الأحد، 26 يونيو 2011

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  • morchu
    05-04 12:37 PM
    AR11 is legal requirement. And that is the first step.

    But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

    What is the second step you are referring to? I thought only an online AR-11 is good enough.

    I will be changing my address next month (same zip code and state).




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  • smuggymba
    09-17 10:53 PM
    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.

    how much spillover are we talking about? In the other predictions threat ppl posted that 40K is needed just to get to July 2007.




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  • rkotamurthy
    09-30 08:10 PM
    bump ^^^^




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  • tnite
    03-31 06:24 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13
    EB2/TSC
    PD:12/04

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

    If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
    You can change your employer 180 days after filing your I485 provided your I140 is approved.
    Think twice before you act



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  • anu_t
    05-13 04:53 PM
    His position requires Masters Degree

    The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
    just "masters degree required" is sometimes not enough.




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  • fromnaija
    07-19 11:16 AM
    If you are here on H1 and your dependent is in H4, it's your right to claim all the deductions that you are entitled to. For tax purposes your are a legal resident alien. I have routinely claimed Hope Credits for all my dependents and lifetime learning credits for myself.

    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.



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  • CatsintheCraddle
    05-04 04:59 PM
    No, the I-130 was never denied, I don't think it was ever approved either though. I have receipt notices for everything we applied for but on the website, I can only check updates for my EAD (forgot the # of form) and my I-485.

    The letter of denial states it's my I-485 that has been denied, there is no mention of the I-130. Of course it then goes on to mention that any EAD's travel docs. etc have been revoked. I can not appeal the decision but I'm allowed to reapply or file for motion to have case re-opened.

    I am worried about what box to check but I'm going to an info pass meeting tomorrow, I'm hoping they can help me with that.




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  • logiclife
    10-15 02:12 PM
    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.

    But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

    It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.



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  • forever
    08-03 10:38 PM
    Just curious..how do you get this press release...its not yet up on their site.

    Go to Home page and click on Press Room. You can see updates for Aug, July.




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  • kaisersose
    10-17 11:47 AM
    Hi,

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?

    Thanks,

    By definition, if they were similar, they would be under the same main code.

    Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.



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  • logiclife
    12-15 11:27 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    Immigration Voice has this program for free legal advice(see homepage, 4th item) where we are getting help from Sonal Mehta-Verma. You can consider her for hiring as your lawyer. Her website is http://www.nankin.com/ .

    -- I am promoting this lawyer on this website as this website and organization have sought help and she has given free legal advice to several IV members on the scheduled conference calls. I dont personally benefit from this promotion or from the business directed to this law firm.




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  • Rb_newsletter
    02-10 12:52 PM
    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.



    I like this point.



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  • tampacoolie
    06-30 05:24 PM
    Nothing make sense here, since USCIS itself preparing for large volume of I485 cases in July. They infact stopped the premium processing effective from July 2nd. So why they have to go back to stone age dates? Moreover, new fee gets effective from July 29 and if anyone files on/after July 29 do not required to shell out AP and EAD renewal fees during endless I-485 approval. If they get everyone filed before july29, then everyone end up with paying AP and EAD renewal fees for next decade. This would generate lots of positive cash flow for USCIS and immigration attorneys. So they must be generating this panic attack to make sure everyone file July first week or second week.

    What a way to make some quick millions here :confused:




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  • eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.



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  • trueguy
    08-11 10:57 AM
    please add year 05, 06, 07 and 08 too.

    Please vote here for cases with PD of Jan 2004 onwards:

    http://immigrationvoice.org/forum/showthread.php?t=20797

    Thanks.




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  • validIV
    04-16 11:46 AM
    See my answers in red

    I did not wan to create a separate thread since I have similar questions:

    My situation:

    US pharmD graduating in may 09
    H1B approved ( start oct 09)
    OPT not approved yet
    Married to F-1
    child born in US
    Country- Gabon (both)
    city- nashville TN
    Company-CVS


    Facts:

    My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
    I pass my boards in June, I should be go to go for GC filing as soon as October.

    Questions:

    1. is changing address within the same city affect GC procress? Its not a big deal, people do it all the time. Its a two step process, much easier if you have a lawyer file your applications since they will usually get copies of all correspondences with USCIS and they will take care of this for you. If you are self filing, you will need to take care of both steps yourself. See this: https://egov.uscis.gov/crisgwi/go?action=coa

    2. What r the pros and cons of filing GC that early into employment?The earlier the better. The CVS guy told me usually people prefer to wait longer before filing for GC. why? Corporations and businesses do not make it a habit to file GC/PERM apps for their employees if they are only temp or on probationary periods. Normally when they hire someone, they are on probation with the company for a year or so. If they like your work they will keep you and file your application for permanent residency. So normally businesses dont file your GC app until after 6 or 12 months. With CVS, consult your supervisor what the standard filing procedure is. Do not overstep the company policies and file yourself. You need them to file it for you when they are ready and willing.

    3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. Does not matter what status your husbands is in as long as it is valid. You can research the pros and cons of H4 vs F1 yourself, that alone is another thread's worth of discussion. You specifiy your husband as a dependant of your GC application usually at the last step before your I485 approval, when your PD becomes current.

    4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance. I was in the same boat as you, coming from F-1 to H-1. You are doing the right thing by expanding your knowledge base and asking people. Work hard at what you do and follow up once your application is filed. With the economy the hardest part is finding a job that will sponsor H-1 but youve already gone beyond that point.



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  • english_august
    06-08 07:58 AM
    For Postmortem, I think we should focus on one thing, how did that number 90,000 for reducing backlong of EB visas got into the bill in the first place? For illegal workers they did it by percentage to eliminate the backlog in 5 years. Why wasn't something similar done for EB visas?

    I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.

    On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.




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  • nayekal
    02-20 06:17 PM
    Hi

    To best of my knowledge
    A1. H1
    A2. no time limit.
    A3. Yes she needs H1 Stamping.
    A4. You can reapply H4 for her

    If I am wrong please correct me.

    I disagree with A3.
    She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
    She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.

    IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.




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  • rbalaji5
    02-09 04:12 PM
    Hi Bojja,

    Do I need a canadian visa to go to Canada.?.

    Thnx.




    rogerdepena
    07-17 11:45 PM
    haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...

    there is an online petition happening here..

    after we have seen what can be achieved, I don't think so it will be really tough to make it clear..

    I already signed the petition but it is also important that we stop watching them. Don't visit CNN.com since it's advertising is based --in a way-- on the number of hits. Don't buy time magazine since it is affiliated with CNN. During casual conversation, if the topic is about news, make it a point to tell your friend that you are doubting the integrity of CNN since some of it's shows are anti-immigrant --both legal and illegal. If you are lucky(or unlucky) to be included in a survey about "NEWS NETWORKS", leave a comment and be specific that you don't like CNN because it supports "Lou Dobbs." This small things might not mean a lot but it's a step to the right direction.




    coolmanasip
    07-19 09:58 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863



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