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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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  • jkays94
    04-17 10:37 PM
    This is what I got to share with my friends from the site after I signed the petition :

    Did You Hear What Happened in Washington?

    Dear Friend,

    As you may have heard in the news, Senator Kennedy has been at the forefront of immigration reform; he's built a bipartisan coalition around a tough but fair approach that is rapidly gaining popular support among Americans.

    Sixty-three percent of Americans believe that immigrants who have lived in the country for a certain period of time should be allowed to go through the process of obtaining citizenship. But the out-of-touch Republican leadership is pushing back and many hope to make these would-be citizens felons.

    I've added my signature of support to Senator Kennedy's efforts to protect the American worker. Will you join me?

    http://www.tedkennedy.com/fightforfairness

    I'm standing with Senator Kennedy, and fighting to ensure that our country values hard work. I hope you will too.

    Thank you!




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  • sparky_jones
    02-03 12:36 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.




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  • gparr
    March 15th, 2004, 11:10 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary



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  • rnvd
    10-30 03:48 PM
    Hi all,
    Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
    But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.

    My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.




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  • enggr
    03-17 03:56 AM
    Friends,

    My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "


    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar



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  • qvadis
    04-02 11:37 PM
    I second morpheus suggestion to add more names to the list. Please, don't take any offense but I believe that it would be good to have some diversity.

    Some more immigrants:

    Andy Bechtolsheim, cofounder Sun,
    Safi Qureshey, cofounder of AST




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  • amsgc
    01-22 10:08 PM
    You shouldn't confuse porting I-140 using AC21 and H-1B - these are two different things.

    You can start working for a new employer - using EAD or H-1B, while your I-485 is pending.

    When people say that they have used AC21, they usually mean that they are using the provisions in AC21 (clarified by the Yate's memo), to port their I-140 to a new employer after 180 days of applying for I-485.


    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?



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  • snathan
    08-18 05:08 PM
    No, not correct. Since she got a new I-94 her status changed to H1 w.e.f October 1, 2008.
    However, because she did not work she is currently out of status. She will have to change her status back to H4 either by going out of country and re-entering with H4 visa or filing I-539.

    She can correct the status by going out of the country. But any time USCIS can ask for the pay stub for that period during the GC process. If you are not able to provide the Paystub, your GC will be in soup. So the best would be to ge the pay stub.

    Thanks.




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  • rjgleason
    September 27th, 2004, 08:57 AM
    Rob, What have you been eating? :D

    I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.



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  • jediknight
    07-26 09:59 AM
    Good advice with different viewpoints.

    My advice is "Look for a good mentors" with who you can discuss your situation in detail.

    My preference is
    Family
    GC
    Career

    This works better in the long term :-)

    - JK




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  • bluez25
    07-15 04:00 PM
    And My details are below.

    Category EB2
    LC PD: FEB-2006
    LC AD: Mar-2006
    I-140 FD: 23-May-2006
    I-140 RD/ND: 25-May-2006
    I-140 LUD: 29-July-2006
    I-140 RFE : 15 November 2006
    I-140 Responded: 14 December 2006
    I-140 AD: 11 Jan 2007
    DS 230 Received in April 2007
    DS 230 Submitted to NVC in May 2007
    NVC forwarded the case to Chennai on June 5th 2007

    Chennai Consulate appointment : August 11th 2008



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  • puskeygadha
    12-03 10:22 AM
    thanks so much guys
    my labor is in bpc
    I still have 18 months in H1B. but after I get my I140 I will switch
    if I feel that I cant file 485 for a while




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  • leoindiano
    08-04 09:37 PM
    I-140 receipt will not have A#. Only approval notice will have it. In the beneficiary column along with name of the person.



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  • immilaw
    09-17 05:58 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123

    It looks like your brother is on J-1 Visa waiver program. My advise to him is to speak with an attorney.




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  • siva007
    04-02 05:25 PM
    Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

    Thanks



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  • pmb76
    07-22 03:54 PM
    Trance - Indeed a tough call. I've been in the US 12 years now. I chose my career over the GC and have learnt a lot, have a great job but no GC yet.
    Looking back I would choose GC. I have a lot of wounds on my back over the past decade. In my opinion go for the GC.




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  • walker15
    02-18 11:23 PM
    Don't give it up. Try all options like Infopass, congressman. Convince your attorney or talk to a different attorney. Worth spending little amount to get advice from a different attorney.

    Dates won't be current in near future by looking at the way EB2'S went Unavailable and EB3 being moving at snails pace.




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  • dehradoon
    11-13 06:08 PM
    ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

    once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?

    Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.

    Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's

    So, The bottom line is if -
    I140 approved and 485 pending for more than 180.

    START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1

    THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.

    OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL




    Maverick1
    05-14 01:53 PM
    Point taken.

    I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.

    But, point taken.

    Mocking me so much shows you in bad taste, my friends.
    This is the last thing you will see me posting here.

    And it is a "her".

    New_phd , Just take it easy.


    Hope you continue to visit this. :) :)




    ocpmachine
    07-06 04:41 PM
    Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.

    Good luck

    HTH

    kris

    Kris,

    I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.



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