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Saturday, June 18, 2011

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  • ramus
    06-07 01:10 PM
    Please contribute to IV..

    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.

    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:

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  • raj1998
    05-19 02:28 PM
    Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.

    Try your luck!


    I have booked an INFOPASS. I hope I receive welcome/approval letter well in time to take with me for I-551. I don't think they will entertain email print out

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  • mdmd10
    09-14 07:58 PM
    Just got approval emails for both me and my spouse.

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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.


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  • Dakshini R. Sen
    06-25 11:12 PM
    My H1 filed & approved thorugh company A from October 2004.

    H1 then transferred to company B & approved from Nov 2005.

    My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

    My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

    Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

    In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

    At this point, my questions are:

    1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

    2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

    The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

    Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

    Thank You in advance...

    The RFE on the H1 will not have a negative effect on the GC as long as the employer and the job offer are legitimate. Yes, you can premium process your I-140. Effective June 29, 2009, USCIS will resume Premium Processing Service for I-140 forms.

    Dakshini R. Sen,
    Attorney at Law

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  • serg
    12-21 01:10 PM
    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.

    They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?


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  • sledge_hammer
    07-09 11:44 AM
    I agree 200% with you...

    In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.

    I am not being rude here, consider this post in a humane nature

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  • Munshi75
    11-24 08:27 AM
    I was on OPT for certain amount of time. But my H1B was approved during my 6th month of OPT . So unless there is any mention of future starting date on your H1B approval notice, you stand to loose the OPT and will be on H1B the moment you receive your receipt number. The REF does not matter at all as you have the receipt number and if you feel confident to deal with your reference.

    Hope I did not confuse you further.


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  • sri1309
    03-25 05:12 PM

    Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.

    Very nice. I just watched the video.. Feels like Obama is sitting in front of me asking me what my problem is.. Never had this opportunity before right.. He asks us to use internet to tell him what our problems are and also allows us to vote. Though we are not Citizens. He is not asking us to register using SSN or anything and filtering only Citizens.. Its open to all.. Go and tell your problem and also DO vote on relevant topics.
    Since its related to economy, related your GC problem to a solution on how you can make a difference to economy by jobs and by buying houses.. Please do it.
    Lets this thread be bumped..
    Obama wants to answer us Thursday. Just two days from now.. I just did it..

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  • a1b2c3
    12-19 09:26 AM
    I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

    Guys, we are entering 2010...

    redcard and igcard, why don't you guys just fuck off?


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  • apahilaj
    05-29 01:39 PM
    Yes file the G-28 forms as well..thats what i did too..

    I didn't file G-28 form since I was filing myself. Isn't G-28 only required if some one else is representing you?

    I've got the receipt notices for EAD as well. Will see what happens next.

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  • GCMD0203
    09-10 02:24 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19

    I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

    Have you ever filed an immigrant petition for any person in this petition?

    Last year when I filed for H1 extension I had checked 'NO'

    But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

    I will appreciate if you can help me with this.



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  • shankar_thanu
    06-27 10:44 AM
    I have been asked by my lawyer to enter the A# from OPT card if you have one, is this right?

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  • deepakjain
    06-18 03:22 PM
    Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

    Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

    I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

    Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

    - Deepak


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  • perm
    12-27 04:43 PM
    You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.

    Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?

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  • royus77
    05-28 11:19 PM
    Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.

    Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting


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  • irrational
    04-04 11:33 AM
    Here is some update. Hopefully, someone might find this useful.

    Today (4/4/2008) I took an InfoPass appointment in Dallas:
    The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.

    I thought I would call the TSC first and see if I can get a quicker response:

    I called the TSC using the key combo (Thanks guys)
    The agent was helpful:
    - The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
    - My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
    - Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)

    Key Combo used:
    1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4

    If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.

    Hope this helps someone else too.

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  • bogati
    07-27 11:45 PM
    Hi there,

    In my experience, Maryland Driver license is the easiest license to get. I moved from Ohio when I was on Student OPT. I had Ohio Driver license and I went to Maryland DMV and got license for 5 years. I am wondering why you did not get Maryland license.

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  • hydubadi
    03-31 12:19 PM
    Thanks for the reply.

    How to dispute against this fake criminal record in background check.

    03-27 05:49 PM
    Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).

    vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.


    It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2


    09-14 02:49 PM
    Count me in !

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