Wednesday, June 15, 2011

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  • snowcatcher
    01-29 07:41 PM
    Hello all, If you are from Texas please reply to this thread to get together and activate our state chapter. Any ideas are welcome. So please post to this thread and see how we can contribute/Volunteer to make IV stronger.
    Thank you




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  • maine_gc
    02-01 07:32 AM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks




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  • paskal
    12-20 11:55 PM
    Thanks Anil,
    Please also update us on IL activities that you guys have planned




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  • zj142
    12-22 09:14 PM
    My understanding of "This includes cases where a change of employer has occurred" is alien beneficiary can retain his/her PD in the case of changine employer. Change of employer is not included in "Fraud or willful misrepresentation".



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  • nayekal
    08-18 05:12 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.




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  • kondur_007
    09-17 09:38 PM
    I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

    I am not a lawyer; but this is what I believe to the best of my knowledge:

    1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

    2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

    There is really no law that specifies the duration.

    All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

    Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

    Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

    If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

    Again, there is no clear law on this...

    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    Hope this helps.

    Good Luck.



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  • watzgc
    10-24 02:55 PM
    Friends, we sent our h1b extension application in Jul 12 th to Vermont (VSC) and got receipt with in a week but still under process. now it is showing processing datge Apr 2007, can we convert to premium processing now ?. Thanks,:confused:




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  • sdrblr
    09-27 12:09 PM
    On a side note, what do you guys suggest to use for trading for someone like me who does it occasionally and very low volume both in terms of quantity and $. Currently I use share builder... is there anything cheaper and better than this.



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  • simple1
    10-07 04:13 PM
    Leave the usa immediatly. you are already out of status.
    Consult your attorney before taking any decision.

    hi,
    I am in a similar situation.
    I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
    I got the approval yesterday with a letter saying that my extension of stay has been rejected.
    The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).

    Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
    Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
    If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?

    Any advice is valuable to me.

    Thanks in advance.




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  • GreenMe
    07-21 11:51 AM
    This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.

    We now have a senator to focus our energies on - Dick Durbin.

    How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?

    Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.

    maybe we can send an apple too :D

    sending to sen obama will make sure the issue is played in media because of the presidential coverage.


    Liked the idea of sending copy of diploma ... but whats the message ???



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  • abcdefgh
    01-16 03:24 PM
    Whats a good score for Immigration purposes on the IELTS. Looks like the scale is 1 to 9.

    for each section.

    7-9 gives 4 points
    5-6.9 gives 2 points

    I (MS from US university and 6 yrs of experience, still they asked me) appeared for IELTS this saturday without any preparation, it is not that bad. Only thing you need to prepare is concentrate while listening and time management for reading and writing section. For speaking try to prepare about your home country and popular game in your home country.

    It is very easy.

    Just try to appear for this, as you all of us have already invested $ 1000.00 for canada filing. Another $ 140.00 would not hurt.




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  • nixstor
    07-01 01:26 PM
    I am not sure if I am reading this right or not, go this page

    http://www.imminfo.com/resources/cis-sop-aos/3-7.html

    and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

    So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?


    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?



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  • seahawks
    06-29 11:30 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.




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  • d123
    08-21 09:24 AM
    Congratulations.



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  • munnu77
    04-06 10:56 PM
    If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.

    i agree immiration-law has not updated...
    see cnn at 11 30 pm ET...
    http://www.cnn.com/2006/POLITICS/04/06/immigration.ap/index.html
    http://www.msnbc.msn.com/id/12184299/
    http://www.foxnews.com/story/0,2933,190770,00.html

    they update every half hr




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  • smartboy75
    07-09 11:00 AM
    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???



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  • xbohdpukc
    09-25 02:52 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.

    you are kidding, right? According to the latest figures the number of houses in the market is about 3.5 millions, which amount to 7 months of housing supply. Even if tomorrow DOL will process all its backlog of 180K applications and INS issue pending however-many-GC applications pending (I believe I heard a # of 500K including those 180K they are expecting to get from the DOL) it won't affect the housing market a bit.




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  • Curious_Techie
    09-30 10:54 AM
    Yes NSC with WAC receipt.
    EB2-I PD Aug 2005.
    I did applied for EAD & AP renewal in mid August.
    Still on H1B. 2010 validity




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  • 485Mbe4001
    07-25 12:11 PM
    Nice...Calculations work if its a public company with a responsibility to make profits and please shareholders. We are talking about an entity we really know nothing about, all calculations go out of the window in this case

    -- I filed my 485 in dec 2004 :p i have spent many hours dreaming up rational calculations, but i feel i would have been better off watching the traffic from my office window.:(


    Here is the calculation I came up with USCIS processing of our I-485 applications.
    USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
    Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
    So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don’t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
    So, 584/50 = 12(Approx) applications they need to process in a day, per person.
    So, do you think it is viable? Of course, it is…
    What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let’s us say, it takes about 1/2 the time fill the application; that’s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don’t they have enough employees (This shouldn’t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don’t care about immigrants or their plights. :rolleyes:




    ds37
    06-12 10:33 AM
    Why before October?

    Because Mahatma Gandhi was born on october.:):)


    His 6years end in oct 2010.


    ds




    leo2606
    07-29 06:20 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p


    Hi there,

    IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.

    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?



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