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  • bobzibub
    01-15 03:47 PM
    Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).

    Let us know how it goes.

    Cheers,
    -b





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  • stuckinmuck
    06-15 04:14 PM
    06/15/2007: BEC Backlog Elimination and PERM Processing Status as of Today

    DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.

    On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.

    Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.

    In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.

    With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.

    As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.





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  • manderson
    10-29 02:03 PM
    stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?

    Please feel free to educate if I am out of line here.





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  • monkeyman
    02-04 05:33 PM
    First of all, you need to heed to your lawyer's advise. Any charges that demonstrates a lack of good moral character can prevent a re-entry even if you have your green card. Any crime against a person with intent to harm is sufficient charges to reject entry or deny I-485 or revoke the GC. I do know that road rage conviction, DUI, drugs found in person qualify for such denials - I am not sure about domestic violence - hence my recommendation to consult with attorney.

    Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).

    If you were out of status, attorneys advise you to not leave the country.



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  • paulcao1978
    01-20 10:56 PM
    I trust IV core members 99% for their efforts. But the remaining 1% does not come from the fear that IV is corrupt financially. It comes from the lack of information. If IV does not let the members know about their plans, how many members do the core expect to trust them and make an almost blind contribution? I suggest that members who want to contribute do the following.
    1. pick up your phone and get ready to contribute.
    2. call IV and during the call, contribute.
    3. verify with IV that you are not a spy by giving your detailed information.
    4. IV email you or mail you the ongoing plan.

    :)
    :)
    As for the state chapter, I don't think IV should push for it in the near future. It will take a long time to build the grassroots. It won't be done in this year, in my opinion.

    --------------------------------
    $20/month.





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  • LONGGCQUE
    07-27 10:53 AM
    jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.

    1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
    You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.

    2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.

    These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.

    Good luck



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  • SeanDell
    06-02 09:29 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.

    Hi......Can any of the lawyers please shed some light on this?





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  • sbmallik
    06-09 03:31 PM
    What's the reason for denial? If 'ability to pay' is the reason then your employer has slim chances even for an appeal. First step is to wait for denial reason and file an MTR / Appeal. Till the I-140 gets re-instated you won't be eligible for H-1B extension on the basis of your labor certification.

    Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.



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  • reddymjm
    10-06 01:38 PM
    http://immigrationvoice.org/forum/showthread.php?t=21814&page=2

    Contribute and make your way to Hall of Fame from Shame.





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  • arnab221
    04-29 12:30 PM
    Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .



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  • Dhundhun
    06-07 06:04 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:
    Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)

    Part 2. Petition type.
    a. An alien of extraordinary ability.
    b. An outstanding professor or researcher.
    c. A multinational executive or manager.
    d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
    e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
    f. (Reserved.)
    g. Any other worker (requiring less than two years of training or experience).
    h. Soviet Scientist
    i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).

    Phase two: Endorsement by USCIS Officer based on evaluation of I140

    Classification:
    203(b)(1)(A) Alien of Extraordinary Ability
    203(b)(1)(B) Outstanding Professor or Researcher
    203(b)(1)(C) Multi-National Executive or Manager
    203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
    203(b)(3)(A)(i) Skilled Worker
    203(b)(3)(A)(ii) Professional
    203(b)(3)(A)(iii) Other Worker

    Certification:
    National Interest Waiver (NIW)
    Schedule A, Group I
    Schedule A, Group II





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  • GIDOC
    07-18 01:49 AM
    I would agree that he should consult with an attorney. However, I am not sure if he needs to be in the country to file the 485. I am not sure about the medical though.



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  • Libra
    08-31 12:03 PM
    All midwest members please go to this thread and cast your vote

    http://immigrationvoice.org/forum/showthread.php?t=12599





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  • smartboy75
    09-29 03:17 PM
    Looks like an unique situation...no reply from anybody...



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  • lccleared
    08-02 11:11 AM
    Thanks for your effort. I am in.





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  • thatwillbeit
    05-24 08:47 PM
    Hi Gurus...


    I am one of the July 2007 EAD filers and did not file for AP at that time.

    So I am in the process of the renewing EAD & Applying for AP for the first time.

    I have couple of questions..

    do you get Finger Printing for EAD Renewal ?

    do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

    Your help is much appreciated



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  • sachug22
    07-21 05:12 PM
    As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?

    The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.





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  • fatboysam
    05-17 01:05 PM
    IfYouSeekAmy,

    Can you please share your experience with them?

    Thanks





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  • jaggu bhai
    07-27 10:35 AM
    Hi Friends

    My status is I 140 is cleared, waiting for the next step.
    Question is....
    My wife is on H4 and as it is difficult to get a job now and change to H1 (civil engineer),
    We intend to use this time for her studies.
    We need your suggestion (few people based on their own experience),

    1.As we cannot afford financially to study in a full time college, we wanted to make it part time or online (whatever-which costs us less).
    2.Is it good to study on H4 or betterto convert to F1 and study (so that SEVIS and further usage of it down the line!!!!)
    3.If some seniors has done like this, pl advise some universities.

    Thanks





    franklin
    03-23 01:51 PM
    I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

    Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


    Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

    I'll post to the yahoo group shortly.
    Here're the details on NC_Immigration_Voice:
    Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
    Group email address: NC_Immigration_Voice@yahoogroups.com

    It is our time to seize the reigns and kick start some momentum





    sparky_jones
    08-12 10:58 PM
    I also got LUD of 8/12/07 today for my I-140 which was approved in June 2007. My 485 package was sent to NSC on July 20, 2007. No receipts or checks cashed. It could be a general data refresh on some cases that caused the system to record a new LUD. I doubt if it means anything.



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