Jumat, 10 Juni 2011

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  • pd_recapturing
    06-21 02:29 PM
    Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?





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  • conundrum
    09-19 12:16 PM
    One of friend is in a similar boat. While she was on her F1 she worked without authorization and since then she changed her status from F1 to F2 and finally to H4. Her husbands GC was approved, but hers wasn't. So now the attorney has filed for appeal based on 245K, as he feels that since she has left and country and re-entered it on multiple occasions on a different statuses the immigration officer should only look for inconsistencies in her application only from the time of last legal entry. Does this approach make sense. So what is her status now?





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  • cox
    October 6th, 2005, 01:52 AM
    Over a hundred people have looked at this and no one has anything helpful to say about extension tubes?!? Guess I'm on my own...





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  • greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • wonderlust
    08-08 05:27 PM
    This is correct. I went to USPS a couple days ago. If I fill out the inquiry form and send it in to USPS headquater, they will track it. If it is cashed, they'll let me know who cashed it. If it is not cashed 60 days from when you first bought the money order, USPS will refund the money to me.

    The problem for us is: given the chaos and delay in the immigration process, we cannot be sure the USCIS cashes the check within 60 days of receiving it. If we file inquiry for the Money Order with USPS, we risk canceling the MO before USCIS can cash it. Then our case is screwed...

    I hate USPS... They should have offered the option to seperat simple inquiry and request of refund... I cannot believe this sh&*&*!:mad:

    Good luck to us anyway. Next time, use your personal check or MO from your bank...

    >>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<

    The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.

    CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.

    If cashed they give you the person's ID who cashed it.

    So, wait for a while before you invoke the process.





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  • pkd666
    04-07 04:41 PM
    To be very clear what I�m saying below is what I heard from a friend. I do not have a first hand knowledge

    My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..

    Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months



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  • reddy_h
    08-02 01:25 PM
    I don't think so but check with the issuer. Sometimes they might tell.





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  • mambarg
    07-24 07:08 PM
    My attorney uses Fedex and we get receipts on time.
    I would recommend to use Fedex instead of UPS.



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  • abhay
    01-20 11:51 AM
    Thanks So Much Ann, That gives me direction and what to request my employer when I talk to them later this afternoon.

    I have one more question? When I spoke with USCIS and opened the inquiry in dec 2010. why did they come up with " RFE resposne not received till todate?" Do you think thye just checked the online status and responded back. My lawyer says that they spoke with someone at Texas service center and they told them that they have received the response. Thanks





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  • prabirmehta
    03-22 02:56 PM
    Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.

    Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.



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  • inthehole
    08-23 06:18 PM
    I have been trying to book an infopass at Hartford office for the past one month. I been trying to every 2 hours for at least 8 times constantly every day.
    Every time I get a message saying "No information appointment is available at this time. Please try again later" message.

    Any body have this problem. I have been trying to get infopass since my EAD is going to expire and I am experiencing delay in EAD renewal process.





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  • JazzByTheBay
    08-21 11:25 AM
    I filed at TSC, transferred to CSC, receipted, transferred to NSC - so not exactly the same situation. Interesting to note your case filed on 7/27/07 is being processed.

    Mine was filed on 06/30/2007
    RD: 07/02/2007.
    USCIS says they're processing by ND ("when it was entered... ").

    Signs of life @NSC, nevertheless.... :)

    jazz



    I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.



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  • Springflower
    07-17 12:38 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.





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  • Legal_In_A_Limbo
    01-14 05:55 PM
    What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.

    The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.

    Thanks.



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  • EB3IFiasco
    04-22 12:34 AM
    Jonas - Are you sure you have a EB3 labor? i.e. less than 5 yrs of experience and/or a miniumum BS as opposed to greater than 5 yrs of experience and/or master's or higher (EB2)? If latter than you may file your I-140 under EB2.

    EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.





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  • arnet
    09-13 02:28 PM
    Started this thread just to encourage us after oct bulletin:

    We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.

    As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.



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  • kprgroup
    12-28 10:03 AM
    Background OF Myself
    ----------------------
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

    Question

    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

    Thanks
    KPR





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  • Dhundhun
    06-26 09:43 PM
    Dear Fellow IVians
    quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
    Big question is
    1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
    2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
    The entries for "Class requested" is shown as C09 in both cases, which i believe correct.

    Help:
    Has anybody received like this before? if it's normal, i'm not worried
    If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????

    Thanks in advance
    Satya

    Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737

    Efiled EAD passing through multiple service centers

    Mailed:
    .... Confirmation Receipt
    .... Photocopy of I485 recept
    .... Photocopy of EAD both side
    .... Original letter which came with EAD (after tearing upper part - for quick processing)
    Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
    FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).





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  • james_bond_007
    04-03 12:12 AM
    I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
    I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.





    fittan
    09-18 11:18 AM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.





    gauravsh
    05-04 06:27 PM
    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.

    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.



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