Thursday, June 9, 2011

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  • Sai gc
    05-12 03:48 PM
    Thank you Joydiptac and prasanthi for your valuable replies.





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  • ho_gaya_kaya_?
    11-30 07:44 AM
    I have not recieved any email from USCIS either when my status changes
    I am tracking by an igoogle widget.





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  • amulchandra
    11-04 04:41 PM
    The title of the thread is misleading. Please change it.

    Amul





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  • p7810456
    06-18 06:59 PM
    Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...

    well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.

    Meanwhile, don't forget to Buckle up and Drive safe :)



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  • just_waiting
    10-17 04:08 PM
    Thanks SmartBoy. I agree, I should have looked around. My I-140 is approved so I assume I shouldn't have any problem. Thanks again.





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  • apple
    09-10 12:01 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks



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  • immiguy
    07-18 01:39 PM
    Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?

    1) Order of priority dates and EBs?
    2) Order of the date on which the 485 applications were received?





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  • gcdreamer05
    11-05 12:56 PM
    From 1998 - till date, How many times EB3 priority dates were made current


    Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.


    http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html

    (From April 2002 to Nov 2008)

    And then for still older ones,
    (1995 to 2001)

    http://dosfan.lib.uic.edu/ERC/visa_bulletin/


    Are you trying to look for a pattern to find out when it will be current again ?



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  • punjabi77
    08-18 12:02 PM
    Currently i am asking my employer to refund me the Medical expenses that they have been charging me without my knowledge. Since they are not responding back to my questions, i have threatened them that i will pursue for my GC expenses also that they promised to cover (also documented in my offer letter).
    My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.





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  • kris04
    11-12 09:33 PM
    while porting the Job through AC 21 one have to keep in mind that USCIS have not brought any regulation to date, though occasionally there are some chatter from AILA that USCIS will bring it pretty soon. After porting the job and regulation is passed, it will be applied retroactively and in some case could seriously affect those AC 21 cases that do not meet the regulation strictly. I have seen in several post from each person about risk in getting RFE after porting the job, but never consider the potential impact of any regulation passed by USCIS(yeah we know these guys are too lazy :)

    HTH

    kris

    PS: I have done AC 21 successfully in my case and got my GC approved without any RFE



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  • Dhundhun
    10-19 09:27 PM
    #1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
    #2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".

    Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.

    Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".

    So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.

    We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.





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  • priderock
    05-15 02:13 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.

    But you need a valid visa stamp to re-enter.
    1) What is the validity of your current visa stamp ?
    2) When you applied for visa extension , what is going to be the validity of that visa ?



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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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  • subhasree
    11-14 11:29 AM
    Hi all,

    This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
    Your reply will surely bring peace of mind to me.

    Thanks



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  • lostinbeta
    11-17 11:47 PM
    HAHAHAHA......lol. That is friggin weird :P





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  • pd_recapturing
    06-14 02:48 PM
    If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?



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  • iluvgc
    08-28 03:50 PM
    You must be *so proud* of yourself.

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  • jungalee43
    08-27 02:52 PM
    Dear Attorney Prashanthi Reddy,
    Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
    The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
    Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
    Once again thanks a lot for your reply.





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  • ashkam
    02-25 09:27 AM
    I agree with wandmaker. File for a transfer to H4 (form I-539) just so you remain in status and don't have to face uncomfortable questions in the future. The moment you get a new job, you can apply for a new H1B which will not be subject to quota. Some people (http://immigrationvoice.org/forum/showthread.php?p=320180#post320180) even suggest that you can start working immediately after you apply for your new H1 and get the receipt. I don't know if that's true.





    ashkam
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    If she's not working anymore what does the I9 form have to do with anything?

    To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).





    abracadabra102
    08-14 04:46 PM
    Just for a change in topic, do you guys to know good Life insurance company who do not show prejudice between greencard holder and H-1B Holder.
    I just got life insurance through select quote, west coast which coast only 22$ for � million insurance rejected me stating that there is a difference rate of green card holder and Alien.

    I got through Prudential which is costing me 50$.


    Any experience with you folks

    That makes sense. A typical H1B has more things to worry about (maintaining status, keeping job, GC, dealing with rogue employers, attorneys, physicians...) and lower life expectancy :D



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