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Thursday, August 11, 2011

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  • vik123
    07-11 12:03 PM
    We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
    That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
    I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
    Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
    Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
    I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"





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  • yabadaba
    07-09 04:26 PM
    yea.. i did not read ur first post correctly..sorry





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  • gc_mania_03
    08-28 02:32 PM
    Gurus,

    When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

    Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

    Or is it OK to send the photographs and mention the Alien A# .

    Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

    Your help is much appreciated.


    Actually, I posted a similar question on another thread. Can you give me an update on what you did about the photos?





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  • gunabcd
    06-21 02:55 PM
    For my canada GC i calibrated my camera, took pictures of 3 of us with my 3 mega-pixel camera, and printed at walmart on 4x6 then cut 27 X 27mm, and it worked, i have canada GC. just make sure front face, white b/g, enough brightness. i would not risk it for my US GC though.



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  • zdash
    10-26 02:32 PM
    In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
    Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
    Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.

    Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.

    On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.

    With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.

    Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.

    If there is any hope, your help/advice/inputs will be greatly appreciated!





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  • GCBy3000
    02-06 05:25 PM
    Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.

    You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.



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  • tonyHK12
    12-09 11:32 AM
    The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.



    Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens





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  • jindal_sanjeev
    06-23 03:12 AM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you



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  • girishvar
    08-21 11:50 AM
    I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.

    On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.

    On our return in two days our greencard was also approved without any RFEs.

    Again it depends on I/O in the port of entry I guess.





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  • msyedy
    12-13 11:02 AM
    I hope CIR will become hot soon. This is just a spark.
    They will soon make a decision on the strategy to be followed in Iraq, appropriation in Jan and CIR.

    Praying



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  • kirupa
    04-25 09:29 PM
    The green one looks nice now :)





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  • texasguy
    06-15 12:43 PM
    Thank you all for your suggestions. You all have been really helpful in this difficult times.



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  • Googler
    01-14 06:34 PM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.





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  • Saralayar
    04-10 11:52 AM
    My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
    I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
    Anybody knows more ?

    Also, generally do folks approach their lawyers for extension filing or they do it themselves?

    Thanks,
    ------------------------
    EB3 PD Mar 2003
    I-485, AP, EAD filed in July 07
    EAD expiring on July 31st 2008.

    [I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
    It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.



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  • gc_seeker_2001
    02-04 12:39 AM
    I did a bit more reasearch and found out that, I won't loose the EB3 priority date after the EB2 I-140 approval. I will have both options (EB3 & EB2) open. I will be able to use either of them depending upon what is current at that time.





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  • ganguteli
    03-24 11:30 AM
    See
    http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD

    Everyone, please help add more content to this page to help our fellow friends who are abused by employers.

    Please also add content in
    http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER



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  • sanjay02
    05-17 01:58 PM
    http://news.yahoo.com/s/ap/20070517/ap_on_go_co/immigration_congress

    WASHINGTON - Key senators in both parties and the White House announced agreement Thursday on an immigration overhaul that would grant quick legal status to millions of illegal immigrants already in the U.S. and fortify the border.

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    The plan would create a temporary worker program to bring new arrivals to the U.S. A separate program would cover agricultural workers. New high-tech enforcement measures also would be instituted to verify that workers are here legally.

    The compromise came after weeks of painstaking closed-door negotiations that brought the most liberal Democrats and the most conservative Republicans together with President Bush's Cabinet officers to produce a highly complex measure that carries heavy political consequences.

    Bush hailed completion of the deal as a "historic moment," and said he looked forward to signing it into law, according to Homeland Security Secretary Michael Chertoff, who said he called the president to inform him of it.

    "Politics is the art of the possible, and the agreement that we just reached is the best possible chance we will have in years to secure our borders and bring millions of people out of the shadows and into the sunshine of America," Kennedy said.

    Anticipating criticism from conservatives, Sen. Arlen Specter (news, bio, voting record), R-Pa., said, "It is not amnesty. This will restore the rule of law."

    The accord sets the stage for what promises to be a bruising battle next week in the Senate on one of Bush's top non-war priorities. The president has said he wants to sign an immigration bill by summer's end.

    The key breakthrough came when negotiators struck a bargain on a so-called "point system" that would for the first time prioritize immigrants' education and skill level over family connections in deciding how to award green cards.

    The draft bill "gives a path out of the shadows and toward legal status for those who are currently here" illegally, said Sen. Dianne Feinstein (news, bio, voting record), D-Calif.

    The immigration issue also divides both parties in the House, which isn't expected to act unless the Senate passes a bill first.

    The proposed agreement would allow illegal immigrants to come forward and obtain a "Z visa" and � after paying fees and a $5,000 fine � ultimately get on track for permanent residency, which could take between eight and 13 years. Heads of household would have to return to their home countries first.

    They could come forward right away to claim a probationary card that would let them live and work legally in the U.S., but could not begin the path to permanent residency or citizenship until border security improvements and the high-tech worker identification program were completed.

    A new temporary guest worker program would also have to wait until those so-called "triggers" had been activated.

    Those workers would have to return home after work stints of two years, with little opportunity to gain permanent legal status or ever become U.S. citizens. They could renew their guest worker visas twice, but would be required to leave for a year in between each time.

    Democrats had pressed instead for guest workers to be permitted to stay and work indefinitely in the U.S.

    In perhaps the most hotly debated change, the proposed plan would shift from an immigration system primarily weighted toward family ties toward one with preferences for people with advanced degrees and sophisticated skills. Republicans have long sought such revisions, which they say are needed to end "chain migration" that harms the economy, while some Democrats and liberal groups say it's an unfair system that rips families apart.

    Family connections alone would no longer be enough to qualify for a green card � except for spouses and minor children of U.S. citizens.

    New limits would apply to U.S. citizens seeking to bring foreign-born parents into the country.





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  • chanduv23
    03-31 02:52 PM
    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.

    Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.





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  • Ramba
    05-19 02:31 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.





    snathan
    12-03 09:56 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

    Who gave you that assurance....?:confused:

    Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.





    abracadabra
    05-30 02:46 PM
    Is it the receipt number, where did you check it??



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