Lunes, Hunyo 13, 2011

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  • masaternyc
    01-13 07:34 PM
    I think USCIS should substitute permanent labor not the date to be fair, because substituting date makes an individual jump the line.




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  • gcisadawg
    02-01 11:05 AM
    we all need to fill the survey so that they can at least think about bumping up the priority.

    PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(

    I'm assuming they'd fill out the survey the other way?

    Thanks for the info! I just did and wrote the following..

    "Immigration reform is badly needed to fix the broken immigration system. As a law abiding legal immigrant, I have been living in US since 2000. I filed for my Green card (EB3, India) in 2003. I still haven't received my Green card. Realistically, I can expect only in 2017, a solid 14 years after my initial filing. In my profession, technology chances at a rapid pace and 14 years is like several decades. Also, the economy would have several boom and bust cycles during those 14 years. Recession itself is very bad but a legal employment based immigrant goes through a "recession with severe restrictions"....
    One has to live through it to understand it...In all this, one thing that keeps me awake is my strong desire to provide a better life for my children and to realize my version of the American dream."




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  • spicy_guy
    08-05 01:54 PM
    I think he should consider awarding citizenship to LONG waiting GC applicants. :D




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  • rgrant
    04-04 07:55 AM
    I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.



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  • gcdreamer05
    01-11 10:03 PM
    yup your renewed 797 has not been entered in their PIMS database, that is why the delay , you should be all set in 1-2 weeks time.

    Please share your experience once you get back your stamped passport.




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  • TelanganaINDIA
    10-04 10:55 PM
    I am planning to go to India with my family in december. Please suggest some tourist spots across India.
    Not the usual ones like tajmahal or gateway of india etc. Thank you.



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  • immiindi09
    01-12 01:33 PM
    Can you pls provide me more information, I am on the same boat.

    How can I file online for EAD and AP renewal.
    Which documents I need to send if I am sending filled forms.




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  • manfrmind
    04-01 02:11 PM
    Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?

    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================



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  • girishvar
    07-28 04:06 PM
    When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.

    I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:

    Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.

    Any help will be very much appreciated.




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  • wandmaker
    06-06 03:12 AM
    USCIS will send an RFE for missing photos - You can send the photos after that



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  • desi3933
    02-18 01:14 PM
    No, it is not legal.

    I just checked and it seems that you are right.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 visa status holders can only do voluntary work.

    _____________________
    Not a legal advice.
    US citizen of Indian origin




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  • uma001
    11-04 04:35 PM
    From 1998 - till date, How many times EB3 priority dates were made current



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  • haroontabrez
    04-15 10:04 AM
    TO mbawa2574 & FUNTIMES

    Just follow what TomPlate has said.

    I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.

    we had a similar issue,

    what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
    I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.

    Hope this information helps

    Thanks

    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?




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  • immilaw
    12-14 12:37 PM
    It was easy last year to not pass the bill. We had a Republican President & Congress and Democrats kept on blaming republicans for not doing anything. I think this time the ball will be in the Democrat's court to pass the CIR and send to the President for signature. They won't be able to blame it on republicans.



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  • gceveryone
    11-09 03:39 PM
    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)




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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks



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  • txh1b
    08-18 01:27 PM
    WH-4 Form is meant for complaining against employer.
    Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
    after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
    file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
    company(bodyshopper).

    WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.




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  • Suva
    05-18 02:01 PM
    I am older and have 2 kids and I am also considering the same.

    +1

    Though I am older and married, I am considering the same




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  • anilsal
    05-12 08:17 AM
    Documents are usually lost and replaced (via duplicates).

    Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.




    pappu
    12-05 07:48 AM
    Felix look at my post L C 2001 Analysts Review and you shall see how a MOFO attorney can ruin a very promising career.
    If i could find my ex attorney he would beg to die.
    http://immigrationvoice.org/forum/showthread.php?t=2453




    jetflyer
    06-12 01:43 PM
    Success Formula for EB2-I:
    1)- Get rid of all EB3 => EB2 conversions
    2)- Get rid of all Subs

    And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

    Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah



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