Monday, June 13, 2011

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  • sbdol
    07-20 10:18 AM
    I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
    Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
    Also there is a great injustice to those who had to go through the BEC black hole.
    I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).

    So how to fix all this in a way that it would not affect negatively anybody?
    The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
    This would PARTIALLY restore justice without punishing anybody.

    USCIS will be happy as it would take off some pressure from their delays.

    Legislators are happy as more people will be able to vote for them.

    Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.

    All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.

    The current losers in immigration process would automatically catch up (almost) with the luckiest ones.

    Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.

    Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.

    Employers are NOT UNHAPPY since the measure does not affect them in any way.

    If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
    Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.




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  • needhelp!
    11-13 09:29 AM
    > > apostrophe IS OUR 100TH MEMBER < <




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  • Vinny
    02-09 01:17 PM
    Hi,

    My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
    1. Does he need to file a transfer memorandum ?
    2. WIll there be a change in wages ?
    3. Are there any other steps before he starts to work in BayArea ?

    Please help.

    Thanks.




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  • gcformeornot
    07-09 07:27 AM
    join. I have seen so many friends working daytime at US clients and co-ordinating offshore work to these companies in nighttime and WEs. Plus their projects are mostly short term.... they move you a lot.....

    GC processing policies are restricted to only very few Key account managers and marketing managers...



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  • waitingmygc
    09-08 01:32 PM
    Permfiling,

    Your response to this post is harsh/mean.

    Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?

    We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.

    Frostrated,
    It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.




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  • mambarg
    08-03 04:32 PM
    This is exactly what everyone is doing.
    All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.

    Surely , you can file another EB2 140 and later when that becomes current, file another 485.



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  • Cranberry160
    12-02 12:20 PM
    Miamikk,

    I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!


    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!




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  • abhijitp
    07-17 06:25 PM
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf



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  • nb_des
    02-13 10:17 AM
    i spent around 3000$ for studies, could get only 2000$ under lifetime...

    is there anyway i can claim the entire 3000?

    I don't think you can use both lifetime credit and tution deduction. Lifetime credit is a credit applied directly to amount of tax you owe and tuition deduction reduces your taxable income. You can use only one ( whichever gives you maximum benefit).




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  • Legal
    08-15 08:13 AM
    USCIS is fishing form I485 application pool, in approvable cases, 2006 cases are nearest and an easy catch.

    the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.

    To top it all there is total disconnect between TSC and NSC.



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  • masterji
    07-21 08:21 PM
    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.




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  • jamsumfarray
    11-16 07:09 AM
    Hi
    I was thinking of askign my lawyer to change my case from non rir to rir ?
    i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
    My pd is oct2002? nothign heard after teh 45 day letter....
    thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
    thanks



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  • immi_enthu
    06-04 09:40 AM
    Hello,

    I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

    Can anyone help me please?

    It's not cancelled yet. But there's been talk that USCIS may terminate it soon.

    http://www.immigration-law.com/Canada.html

    05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

    * As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.




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  • WaitingUnlimited
    09-21 02:31 AM
    I am not an attorney but I was in almost similar situation.

    1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

    2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

    3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.



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  • muthukmk
    08-03 04:39 PM
    Hi,

    I would like to understand more clearly what would happen for my EB3 485 case if it gets approved meanwhile and I'm still waiting for EB2 to becoming current to apply for 485. Will USCIS reject my Eb3 application saying I have a pending EB2 application for AOS.


    I will put a ficticious case.

    EB3 India PD March 2005
    I140 approved June 2007
    Applied for 485 on July 2nd 2007.

    Meanwhile say in Nov 2007 I file for a fresh EB2 case

    and USCIS sends me approval notice for already filed EB3 case in Nov 2007

    What will happen then.


    Regards




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  • StuckInTheMuck
    05-04 03:39 PM
    [I apologize for starting a non-immigration related thread on this personal question.] I am trying to quickly book a US-India Lufthansa flight via Frankfurt for June travel, and the one I am looking at gives me 2-hr stopover (+30mins for boarding) at FRA in between connections, in the same terminal, on the return leg of the trip. My question to those of you who recently traveled via FRA is whether 2-hr is long enough to make the connection. I haven't had such a trip in a while, and not up-to-date with any additional (passport/immigration) verification procedure at this airport. I do know FRA does not require a transit visa.

    Thanks a bunch for your time.

    Cheers,
    stuck



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  • akhilmahajan
    06-27 12:25 PM
    I think dec 2006 must not be a mistake, as thats the date they are showing they are working on............




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  • Wish_Good
    04-30 12:45 AM
    Hi All,

    My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.

    Looks like USCIS didn�t considered my current company�s approved 1-140.

    Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.

    I don't have EAD.

    Please some one share their experience and suggestions:

    *Usually how much time they will take to respond this kind of Appeals (MTR).
    And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
    *If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.

    Iam really worried, I got 2 younger kids.

    I request, Kindly give me your valuable advice.

    Thank You All,
    Wish Good




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  • manishs7
    06-11 07:19 PM
    This is causing confusion.......




    vicks_don
    12-11 02:21 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.




    upuaut8
    01-30 11:38 PM
    It's not the "swf" we're concerned with, it's the "fla", and it doesn't just do it with imported Swift3D stuff, but with jpg's and movie's and other imported media.

    Try this experiment.

    Open a blank Flash project. Save it as an FLA file, and note the file size.
    Import a large jpg, then delete it from the stage, and from the library.
    Save it again and compare file size again.



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