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  • Since1997
    07-20 01:08 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs ...
    1. Year Cap: 140000 (for EB)
    2. India Limit: 7% = 9800 ONLY
    3 Now imagine how many years it will take to cover up the number like 750000.
    ==========================
    Originally Posted by andy garcia
    Last year the top 5 countries in EB got all these visas:

    Total EB ****** 159,081
    Philippines ***** 23,733
    India ********* 17,169
    Korea ******** 10,886
    China ******** 9,484
    Mexico ****** 8,864

    The actual limit is 7% of the total EB plus FB which is:
    (140,000 + 226,000) * .07 = 25,620
    ==============================





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  • looivy
    03-23 02:15 PM
    I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.

    How do I determine if it is due to company issues or security check?

    The consulate just sends standard reply and DOS does not disclose any information beyond status still pending.





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  • Desertfox
    01-02 03:12 PM
    School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.

    However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.

    GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!





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  • milind70
    07-25 12:43 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.

    Get Affidavits in which u will specify the document(i.e Birth certificate ) has the parents names misspelt and the correct spelling (i.e as in passport) and plus other details you full name ,DOB and place of birth etc etc.Affidavits are required in case the information on the Birth Certificate is incomplete i.e no name or when there is incorrect information i.e place of birth missplet ,parents name not in expanded format etc etc.



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  • tampacoolie
    07-14 03:23 PM
    Guys,
    My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.





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  • sukhwinderd
    08-22 02:54 PM
    http://www.immigrationportal.com/archive/index.php/t-135211.html




    Date

    Motor Vehicle Commission
    RSS Site Name
    RSS Site Address


    I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.

    I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).

    Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).

    I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:

    Legal & Regulatory Affairs Unit
    Motor Vehicle Commission
    PO Box 162
    Trenton, NJ 08666-0162



    Sincerely,



    Signature of
    individual certifying
    the information

    Print Name & Title


    i picked this from another web site. but it does work especially when you have legal details.
    8 CFR 274a.12(b)(20),

    also, as i said your lawyer might have to call there supervisor, they might not listen to you.



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  • raamskl
    07-22 01:17 AM
    Hi,

    What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

    I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?





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  • jcrajput
    09-29 07:00 PM
    I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
    Today I received my entire application back with "REJECTED" status.
    On Reject notice it has mentioned as below:

    ------
    The application you filed along with any fee you submitted is being returned to you for the following reason(s):

    x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

    The following document may be provided.

    Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
    Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
    A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
    Other evidence than an immigration visa petition has been filed/approved on your behalf.

    ---------------------------------

    Here below is my I-140 detail:

    Category : EB2
    Receipt date: 12/11/2006
    PD : 10/04/2006
    Approved from: NSC

    -----------------------------
    My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.

    It looks like they have overlook the I-140 copy and neglect that.
    Can anybody give me some idea about following:

    1. How I can re-submit my application?
    2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.

    I really appericiate your response and help. Thanks a lot.



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  • pitha
    05-22 04:40 PM
    Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

    With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
    1. based on pass marks?
    2. based on who has the highest number of points for each country
    3. Does the priority date come into plat at all?

    hope somebody has the answers for these questions.

    If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.

    How will this change if the new legislation/amendment that are discussed passes.

    Any ideas guys.





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  • dummgelauft
    04-14 10:04 AM
    Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.



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  • gceverywhere
    06-10 12:53 PM
    Ok..So now that I have your attention, I can say how I feel about our top priority right now.

    Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.

    For the rest of you, here is the link
    http://immigrationvoice.org/forum/showthread.php?t=19387

    I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.

    But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.

    I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?

    I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).

    IV has united us. Now lets show the strength of our unity.


    Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.





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  • seekerofpeace
    04-23 04:54 PM
    Hmmm you may be right.....

    Well then I'd have to inform them....But still the attorney always gets a copy of an RFE right since I had it through the company attorney....

    As far as getting GC is concerned I am still far from that stage.....so there is no chance of missing that....I am not counting on it....

    But since I have signed that G28 form ....attorney always gets a copy of the correspondence from USCIS....

    All this is to avoid getting an RFE (for extraneous reason like address change) while I am unemployed ...

    Correct me if i am wrong.

    SoP



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  • GCBatman
    04-13 10:03 AM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,





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  • nanneh
    04-30 02:05 PM
    Here is the format that you need. I got this from my attorney.

    AFFIDAVIT
    OF BIRTH

    I, __________________________, certify to the following:
    1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
    2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.

    3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.

    Dated: ______________, 200_ _____________________________
    Signature
    Subscribed and sworn to before me this
    ________ day of ___________, 200_
    at ________________________________.
    My commission expires ___________, 200_



    ___________________________ ________________________
    Notary Public Official Seal

    Thank you Mr. apk1928.



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  • whattodo
    03-25 02:24 PM
    Click on view questions and then write immigration on search box and click on search. You will see immigration questions. Economy might be the main theme but all kinds of questions are accepted.





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  • aj2000
    07-13 10:13 PM
    My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

    I would ask you guys to consider filing especially if your PD is in 2005 or later.



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  • mayhemt
    07-03 11:04 AM
    You guys still dont get it..do you??
    Why would they ban non-immigrants from investing when there is ZERO loss for the country?
    Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.

    Well for the why part...Its absurd, I understand. But then why is there country limit? Why is H4 not same as L2? There are absurdities and depends on the perspective you look from.

    Why would they ban?? If they have compelling point like "To protect Americans assets against speculation and to preserve capital within the country".

    I also see that it is individual's prerogative, however the point here is to show some numbers we (L1, H1, EADs) are responsible for & hopefully, grease the wheels towards smoother status adjustments.





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  • abhi_jais
    01-31 10:38 AM
    Here is the Text of Bill:

    Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/D?d112:6:./temp/~bdl3Rj::|/bss/|)





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  • ryan
    01-26 03:18 PM
    Hi Friends, I searched through some of the prior posts and did not find the answer. I am not looking for cities to live in from the point of view of job, taxes, weather, desi population, desi amenties such as movies, restaurants etc...

    Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why you would relocate to the other side of the planet and seek the best place for "Indian" children to live?! I would reckon, it is probably your hometown, in India.

    Very few get to have the cake and eat it too.

    I have lived in 4 states, in the 8 years I have lived in this country. I have NEVER faced racism or discrimination of any sort. No place is perfect. However, this country does stand head and shoulders above a lot of places. Try and fit in.





    singhsa3
    08-14 10:52 PM
    Employment Based (EB) Green Card (GC) Laws
    • The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    • Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    • As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    • There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    • So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    • FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    • EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    • The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    • There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    • Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    • Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    • You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    • If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    • Lobbying is an efficient tool to influence law and rule making.
    • IV was very active in lobbying for CIR 2006, which was passed in senate.
    • IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    • Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV

    http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc





    snathan
    05-12 07:05 PM
    My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

    Thanks

    Nope...you can not.



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