štvrtok, 23. júna 2011

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  • pappu
    11-28 10:51 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?
    Dates would move forward depending on the increase in numbers.

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
    Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.


    What will happen to the “Rest of the World” category? When do you think they can expect results?
    Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
    YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP


    Great Answers Logiclife. A lot of us think that by passing the skil bill etc our problems will be over. While this bill or provision is very critical for ending retrogression we have a few other issues at hand in order to make the green card process smooth for our members. getting the bill passed is our first and important task. BTW FYI, it was due to IV's efforts the hard country cap for the EB category was removed from the CIR bill. With hard country caps, EB immigrants especially from India and China would have been still retrogressed. We will have to work hard again when the new bill comes up and look for any such provisons like hard country quota that may hurt us.




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  • MetteBB
    05-12 02:07 AM
    Why thank you! Looks nice and fresh doesnt it? Like you just wanna take a big bite out of them. :drool:


    /mette




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  • mmk123
    10-01 08:26 AM
    waitingnwaiting, what a useless attempt to further divide EB community?

    I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.

    The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..

    - m




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  • roseball
    03-08 11:40 PM
    Hi,

    My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.

    If not already done so, I would suggest you contact a good attorney immediately and not rely on forums on what to do.....



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  • fasterthanlight�
    05-11 03:58 PM
    Erm, kirupa will only add 4 of these stamps to the stamp page. Thats the limit for content similar stamps apparently.




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  • looivy
    10-01 10:47 AM
    Do they do a name check for EAD as well?

    My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?



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  • sanjay
    04-04 11:37 AM
    For my son PIO ( applied in Chicago ) took 17 days to be delivered at my home address. I went to Indian Consulate in Chicago and asked them which way should I go. Visa or PIO and they told me to go for PIO as it is for 10 years and also had very less paper work involved.

    If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.




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  • gaz
    02-04 01:11 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.

    As for the I129 - my lawyer added no such stamps or certification.

    Please do check with your lawyer also. Also, try calling the US consulate.

    Good luck.



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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.




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  • surabhi
    05-21 09:54 AM
    from one of the attorneys. Not sure if anything changed in past 18 months.

    Attorney_13
    Attorney posted December 08, 2006 03:06 PM
    --------------------------------------------------------------------------------
    If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.


    Attorney_13
    Attorney posted December 20, 2006 05:00 AM
    --------------------------------------------------------------------------------
    What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.



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  • zeal2005
    02-11 12:25 PM
    My GC was filed by Chugh firm and I did not face any problems so far. I left my GC sponsoring company as well and still continuing with them for AC21 and other issues. In general, you have to carefully verify the data in the application that the firm feel up but that is applicable for any law firm you choose.




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  • yabadaba
    08-14 02:02 PM
    Hi All

    Did anyone got Receipt # from this Pile?

    Allpication Reached NSC on July 2 @ 7.55 AM and was received by R Williams?

    DID OUR PILE GOT LOOKED AT?
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(



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  • msgoud
    03-08 03:29 PM
    thanks all for suggestions
    His company is filing for LCA today and will see where it takes




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  • roseball
    07-20 05:47 PM
    This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.

    Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.

    But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.

    Is it different in case its the beneficiary of the I485 thats moving to H4?
    Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?

    The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...



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  • canmt
    10-26 11:07 AM
    Submitting AR-11 does not help but it is required. I did submit AR-11 still went to my old address. But my EAD/AP approvals came to my new address bcoz of change of address submitted through USPS. USCIS sent me all the confirmation that I have successfully changed my address for EAD/AP petitions, but still managed to send them to my old address.

    I hope it helps.

    sathyaraj:

    * Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?

    * Did you get any confirmation from USCIS on both occasions?

    * Did you call USCIS customer service and update them with your new address after sending them AR-11?




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  • SunnySurya
    08-04 09:35 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.



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  • CRAZYMONK
    08-11 09:17 AM
    cademic Evaluation Services, Inc.
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    Phone: (813) 374-2020
    Fax: (813) 374-2023
    email: info@aes-edu.org
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    cademic Evaluation Services, Inc.
    11700 N 58th Street G & H
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    Phone: (813) 374-2020
    Fax: (813) 374-2023
    email: info@aes-edu.org
    Website: Academic Evaluation Services (http://www.aes-edu.org)

    The Foreign Educational Document Service
    PO Box 4091
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    Phone (209) 948-6589
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    Center for Applied Research, Evaluations & Education, Inc.
    PO Box 20348
    Long Beach, CA 90801
    Phone (562) 430-1105
    Or (562) 430-2030
    Fax: (562) 430-8215
    email: evalcaree@earthlink.net

    Foundation for International Services, Inc.
    14926 35th Avenue W.
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    Phone (425) 248-2255
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    email: info@fis-web.com
    Website: Home | FIS Translation and Foreign Credential Evaluation Services (http://www.fis-web.com)
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    11 South Angell Street #348
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    Phone (401) 521-5340
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    email: eval@educei.com
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  • pointlesswait
    01-16 10:30 AM
    95% are from mexico.. some from eastern europe/china.... very few from sub continent

    Imagine 15million uneducated /illiterate joining the main stream.. US will go from a developed country to a third world country in a blink of an eye..
    ppl who are supporting amnesty have not understood the socio-economic implications of this move...

    they should do something about the illegals..on humanitarian ground ..but in a controlled and regulated way.... and separate legal and illegals.



    because most of the illegals are from a few handful countries mainly mexico




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  • Imigrait
    02-05 01:06 PM
    From your description it looks like you are moving to a new company.

    I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.

    Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.




    ajju
    03-01 12:04 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...

    I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...

    I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...

    Good luck... should be resolved soon.. and you'll get GC soon...
    Where's mine :-(




    ssa
    08-03 01:40 PM
    Done :)



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