Saturday, June 11, 2011

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  • tiinap
    02-01 06:33 PM
    I've been trying to research this out of my own curiosity. All candidates speak in rather vague terms at this point in the campaing, but based on the candidates' own websites and media, here's what I've found:

    Let's start with Obama:
    (quotes from his campaign website):
    "Obama believes we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. (:))
    Obama supports a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens. (presumably, that would include us, if we're lucky, can maybe even get in line before the illegals)

    o Fix the Bureaucracy: Obama joined Rep. Luis Gutierrez (D-IL) to introduce the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair. Obama also introduced legislation that passed the Senate to improve the speed and accuracy of FBI background checks. (:))

    "Respect Families: Obama introduced amendments to put greater emphasis on keeping immigrant families together." (Does this include keeping temporary worker families together? :confused:

    "In the most recent immigration debate on the U.S. Senate floor, Obama fought to improve and pass a comprehensive bill. Obama introduced amendments to put greater emphasis on keeping immigrant families together and to revisit a controversial new points system that never received a proper public hearing. Obama will continue to work for a comprehensive bill that fixes our broken immigration system." ( :))

    BUT... Here is what Obama said on the Senate floor in June 2007 when the subject of points-based immigration system came up:
    "�For decades, American citizens and legal permanent residents have been able to sponsor their family members for entry into our country. For decades, American businesses have been able to sponsor valued employees. The bill before us changes a policy that, while imperfect, has worked well and will replace it with a new, untested, unexamined system to provide visas to immigrants who look good on paper, but who may not have any familial or economic ties to our country.�

    "..they support the amendment because the new points system shifts us too far away from the value we place on family ties and moves us toward a class-based immigration system.."

    �Our current immigration system delivers the lion�s share of green cards � about 63% -- to family members of Americans and legal permanent residents, while roughly 16% of visas are allocated to employment-based categories. The bill before us would reduce visas allocated to the family system in order to dramatically increase the proportion of visas distributed based on economic �points.� Once implemented, these new economic points visas would then account for about 40% of all visas, while family visas would account for less than half of all visas, with the remainder going for humanitarian purposes.�

    First of all, believes the current system has worked "well"! :D
    Wants to see a continuation of the system where family-based immigration is given priority :mad:
    Seems to be glad that only 16% of GC go to EB :mad:
    Laments the fact that 40% may go to educated immigrants under the points system. :mad: More educated immigrants, oh the horror!

    Votes: Voted in favor of amendment to cut proposed guestworker program in half in 2007 :mad:

    He's making some vague but good promises about fixing the system, and seems to be aware key issues like FBI namechecks. But the track record of what he has done in the Senate is pretty horrible. The points system would have given a huge advantage to anyone working in the US currently and Obama played a big role in taking that off the agenda.




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  • tabletpc
    05-28 12:02 PM
    Thanks Ramba, Thats greatly appreciated.

    In b/w as anyone heard of USCICS picking up 485 from later date and processing it or am i trying to be too pessimistic...???

    Just want to make sure I analyze all pros/cons before making a decision.

    Thanks ...




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  • gc_kaavaali
    09-16 03:55 PM
    Take a break of being responsible man.

    Education....
    Job...
    Nice life to parents and siblings...
    Marriage...
    Nice life to wife...
    kids...
    nice life to kids...

    THIS LIST NEVER ENDS. I WOULD SAY TAKE A BREAK BEING RESPONSIBLE MAN. :cool: You know what i mean to say!!! DO WHATEVER YOU WANTED TO DO FOR FEW DAYS (ATLEAST)


    I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..




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  • jayleno
    10-08 04:58 PM
    I recieved my I-485 reciept directly in the mail from USCIS. My attorney got his copy to thier address. I think you need to ask your employer. Since I-485 belongs to the employee, there is no reason for them to hold the original with them.
    Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?



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  • Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.


    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.


    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.


    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.


    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.


    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)




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  • gcwait2007
    02-17 01:54 PM
    Please find enclosed herewith URL:

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    which is relevant to your situation.



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  • perm2gc
    01-07 03:17 AM
    FYI:


    http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html


    another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
    :(




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  • MA001
    10-30 01:31 PM
    See this link, give your comments ( I suggest to be brief & to the point).

    http://blogs.usatoday.com/oped/2006/10/immigration_is_.html



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  • go_guy123
    09-08 03:39 PM
    points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Friends,
    Green card dream is over. Now it's the time to get back to India or other countries.

    uma001...you are very correct. The GC thing is over for India born applicants. The EAD people due to July 2007 fiasco will be in AP status for many many years
    to come.
    Had the July 2007 not happened, a whole lot of EB - India cases would have
    been finished by now due to job losses. So in way the July 2007 is a massive lifeboat for many EB2/3- India applicants.
    Economic cycles are around 7/8 years or so. There will be a recession again after around 8 years. EB2/3_India backlogs are longer than economic cycles.




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  • Ann Ruben
    04-17 12:32 PM
    Yes, absolutely.



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  • gcformeornot
    12-31 11:16 PM
    vote..............




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  • gauravsh
    04-28 08:57 AM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)



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  • franklin
    06-15 12:33 AM
    Hi

    Can I file for the I-485 before july 1st 2007?

    I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
    However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?

    thanks for your help.

    Not if your priority date became current in the July bulletin, no

    It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st




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  • webm
    10-12 01:06 PM
    If you have received a FP notice it has the 485 receipt# on it and this is enough to check the case status online.Dont worry if you still dont receive the physical 485 RN atleast you are able to check its status.

    HTH,
    webm



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  • joydiptac
    05-14 03:56 PM
    My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.

    How many more innocents will become victims for the crime they have not committed?

    Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
    Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
    Their future cannot wait for your petty political gains.




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  • Sakthisagar
    04-15 08:35 AM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless



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  • desidude
    07-22 12:12 AM
    sundarpn,

    I had the same questions and clarified with my attorney.

    1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.

    2. Yes, you can extend.

    3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.


    Nave_Kum,
    I don't understand your post. can you explain?

    I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (on H1b transfer):
    1. Will my 485 remain in good standing

    2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).

    3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)


    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]




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  • neobuddha
    10-17 06:37 PM
    Hi,
    In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.

    However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.




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  • ras
    04-03 01:22 AM
    there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....

    I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008




    sbmallik
    09-13 02:44 PM
    The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.

    Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...

    Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.




    mdcowboy
    02-22 05:14 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.

    Might it be a PIMS delaY? Just my opinion.



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