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  • amulchandra
    05-10 02:16 PM
    Actually I am using IE.

    Thank you

    Indira




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  • pkv
    02-08 08:17 PM
    Thanks all of you for your responses.

    But I'm still not clear about one thing... which center I should file EAD application with?

    I'm in California, My I-140 was approved by Texas service center.
    I-485 was filed with Nebraska but transfered to texas service center.
    Now my I-485 is pending with Texas service center.

    Thanks again...




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  • n_2006
    07-16 10:52 AM
    If look at you at Pappu's announcement, it is certian that core team knows what fix is going to be. And he let members to guess and speculate.

    This GC became more like lottery. I sent my documents to lawyer on Jun 25th and he did not file on 2nd and now he is asking me whether to file or not. If my lawyer and employer are that cooperative, I do not need to waste my time on this forum.




    well said..




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  • hsingh82
    04-23 12:37 PM
    Anyone please?



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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.




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  • anemmani
    01-04 10:11 AM
    H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)

    Nag



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  • wrldnw4me
    01-31 10:29 AM
    We are under Legal Slavery.




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  • karan2004m
    09-15 12:12 AM
    Dude,

    I am planning to travel on AP first time. Can you pls reply:-

    1. What all documents are required apart from AP to re-enter US?
    2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?

    If you can, pls reply..

    Thanks
    K



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  • Blog Feeds
    05-17 12:40 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

    Requirements

    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.







    More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)




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  • chanduv23
    06-16 07:53 AM
    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:

    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"



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  • sunny1000
    01-14 05:30 PM
    Here is an exaustive list of charitable orgs (source: msnbc):

    Haiti earthquake: How to help - Haiti earthquake- msnbc.com (http://www.msnbc.msn.com/id/34835478/ns/world_news-haiti_earthquake/)

    ------------------------------------------------
    Action Against Hunger, 877-777-1420
    Agape Flights, 941-584-8078
    American Red Cross, 800-733-2767
    American Refugee Committee, 800-875-7060
    American Jewish World Service, 212-792-2900
    AmeriCares, 800-486-4357
    Beyond Borders, 866-424-8403
    B'nai B'rith International, 202-857-6600
    CARE, 800-521-2273
    CarmaFoundation
    Catholic Relief Services, 800-736-3467
    Childcare Worldwide, 800-553-2328
    Church World Services, 800-297-1516
    Concern Worldwide, 212-557-8000
    Convoy of Hope, 417-823-8998
    Cross International, 800-391-8545
    CRUDEM Foundation, 413-642-0450
    CRWRC, 800-55-CRWRC
    Direct Relief International, 805-964-4767
    Doctors Without Borders, 888-392-0392
    Episcopal Relief and Development, 800-334-7626
    Feed My Starving Children, 763-504-2919
    Food for the Poor, 800-427-9104
    Friends of WFP, 866-929-1694
    Friends of the Orphans, 312-386-7499
    Habitat for Humanity, 1-800-422-4828
    Haiti Children, 877-424-8454
    Haiti Foundation Against Poverty
    Haiti Marycare, 203-675-4770
    Haitian Health Foundation, 860-886-4357
    Healing Hands for Haiti, 651-769-5846
    Hope for Haiti, 239-434-7183
    International Child Care, 800-722-4453
    International Medical Corps, 800-481-4462
    International Rescue Committee, 877-733-8433
    International Relief Teams, 619-284-7979
    Islamic Relief USA, 888-479-4968
    Lions Club International Foundation, 630-203-3836
    Lutheran World Relief, 800-597-5972
    Medical Benevolence Foundation, 800-547-7627
    Medical Teams International, 800-959-4325
    Meds and Food for Kids, 314-420-1634
    Mennonite Central Committee, 888-563-4676
    Mercy Corps, 888-256-1900
    Nazarene Compassionate Ministries, 800-306-9950
    New Life for Haiti, 815-436-7633
    Operation Blessing, 800-730-2537
    Operation USA, 800-678-7255
    Oxfam, 800-776-9326
    Partners in Health, 617-432-5298
    RHEMA International, 248-652-9894
    Rural Haiti Project, 347-405-5552
    The Salvation Army, 800-725-2769
    Samaritan's Purse, 828-262-1980
    Save the Children, 800-728-3843
    UN Central Emergency Response Fund
    UNICEF, 800-367-5437
    United Methodist Committee on Relief, 800-554-8583
    World Concern, 800-755-5022
    World Hope International, 888-466-4673
    World Relief, 800-535-5433
    World Vision, 888-511-6548
    Yele Haiti, 212-352-0552
    Wyclef Jean's grassroots org
    Text Yele to 501 501 to donate $5 via your cellphone
    -------------------------------------------------------------------
    Also, be very careful about donating to unknown sites/emails. They could be scams (source msnbc):

    Finally, the FBI urges people who are looking for ways to help with earthquake relief to be wary of solicitations that could be from scam artists.

    Beware of bogus online 'help' for Haiti - Security- msnbc.com (http://www.msnbc.msn.com/id/34845486/ns/technology_and_science-security/)

    "Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for a charitable organization or a good cause," the FBI said, in passing along these tips:

    Ignore unsolicited e-mails, and do not click on links within those messages.
    Be skeptical of individuals representing themselves as surviving victims or officials asking for donations via e-mail or social networking sites.
    Be cautious of e-mails that claim to show pictures of the disaster areas in attached files, because the files may contain computer viruses. Open attachments only from know senders.
    Decline to give personal or financial information to anyone who solicits contributions.
    Make contributions directly to known organizations, rather than relying on others who claim in e-mails that they will channel the donation to established groups.
    The FBI says anyone receipting an e-mail that appears to be a scam should forward it to this Web site: Internet Crime Complaint Center (IC3) | Home (http://www.ic3.gov)




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  • dcrtrv27
    09-16 11:21 PM
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  • vivaforever
    07-17 07:01 PM
    Immigration Voice is healthy and kicking. No flowers Please. Contribute instead !

    I personally know some individuals who read IV and never registered/contributed. Please encourage those bystanders around you to be part of this movement.




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  • gcdreamer05
    01-30 11:07 AM
    Sorry to hear about your situation...

    There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.

    If you are eligible to apply for an EAD do that too.

    Really sorry man, dont worry this too will pass for sure...



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  • CantLeaveAmerica
    12-08 05:37 PM
    not a redundant mail..just their process.
    I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
    I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)




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  • Humhongekamyab
    05-15 04:42 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    If you think nothing is going happen then definitely nothing will happen.



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  • WeldonSprings
    10-28 10:40 AM
    I think they have started Receipting Delays at NSC. By the way, did you have any RFE on your I-485 in Aug/Sept. 08.

    I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.

    Is there anybody else in the same boat,Btw, the service center is NSC.




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  • indyanguy
    01-14 01:40 PM
    The HR is not willing to give a letter in the format I requested. I heard opinions from different forums that in situations like this, a colleague's letter would be sufficient.

    Also, do I need to submit TWO letters from each company?




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  • GCard_Dream
    04-05 03:29 PM
    I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

    I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

    * transfer H1B - 1 month
    * New labor - 3 month (max)
    * I-140 - 1 month (premium)

    So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

    1. Is the timeframe I am thinking realistic?
    2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
    3. What could be the greatest risk in transferring companies at this stage?

    Thanks in advance for your help.




    godbless
    04-16 11:41 AM
    Bump.




    gcformeornot
    12-31 01:46 PM
    logged in this time. Can you do few more clicks and vote...... please....



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