Thursday, June 30, 2011

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  • indigo10
    02-22 11:45 AM
    because the baby starts asking questions at 2 years and 3 months ??

    lol




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  • singhsa3
    08-08 02:20 PM
    No this time I will prefer hunger strike.. Care to participate?
    Why don't you file a lawsuit? :)




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  • amar123
    11-24 05:03 PM
    Hi All,

    Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.

    I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:

    1.
    USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
    If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.

    2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)

    The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.

    Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."

    Thanks,
    Amar




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  • GotFreedom?
    10-06 07:26 PM
    If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.



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  • cygent
    06-15 02:55 PM
    Hi Folks,

    It is crunch time! Since PD are current, many folks have only until June 30th to extend H1 visa for 3 yr. extension. So only 15 days left!

    How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere. Please also state when was the timeframe you applied/for it approved (day/month/year)

    Thanks & Regards!




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  • mhathi
    03-06 02:11 PM
    As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.

    Others can correct me if I am wrong.



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  • sammielee
    07-01 10:56 PM
    In Canada, most people get a short version of their birth certificate. This is what I had and what was submitted. There is a long version, like a registration certificate, that most Canadians don't carry around and wouldn't order and that is now what USCIS requires. I didn't know that until the very end of my meeting for permanent residency. On the sheet/notification, it says that I have 90 days to submit the document, the long form of the birth certificate as "failure to comply with this request will be deemed grounds for denial of your application for lack of presecution". Although I immediately requested my birth certificate from the Canadian government, I have had to fight to get it pushed through fast enough and they now tell me it's processed but somewhere in the mail. I'm down to the last couple of days with no way of knowing where it is.




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  • kshitijnt
    01-22 03:37 PM
    Hi Ravi - My wife also got 221(g) while stamping in Mumbai. It looks like they are issuing it to all people with AP. Yesterday we entered US back using AP and did not inform the consulate. If the consulate clears 221(g), you can use it anytime upto next 1 yr. Since you have already paid them the money, why you want to say NO thanks so soon? You can enter US using AP and later inform the consulate or not inform them at all. does it make a difference? Who knows you might have to travel to India and may want to try your luck one more time.



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  • BMS1
    09-07 09:13 PM
    Yes I have seen that before (though I do not remember if it was Williston). At that time, Fedex told me that they have a some sort of bulk pickup arrangement (probably they may not be able to run the scanner after that pickup). But there were no problem due to that for me and my packet was delivered in time.




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  • rajeshalex
    07-31 08:34 PM
    thank u all. I will do the education evaluation. No need of taking risk/getting RFE



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  • martinvisalaw
    06-18 01:05 PM
    If the non-profit that she plans on working for is (a) affiliated with an institute of higher education; or (b) a research organization;

    then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.




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  • apriti
    10-04 12:25 PM
    I cannot renew my h1 as my 7 yrs are over i have to go back to my country for one yr before i can reenter the US



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  • msyedy
    02-06 12:14 PM
    Hi All,

    I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.

    New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.

    I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?

    As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?

    When can we expect EB2 PD of Jan 2005 to be current.

    I would appreciate your responses.

    Thanks
    Sreedhar

    Do not expect anything, no one can tell you a specific range of dates when the priority of a Labor be current. You can join the old emp and use this priority date from the current emp of Oct 2004 to the one with PD Jan 15th 2005.
    The priority date is based on a person so you can carry it anywhere only after a I-140 is approved for that labor.

    So -- You at the old company can have priority date of Oct 2004.

    Yes you can join the old employer when you anytime, even at the time of fillinng your I-485




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  • Dhundhun
    07-09 04:52 PM
    Dear fellow IV members,

    I was just referring to my first application for EAD filed by my lawyer (july filer)

    For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?

    But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.

    I have not traveled outside the country after renewing my H1-B.

    Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?

    Thank you!!!

    Actual date of last physical entry.



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  • lost_in_gc_land
    02-02 12:57 PM
    Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..

    1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.

    2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?

    Please...appreciate responses from those who have gone through this themselves..

    Thanks. Man..this has been an ordeal....

    The bulk of your ordeal is done...that is waiting for the Security clearance...
    Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...




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  • joydiptac
    05-14 11:53 AM
    Putting lipstick on a Green Card does not make the backlogs go away.
    Focus... USCIS Focus!:D
    What difference does it make black, blue, green, yellow, pink. :D



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  • roseball
    02-28 12:56 AM
    Is that normal to have the same I-94 number on my renewed H1B and my wife's H4 approval notices?

    Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.

    I-94 is what determines your legal stay in the US. Since you get an I-94 only during your entry into the US, it is normal to get the same I-94# on any subsequent extension of status applications filed within the US. Your attached I-94s on the I-797 approval notice are proof of your continuous status since your white I-94 cards might be expired. But do keep the original white I-94 cards with you as you are supposed to return them along with the new I-94s attached to I-797 notices, when you leave the country.




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  • Zee
    06-14 07:47 AM
    Looks like CIR has a rough road ahead:

    From immigration-law:

    06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1

    * AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
    * Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
    * These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.




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  • AnishD
    04-02 10:51 PM
    I have a question for H1 transfer. If I work with Company A and I am transfering my H1 to company B. What happens to my H1B with company A if by chance the transfer gets denied..does it get suspended or can i work with Company A again if they have not cancelled?
    Thanks in advance..




    harikris
    06-03 12:28 AM
    What stage is this reform bill in?




    saroj76
    11-13 12:44 AM
    Has anybody tried getting an FP by walking in at an ASC? If you have waited really long enough, will the ASC entertain you if you produce them the I-485 receipts?

    Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.



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