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  • james_bond_007
    12-07 02:21 PM
    My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.





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  • bijualex29
    05-26 06:51 AM
    Analysis of Visa prediction if Bill passes in senate in current form


    90,000 visas to clear backlog, 10% county limit.

    9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).

    Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?


    Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.





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  • cdeneo
    03-26 10:05 PM
    Update for anyone who would find this useful -

    I sent my app using USPS express mail (next day delivery) with online tracking/delivery confirmation. No issues with delivery to PO BOX.





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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • ndbhatt
    06-23 12:11 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.





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  • mchundi
    12-17 10:54 PM
    Can any senior Guy/Guru confirm this...

    "USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
    I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.



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  • frost_oni
    04-10 04:27 PM
    yeah, they look better :thumb: i like your new stamps, but somehow, the blue background...oh well, anyway, they are very good!





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  • njboy
    10-30 04:02 PM
    yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
    1) establish action items
    2) find volunteers to carry out specific action items
    3) set drop-dead dates for each item
    4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
    5) list out our progress/obstacles/lessons learnt



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  • raydhan
    01-01 02:22 PM
    Absolutley interested in getting this movement going. Having been looking for this type of vehicle. Happy to see some Oklahoma interest.
    The ability of filing I485 even without PD's current is my prime goal at this time, want to fight for all round reform.

    Dear Ananth Prasad,
    If you are sincerely interested in joining this intiative, please email me at raydhan@hotmail.com.

    Happy New Year.





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  • rogerdepena
    07-17 09:53 PM
    Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..


    good idea. i stopped watching CNN since I've watched Lou Dobbs. I can't stand Lou Dobbs, he's a creature of hate. CNN should have the moral sense of firing Lou Dobbs. I guess CNN ASIA is totally a different animal, nevertheless I am not patronizing any CNN affiliated companies. Boycott them and spread the word.



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  • Jaime
    09-15 08:35 PM
    bump





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  • eastindia
    04-22 10:10 AM
    This is all election fever and fear, they could have easily passed or amend Legal immigration first before taking CIR. Legals are SCAPE GOATS in the hands of Hispanic Caucus.

    Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.

    Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.

    Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.

    I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..



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  • masterfender
    04-28 03:18 PM
    Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.





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  • absaarkhan
    01-31 12:06 PM
    I-94 validity given by immigration officer over-rides the I-797 I-94 validity

    Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
    USCIS with your I-797. This is Per the "Last Action Rule".
    When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.

    Anyway, its too late now and you have the following 3 Options:

    1. You can go any of the Customs And Border Protection deferred Inspection sites
    and get it corrected, refer to link below to go the site nearest to you.
    Also, it DOES NOT have to the same city where you entered US. You can
    go to any site.
    http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    2. You can go out of US and while entering back you should make sure you use the
    Latest Approval. You can go to Canada by Road and Come back.

    3. File for H1B Extension before June 2008 which is the Current I-94 date on your
    Passport

    Other Senior Members feel free to Add more Options.



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  • immig4me
    11-03 10:08 AM
    I don't care much for either party, but I do find "talking points" abhorring as it never considers the practical matters...........

    What is it about the immigration debate that makes Republicans in Congress act like children?

    In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."

    The answer: A lot.

    John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.

    According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.

    So to remove 10 million illegal immigrants, it would cost about $65 billion.

    There you go, senators. Will that be cash or charge?

    Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.

    Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.

    "No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."

    Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.

    The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.

    This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.

    As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.

    "You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."

    There you have it. Right on cue, seven Republican senators have stopped making sense.


    Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
    Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)





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  • pa_arora
    09-21 11:45 AM
    .. by trying to get our provisions included in this bill .. Duh..

    I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?

    ciao
    -p



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  • DSLStart
    07-29 11:22 AM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

    My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.





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  • amar123
    07-19 04:02 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.

    Thanks,
    Amar.





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  • sanz
    08-07 11:48 AM
    good one.....:D:D:D:D





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    08-20 10:44 PM
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    Fugu
    01-10 12:12 PM
    Hello, I just want some clarification please.

    My husband has a L1A (we came to the US on an L1B which was converted to an L1A after 4.5 years). The current visa runs out June 2011, that will be our 7 years. We have decided to move forward with a Green Card. However, this morning we received a email from his HR saying they have checked with an immigration guru and they have said that we have to leave the US for 1 year (to re-enter as an L1A again) as we have L1A status and not H1B status, (if we had H1B status they could move forward with the GC). They also said, they can however start the GC process whilst we are out of the country but it will take from 6 -8 years. Do we have to leave the US for a year or can we convert an L1A to a GC.

    Also if we did not get a green card before June 2011 (visa expiration) would we have to leave the US or could we stay awaiting the GC processing.

    Thanks for any help.



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