Sabtu, 11 Juni 2011

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  • rpat1968
    09-20 12:14 AM
    I got a response for the SR made through Infopass saying that there is lot of work load in NSC so there have extended the processing of my I-485. IN the SR we have asked about the incorrect EB classification and wanted to know the current EB category. This shows that SR responses are most of the times useless. I made a infopass appointment (3rd visit in 1 week) and was indeed able to find that USCIS screwed up my EB classification. Now I am trying all avenues to get this corrected. Because of USCIS's mistake I Lost multiple approval opportunities in last 2 years went dates became current for EB2.

    My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.





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  • desi3933
    02-18 01:14 PM
    No, it is not legal.

    I just checked and it seems that you are right.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 visa status holders can only do voluntary work.

    _____________________
    Not a legal advice.
    US citizen of Indian origin





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  • stuckinretro
    10-03 12:18 PM
    I received the same email for 131 waiting for the hardcopy.

    Hi all,

    I just got the below update from the USCIS website regarding my case.
    Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...



    Current Status: We mailed you a notice requesting additional evidence.

    we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.





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  • Britsabroad
    November 30th, 2008, 03:34 PM
    Thanks Ed! Im after one of these.



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  • thomachan72
    01-12 08:28 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Hi Floridasun, hope your superstition pulls off a miracle!!
    If it does I would strongly adivce you to purchase a lottery ticket :):):)





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  • map_boiler
    04-28 11:22 AM
    ...that the new job is similar or related to the pending I-485 application.

    Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.

    Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.

    Good luck!



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  • amsgc
    06-15 12:08 AM
    Hi,

    After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

    Will we need to file for H4?

    Thanks,

    Ams





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  • harivenkat
    06-28 03:17 PM
    Huge demand to live in U.S. part of illegal immigration problem (http://www.azcentral.com/arizonarepublic/news/articles/2010/06/28/20100628legal-immigration-high-demand.html#comments)

    WASHINGTON - While the national spotlight is focused on illegal immigration, millions of people enter the United States legally each year on both a temporary and permanent basis.

    But the demand to immigrate to the United States far outweighs the number of people that immigration laws allow to move here legally. Wait times can be years, compounding the problem and reducing opportunities for many more who desperately want to come to the United States.

    In 2009 alone, more than 1.1 million people, including nearly 21,000 living in Arizona, became legal permanent residents, according to the U.S. Department of Homeland Security's 2009 Yearbook of Immigration Statistics. The largest single group of new permanent residents nationwide, 15 percent, was born in Mexico. Six percent came from China and 5 percent came from the Philippines.

    Also last year, nearly 744,000 immigrants, including about 12,400 Arizona residents, became naturalized U.S. citizens. The largest group, with 111,630 people, was from Mexico. The second largest group, with 52,889 people, came from India.

    But those figures are eclipsed by the demand, which in part contributes to the problem of illegal immigration. Nearly 11 million immigrants are in the country illegally, according to estimates by the Department of Homeland Security. Earlier this year, there were an estimated 460,000 illegal immigrants in Arizona.

    But since Gov. Jan Brewer signed Arizona's controversial new immigration bill in April, hundreds, if not thousands, of illegal immigrants have left the state. And many more are planning to flee before the law takes effect July 29.

    Some are going back to Mexico. Many are going to other states, where anti-illegal-immigrant sentiment isn't so strong and where they think they will be less likely to be targeted by local authorities.

    "Insufficient legal avenues for immigrants to enter the U.S. ... has significantly contributed to this current conundrum," says a report by Leo Anchondo of Justice for Immigrants, which is pushing for Congress to pass comprehensive immigration reform.

    Arizona's immigration law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

    Temporary visas

    Temporary visas allow people to enter the United States and stay for a limited amount of time before returning to their home countries. In 2009, about 163 million people came in this way. The biggest groups came from Mexico, Britain and Japan.

    Among those who can obtain temporary visas: tourists; visitors on business trips; foreign journalists; diplomats and government representatives and their staffs; students and foreign-exchange visitors and their dependents; certain relatives of lawful permanent residents and U.S. citizens; religious workers; and internationally recognized athletes and entertainers.

    Temporary visas also are used to bring in foreign workers when U.S. employers say they do not have enough qualified or interested U.S. workers. Among the categories: workers in specialty occupations, registered nurses to help fill a shortage and agricultural workers. Mexican and Canadian professionals also are granted temporary visas under the terms of the North American Free Trade Agreement.

    Permanent residents

    A lawful permanent resident has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent-resident card, better known as a "green card."

    People petition to become permanent residents in several ways. Most are sponsored by a family member or employer in the United States.

    Others may become permanent residents after being granted asylum status. In 2009, nearly 75,000 refugees were granted asylum from persecution in their home countries.

    Immediate relatives of U.S. citizens are given the highest immigration priority and are not subject to annual caps that apply to other categories of immigrants. Immediate relatives are defined as spouses, unmarried children under age 21 and parents.

    Although there is no annual cap on the number of immediate relatives of U.S. citizens who can obtain green cards, there is a cap on the number of green cards for other relatives such as siblings and adult married children. That cap is about half a million people a year, according to the American Immigration Lawyers Association.

    Employment-based immigration also is limited to 140,000 people a year, according to the lawyers association.

    There also are limits based on a person's country of origin. Under U.S. immigration law, the total number of immigrant visas made available to natives of any single foreign nation shall not exceed 7 percent of the total number of visas issued. That limit can make it tough for immigrants from countries such as Mexico, where the number of people who want to come here greatly exceeds the number of people that the law allows.

    The estimated wait time for family members to legally bring their relatives into the United States from Mexico ranges from six to 17 years, according to a May study by the non-profit, nonpartisan National Foundation for American Policy. It is nearly impossible for a Mexican, especially someone without a college degree or special skills, to immigrate to the United States legally without a family member or employer petitioning on his behalf.

    The costs also can be high. A U.S. employer who wants to bring in an immigrant worker can expect to pay nearly $6,000 in fees and legal expenses, according to the foundation.

    A U.S. citizen or legal permanent resident petitioning to bring a relative to the United States from another country must pay a $355 filing fee for each relative who wants to immigrate, according to U.S. Citizenship and Immigration Services.

    Naturalized citizens

    In general, immigrants are eligible to become citizens if they are at least 18 and have lived in the United States as a lawful permanent resident for five years without leaving for trips of six months or longer.

    An applicant for citizenship must be deemed to be of good moral character, which means in part that they must not have been convicted of a serious crime or been caught lying to gain immigration status.

    Applicants must be able to pass a test demonstrating that they can read, write and speak basic English. They also must pass a basic test of U.S. history and government.

    Immigrants become citizens when they take the oath of allegiance to the United States in a formal naturalization ceremony. The oath requires applicants to renounce foreign allegiances, support and defend the U.S. Constitution, and serve in the U.S. military when required to do so by law.

    The time it takes to become naturalized varies by location and can take years. The U.S. Citizenship and Immigration Services agency is trying to improve the system and decrease the time to an average of six months.



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  • GotGC??
    01-20 09:11 PM
    ...of LC cases, by PD and category. Goes to show how scary the situation is without increase of visa numbers....just I-485 is a good first step, but there is a looooong way to go.

    Date NON-RIR RIR TOTAL
    Dec-97 760 54 814
    Jan-98 925 22 947
    Feb-98 29 4 33
    Mar-98 48 5 53
    Apr-98 42 1 43
    May-98 35 1 36
    Jun-98 43 3 46
    Jul-98 36 1 37
    Aug-98 36 3 39
    Sep-98 33 3 36
    Oct-98 60 3 63
    Nov-98 34 1 35
    Dec-98 34 6 40
    Jan-99 36 2 38
    Feb-99 34 3 37
    Mar-99 42 2 44
    Apr-99 42 3 45
    May-99 49 11 60
    Jun-99 38 6 44
    Jul-99 35 5 40
    Aug-99 43 8 51
    Sep-99 38 8 46
    Oct-99 68 7 75
    Nov-99 49 27 76
    Dec-99 57 25 82
    Jan-00 43 49 92
    Feb-00 44 20 64
    Mar-00 59 18 77
    Apr-00 55 33 88
    May-00 69 21 90
    Jun-00 112 19 131
    Jul-00 87 24 111
    Aug-00 67 35 102
    Sep-00 46 39 85
    Oct-00 62 48 110
    Nov-00 65 100 165
    Dec-00 65 103 168
    Jan-01 143 120 263
    Feb-01 353 266 619
    Mar-01 1018 544 1562
    Apr-01 11502 11982 23484
    May-01 180 966 1146
    Jun-01 104 1089 1193
    Jul-01 94 1213 1307
    Aug-01 107 1389 1496
    Sep-01 92 1052 1144
    Oct-01 141 1186 1327
    Nov-01 78 799 877
    Dec-01 70 809 879
    Jan-02 47 805 852
    Feb-02 48 935 983
    Mar-02 46 1352 1398
    Apr-02 84 1614 1698
    May-02 196 1942 2138
    Jun-02 73 1660 1733
    Jul-02 88 1905 1993
    Aug-02 46 1822 1868
    Sep-02 85 1836 1921
    Oct-02 92 1833 1925
    Nov-02 71 1856 1927
    Dec-02 93 2404 2497
    Jan-03 60 2202 2262
    Feb-03 70 2155 2225
    Mar-03 75 2216 2291
    Apr-03 147 2231 2378
    May-03 90 2140 2230
    Jun-03 46 2100 2146
    Jul-03 87 2207 2294
    Aug-03 129 2089 2218
    Sep-03 181 2013 2194
    Oct-03 71 1796 1867
    Nov-03 96 1065 1161
    Dec-03 130 1329 1459
    Jan-04 94 861 955
    Feb-04 118 842 960
    Mar-04 116 449 565
    Apr-04 92 388 480
    May-04 47 353 400
    Jun-04 43 283 326
    Jul-04 17 253 270
    Aug-04 13 144 157
    Sep-04 5 9 14
    TOTAL 19998 69227 89225


    Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
    I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
    No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.





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  • outlook2
    07-18 04:34 PM
    Hello All
    My attorney has scheduled conference call for all the AOS issues (after the yesterday's update)

    All of you are welcome to listen the recorded version
    details are
    1-800-475-6701 access code 881306. The reply will be available after 6.30 p.m. today

    Thanks IV again

    PS: This 1 hr recorded discussion will answer some of the questions regarding fee hike/advantage of paying fee hike etc



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  • nogcyet
    10-30 04:07 PM
    My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.





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  • Rolling_Flood
    09-22 10:11 PM
    bump!!!!!

    bump



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  • rajenk
    10-19 11:21 AM
    OP,

    Check my reply in the following thread for your question 4.

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html

    The sections I referred in the Adjudicator's Field manual means

    USCIS revocation for Fraud or misrepresentation in the application.





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  • Anders �stberg
    May 31st, 2004, 03:47 PM
    Fun series.

    However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).

    OTOH, I don't bring duck-food with me... :)

    On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)

    Duck food / bribes is a must, otherwise they ignore me totally. I gave them bran flakes today as this was all I had at home, hope that's acceptable for duck digestion. :)

    These ducks are too tame already, people feed them all day long at this small lake. This particular one was a bit too unafraid though, quacking at me and biting my jacket if I didn't give her more food. Some person is bound to abuse that trust some day and do something nasty I'm afraid.



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  • immigrationvoice1
    04-03 06:56 PM
    I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
    please advice

    thanks
    gcwant

    120 days (maximum) from the date of expiry of your EAD. The same applies for AP, if I am not wrong.





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  • InLineOnLine
    03-10 08:38 PM
    Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.

    Regards.



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  • gc_on_demand
    02-04 09:55 AM
    Gc_On_Demand,

    I remember that last year your prediction about spill-over was almost close. What's your take this year.

    Thanks
    MDix

    I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.





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  • desi3933
    02-18 10:03 AM
    Does it come under new H1b quota? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?

    >> Does it come under new H1b quota?
    No.

    >> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
    No.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • ramaonline
    08-28 02:56 PM
    For e-filed I131 this is all you need to mail:

    Confirmation receipt which you got after submitting the application
    copy of i485 Receipt notice
    2 recent color photos
    a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
    current i94 copy





    indianindian2006
    07-26 11:54 AM
    My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.

    The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.

    My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.

    I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
    What is the total number of employes your company.





    Rajeev
    02-26 04:47 PM
    H4 visa holder can pursue their studies in US but they cannot work while studying.

    he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

    so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

    My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.



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