Sunday, June 26, 2011

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  • chanduv23
    12-12 10:41 AM
    Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.




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  • mariner5555
    03-14 03:01 PM
    I have met my rep. He took the letter etc but nothing happens after that. Starting a new campaign to the USCIS director doesn't dilute the issue, rather it makes our case stronger, this way we are telling them we are really really troubled...
    I think rather than a new campaign which asks members to send postal mail we should have one clear and nicely written letter where members can put their signatures or vote electronically (I guess something like this exists) ..this letter (with thousands of votes / signature) can then be sent to various organizations and important people (president, congress, realtors, lobbyists etc etc).
    I guess the main point to say would be the long waiting times, inefficient USCIS etc due to which lot of immigrants are going back to their home countries (therby leading to more outsourcing), lot of immigrants are not making big financial purchases (buying homes etc) etc etc

    footnote - The reason I bring housing is US always speeds up GC processing whenever they face a crisis - from what I have heard in 70's when they needed civil engineers and doctors - they would give them GC's very quickly ..whichever financial news you read - the bottom line is no one is buying houses - in legal immigrants case - why the heck would they if they dont know if they will be able to stay here permanently :-D




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  • LONGGCQUE
    05-12 04:22 PM
    correct




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  • reddymjm
    02-10 07:39 PM
    EB1 ----> EB2 ----> EB3 <---- EB4 + EB5

    instead of

    EB4 + EB5 ---> EB1 ----> EB2

    Just for a change.



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  • nk2
    06-06 10:53 AM
    If you are at office and can not call from your desk do the following

    Please call in suppoirt of Cantwell Amendment

    1. Print the phone numbers
    2. Print the talking points
    3. Take your cell phone and call from your Car in the parking lot

    Make as many calls as you can squeeze in. No number is too small or too large

    This is the do or die time for all of us.




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  • bikram_das_in
    04-20 09:48 AM
    Immigration reform is for all.....

    1) Path to citizenship for undocumented workers
    2) Relief to backlogged EB/FB immigration - pork for us
    3) Foolproof border security and enforcement of immigration law - pork for Antis

    So it's a win win for everybody. We should support this march and show our solidarity to CIR.



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  • abhay
    01-03 11:13 AM
    Yea, Dont let those european countries charge you for few hours of airport stay, They are taking advantage of people in the name of 9/11. I travelled via Middle east from DC, travel is shorter by 2 hours




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  • sk.aggarwal
    03-25 08:00 PM
    Yes, you can go out of US and use that time to recapture as long as you go within 6 yrs of H1. This is my understanding from my conversation with lawyer working to file my perm. I am planning to travel to India for a month or two once I know the exact time I need. Please help to advice if my understanding is inacccurate.

    link to another thread
    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html



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  • pnjbindia
    01-15 09:23 AM
    i got frustrated and applied for PP .... came back in 3 days... they are rediculous..




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  • sbajaj80
    09-12 02:49 PM
    Thanks tnite. Enjoy!!!

    I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....

    Where do guys see the LUD? And what number do you call the USCIS on? Thanx.



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  • chanduv23
    08-03 10:31 AM
    The reason they seem to be doing this is because of the kind of recomendations they get from various sources which complain about how the website is not helpful or how it is difficult to track information etc...

    One has to understand that such traditional type organizations have their own pace and deal with things in their own way.

    The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.




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  • GCisLottery
    05-25 08:17 AM
    It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)

    I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
    (2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
    in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
    October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
    the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
    paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
    Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
    -----------
    INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)

    245B:
    (b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.



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  • kcindian
    08-03 11:11 PM
    I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.




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  • sduddukuri
    02-09 08:24 AM
    Not sure, employer is not sharing the "reason for denial" letter. Since me and my wife went to india and got visa stamped, i didnot force them.



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  • sanprabhu
    07-13 05:58 PM
    Here is an excerpt from the blogs of one immigration attorneys

    I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.

    But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this

    http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html

    PS: If this is already discussed the moderators are free to merge it, chuck it

    If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.




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  • dingudi
    03-06 11:15 AM
    -----------------------
    You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.

    Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.

    Thanks

    JK

    sendmailtojk,

    My spouse burnt one of the finger and has a blister right at the spot where we take FP. So I am not sure if they will reschedule her or not. When we got her FP notice , we made some travel plans after the FP date but unfortunately this incident happened. Now if they reschedule the FP then most likely we wont be here for the rescheduled date. So I was wondering if I can just take the photocopy of the original FP notice (as for reschedule , we will have give up the original notice) and drive to another ASC after the finger heals and try to complete it there rather than wait for the original ASC to send us the rescheduled date. Is there a way to find out which ASCs allow walk in and which I dont. I am based in Boston and so pretty sure Boston ASC does not allow to walk in. They go strictly by appointments. So I am hoping to some other nearest ASC.

    Also as your family completed FP after your scheduled date and that too at another ASC, do you know what you will do when you receive the rescheduled appointment.

    If you could tell me if there is way to find out if an ASC is busy or not.



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  • kaisersose
    10-11 02:17 PM
    There is no problem here.

    In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.

    If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.

    Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.

    In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.




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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.




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  • ras
    09-18 09:58 PM
    Current Green Card Ajudication duration = {(PD Date) � (Current Date) + [security/Background Check (IBIS etc.)] + Name check + (1 OR 2 OR 3 FP�s) + (RFE�s AND RFE response times) + [nterview (if called for an interview)] + [Country AND Category(EB) specific Retrogression] + [(time behind applications which had older PD�s but later RD�s filed during Jun/Jul bulletin Fiasco)] + [USCIS errors (includes, sending FP�s to old address AND/OR other errors)]}




    TheCanadian
    02-08 03:44 PM
    Congrats!




    mrsahaayam
    09-02 01:10 PM
    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you



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