thing. Today is St. Patrick's day and that reminded me a saying of an old Irish friend: - "We better die standing instead on our knees". In our case it means that even if we do not achieve anything with this money and loose it, at least we prove that we are not just silly turkeys :p

Keep fighting for the right cause !

Thanks for your info. Surely I am applying my new passport tomorrow. I am trying to call my attorney and left message. Still I did not hear back from him. My passoprt expires on August 05, 2007. My all applications mailed and are on the way to USCIS. I have option to recall my complete package only today. If I lose todays date then there will be no option.what should I do now?

hey fearonlygod,
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.

I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?

Talked to a lawyer, essentially everyone is right.

On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

The clock for illegal stay starts when 140 is denied.

This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.

At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.

Happy holidays

~dask:confused:
EB-3-I
PD:Jan 31st 2002

Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.

I said it may be and so it is better to check with attorney. There is nothing wrong in checking with attorney so that he can clarify the doubts.

That is so wrong, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign. Cant believe a Senior member can come up with such an explanation.
Leos link has the answer, the red Not match found error is simply an error between your finger prints taken together and then done individually.

The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.

**font perhaps?

Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.


Wouldnt the white blend in with the background perhaps? *Just a thought

I will have a look at it though... Thanx for the comments

Where did you get this info? Could you please point out a reference that says so?

Good point, is that really against the law?

Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

Guys, Please update if you hear more of similar cases.

this sounds encouraging:) hopefully we will get receipts soon

The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)

Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.

Correct, just the passport. Visa is not checked when traveling withing the US.

I have 3 years degree (15 year education). I am not sure if I can file on EB2.
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.

Thanks,
Sanjeev

No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree

Please refer to similar case
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf



_____________________________
US Permanent Resident since 2002

Guys,
Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)

http://www..com/discussion-forums/i485-1/114468227/

:)

NO, u cannot apply, unless you want GC as principal applicant only

Gaithersburg, Rockville, Deerwood or Aspen Hill

Is it possible to get your EAD, if I-140 is still pending. :confused:
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)

Story of my life :D

Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!

My dad who was here in 70s on a GC is now here after 35+ years on a tourist visa. He had a gettogether with all his friends of his time those who came here with him and we figured out that most of their children are ABCD and not doing that big or great but do carry tons of attitude towards people like us. I am glad that I am not like them, if I was born here, I would have grown as a ABCD and I am glad I am not, offocurse, the interesting thing to watch would be how our children turn out to be :)

Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.

Hi Guys,

I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.

What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?

Ideas?

If you are in H1B status, you can start your business by investing, but not working. You can not work for your business to get paid, but you can get profit sharing. In Wisconsin, when you register, you need a President/CEO who can legally work for your business. You can check with your state and register your business there. Probably, you even can register online in some state. Of cause, later on, you will need help from your accountant, laywer, etc.
If you have Green Card or EAD, that is not a problem to run by yourself.
Good luck.:)

There is no doubt Obama admin is trying selective protectionist measures not only in immigration but also in trade.

The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)

Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.

AILA Leadership Has Just Posted the Following:


Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)