Thursday, June 9, 2011

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  • GCHope2011
    03-23 09:45 AM
    smuggymba,

    Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
    You risk of being barred from entry is very real as you have accumulated more than 180 days of illegal presence in the US.

    Your lawyer is right - and although there are some chances that some people are not barred, such info is mostly anecdotal and should not be used as a basis for making definitive plans.




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  • sujan_vatrapu
    10-26 10:38 PM
    to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,




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  • CaliHoneB
    01-24 03:10 PM
    May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
    Eb3 China received 3676 vs Eb3 India 3036.

    is this difference because of the number of dependents? Any comments?

    Cheers



    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.




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  • dealsnet
    07-16 10:42 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Hi

    My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
    Does her AP has to be applied before end of this I94.

    Thanks

    DS



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  • vine93
    03-15 01:37 AM
    Faxed already.




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  • skdskd
    08-31 11:21 AM
    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/



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  • bcg_consultant
    02-13 04:35 PM
    same here, my PD is Aug 2004 EB3(ROW) but my I-140 and 485 is still pending at NSC(more than 240 days).I dont have any hope that my I-140 will be cleared any time soon...Good bless H1B people

    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks




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  • milmuk
    07-23 11:24 AM
    Hi,
    I am planning to renew my AP while in India. What is the procedure to do this?

    My details :
    Applied for H1 transfer - Dec 15,2008 - normal category -still pending
    Ap - valid till Nov 2009
    EAD - valid till Nov 2010.Using AC21 for working with the present employer.

    I came back to India in March, after completing the project.
    My present employer wants me to come to the US only when I have a project in hand.
    Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
    I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.

    In this scenario, I am still not sure, if coming back to US will be a good option or not.
    But I may need to come if the AP renewal is not possible from India.

    In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?

    Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
    My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
    I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
    Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
    I am not very confortable with this situation.
    I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
    I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
    Can you give me some guidence on this?



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  • WillIBLucky
    12-13 12:58 PM
    That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.

    Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.

    I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.

    My reasoning was simple:

    In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.

    Do what you feel is best for you and what you can make peace with. My 2 cents..




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  • EkAurAaya
    03-19 09:46 PM
    I think you need to talk to the CPA for tax and not lawyer....

    This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA



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  • dassumi
    12-23 02:58 PM
    This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.


    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,




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  • s416504
    11-16 01:30 PM
    After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????

    Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?

    Can any lawyer comment on this situation?


    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.



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  • senthil
    02-12 01:11 PM
    - lazy folks, are NOT just lazy to contribute $$
    - many simply just dont know what mess that are into yet

    im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.




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  • Better_Days
    10-19 09:43 PM
    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

    The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

    Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

    The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

    Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

    Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

    If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

    Any comment on any of the above questions will be highly appreciated.

    Thanks for you time.



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  • hydboy77
    06-22 07:19 PM
    good one. Here is the schedule for USCIS
    2009 Pre-Adjudicate 485
    2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
    2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
    2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
    2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
    2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485

    and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.

    Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.




    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D




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  • H1B-GC
    08-03 08:36 PM
    Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.

    Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.



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  • dtekkedil
    07-06 09:17 AM
    If somebody wants to create a seperate message, release it, I can dig it.
    I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.

    Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).

    Check out the plan of action here -

    http://immigrationvoice.org/forum/showthread.php?t=6029




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  • shishya
    09-02 01:30 PM
    Heh. Sure I updated both at USPS AND at USCIS -- and yes I had my Alien # and the receipt number (I got married after I applied for 485 -- so waiting for dates to become current again EB2-May06 to add her).

    Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...

    If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?

    I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.

    Just a thought!!

    If you




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  • Queen Josephine
    April 5th, 2005, 02:10 PM
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    gimmeliberty
    07-17 05:34 PM
    Congratulations to IV and all it's members. Time to celebrate!




    RLNY122004
    06-15 03:56 PM
    Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks



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