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  • alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex





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  • transpass
    09-15 04:59 PM
    Friends, enlighten me...Is this chat about long term action plan or is it the immediate action plan for oct bulletin retrogression?

    If it is for the former, then that's fine and we have to pursue...

    Then what about the latter? If it is for the latter, then we hardly have any time in Sep to atleast get something out of the remaining couple of weeks in Sep. No offense, but it is taking too long in the discussion and therefore I am for sending individual protests in the meantime before we finalize and decide the longterm action plan. So based on discussions couple of days ago in the forum, I am sending an individual protest letter (that was generally agreed upon in other threads) and fliers along with with it...





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  • omved
    10-02 02:25 AM
    Not bad, got visa approved same day. This was my 7th year H1 extension, while I485 is pending, applied last year July..

    Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..

    Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..

    Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)

    Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2

    All the best to you all...





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  • gcdreamer05
    11-18 03:48 PM
    Hi All

    I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.

    My Question is will there be any issue as their visa was issued in 2007 but they are visiting now

    Do I need to send any new documents( I have moved onto EAD )

    Looking forward to hear suggestions.

    Absolutely no issues in visit date and visa received date, my parents came here in 2006 but got their visas in 2003, no questions were asked about delay. But at POE they did ask for return tickets photocopy or print out.



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  • ss_col
    08-13 01:15 PM
    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks





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  • neobuddha
    10-14 03:28 PM
    You can provided:
    a- If have not used your AP, if it is single entry
    b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.

    Good Luck,

    -Neo



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  • Prashanthi
    05-27 05:15 PM
    it only makes sense to avoid a labor cert if you file under one of the EB-1 categories as this is current, you can avoid the wait for the visa numbers which is substantial. The three categories under the first preference are: (I) Persons of Extraordinary Ability, (ii) Outstanding Professors and Researchers; and (iii) Multinationals Executives or Managers.
    You may qualify for the 1st or 2nd one depending on your achievements.





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  • pkv
    06-06 04:34 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)


    Thanks,



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  • bombaysardar
    07-22 06:21 PM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also.





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  • milind70
    11-06 12:49 PM
    I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions

    1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
    2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?

    Thanks in advance

    You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.



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  • Eb3Pro
    01-25 11:03 AM
    Hello everyone,
    I went online to check the status of my I-485 and it displayed me the following message

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    What does it mean? Does it mean that I-485 is approved.

    Pls guide.

    Kapil

    I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
    if you(or lawyer) have not changed address then contact USCIS.





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  • wam4wam
    03-06 12:38 PM
    i contacted Senator dewine, urging him to back the PACE act
    here is the reply i got

    keep ur fingers crossed:)


    Dear xxxxxx

    Thank you for contacting me regarding illegal immigration. I agree
    that
    illegal immigration is a very serious problem and appreciate knowing
    your
    views.

    Currently, there are approximately 11 million undocumented immigrants
    in
    the United States, with close to 1 million more arriving every year.
    Yet,
    our current immigration system is broken. It is a system that is not
    good
    for American security, particularly during our fight to combat
    international terrorism. It is not good for American workers and
    businesses. And, it is not good for the immigrants, themselves.

    To tackle this problem, we must have a comprehensive immigration plan
    that
    toughens our borders, documents illegal immigrants, and provides for
    American labor needs. The Senate Judiciary Committee, of which I am a
    member, is set to take up immigration reform soon. In fact, several
    immigration bills are currently pending before the Committee, including
    a
    border protection bill passed by the House of Representatives in
    December
    2005. As the Judiciary and the full Senate debate immigration reform,
    I
    will be certain to keep your views in mind.

    Again, thank you for contacting me. If you have any additional
    concerns,
    please feel free to contact me anytime.

    Very respectfully yours,
    MIKE DeWINE
    United States Senator

    RMD/bf

    Disclaimer: The email account that this message originated from does
    not
    accept inbound messages, therefore please send all electronic
    correspondence through our webform located at:
    http://dewine.senate.gov.



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  • gchopeful
    07-17 07:03 PM
    After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.

    So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.


    I'm sorry, I think I misspoke.

    From the USCIS memo posted on AILA's website (ref: http://www.aila.org/content/default.aspx?docid=22912):

    USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
    apply to all other applications filed on or after July 30, 2007).

    So I guess, the old fee will still apply even after July 30th for 485 filings.. and I guess no free EAD benefits will apply either. Sorry if I caused any confusion.





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  • Pagal
    06-02 09:49 AM
    Hello,

    Sorry to read that! Definitely file a lawsuit to ask not only for 30k, but also for financial hardship resulting from the outcome.

    Regarding reentry, there should not be any problem for your Mom as the bills were addressed to you (so her name should not be on defaulter list).

    There is insurance (Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..us) - which covers pre-existing conditions) and their rates are competitive. But I've never had to file a claim, so don't know if they would be different...



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  • Junky
    09-10 08:17 AM
    Please call congressmen to support HR5882.

    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706
    Ric Keller (R-Fla.)202- 225-2176
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
    Jim Jordan (R-Ohio) 202-225-2676
    Betty Sutton (D-Ohio) 202-225-3401
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Trent Franks (R-Ariz.)202- 225-4576
    Luis Gutierrez (D-Ill.)202- 225-8203
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Howard L. Berman (D-Calif.) 202-225-4695
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
    Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
    Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
    Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
    Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
    Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
    Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
    Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
    Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
    Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
    Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
    Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
    Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)

    My apologies for re-posting...
    but looks like we are all late... in the GC waiting game:rolleyes:
    Hard to remain hopeful





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  • Blog Feeds
    02-08 06:10 PM
    AILA Leadership Has Just Posted the Following:


    http://1.bp.blogspot.com/_BVX2dyjOs1A/S2tY9R5yekI/AAAAAAAAAEA/6j-5FejqQ8g/s320/waiting-in-line.jpg (http://1.bp.blogspot.com/_BVX2dyjOs1A/S2tY9R5yekI/AAAAAAAAAEA/6j-5FejqQ8g/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
    The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!

    If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!

    It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.

    When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?

    These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)



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  • gclabor07
    02-12 08:31 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.





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  • rocky123
    05-01 09:31 PM
    I complete 6 yrs on H1-B in August, 2007

    Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.

    Have a good job offer from company B, but seek your clarifications before I move further.

    a. If I move now, can I take my 3 yr extension filed by company A with me or

    b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?

    Kindly help me out.

    I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
    is making my life miserable.

    Thanks





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    03-12 07:24 PM
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    print0104
    08-30 09:05 PM
    um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
    Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.

    By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
    Thank you guys~

    Hello, guys, I really need your help~~
    Is anybody here who could really analyse me situation???

    Thank you so much~~





    kumarr
    06-12 09:28 PM
    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:
    -------------------------------------------------------------------------------------------------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
    --------------------------------------------------------------------------------------------------------

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.



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