Saturday, June 18, 2011

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  • VA2008
    09-25 11:56 AM
    Great find! I printed and posted it my office.





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  • smartboy75
    12-05 03:25 PM
    I know that applying for citizenship is not mandatory..you can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?





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  • MightyIndian
    10-28 04:43 PM
    Happy Diwali. Do not lose hope.

    Shraddha and Saburi wins the game.





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  • chanduv23
    08-14 11:14 PM
    The fact sheet is a must read for all IV members. Please use this fact sheet and then judge yourself - whether you want to talk about receipt notices or go to the rally.

    Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.

    Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.

    Let the community have a realistic view of the situation.

    If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.

    So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.



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




    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.

    Summary:
    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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  • nixstor
    08-23 11:08 AM
    First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).

    In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.

    How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?



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  • karanp25
    07-30 05:48 PM
    FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.

    They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.

    I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.

    Primary applicant's first.. dependents later.

    Any one got approval for their dependents yet?





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  • sss9i
    07-21 01:35 AM
    What should I do now??

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.



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  • vinay076
    10-31 10:27 AM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:





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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..



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  • njboy
    06-08 09:14 PM
    There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.





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  • gc_chahiye
    11-02 10:54 AM
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.


    exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.



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  • jonty_11
    07-23 11:55 AM
    CA is expensive...I am sure more than PA...but the decision is yours man...However, I do not think this is the right forum for such questions. If you have issues with GC retrogression then fire away.





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  • msp1976
    03-09 03:31 PM
    My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.

    Whether he can use earlier PD for EB2 (I-485).

    Please share your knowledge.


    Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....

    If he is EB2 ROW then go with Nov 2006...


    In any case please tell your friend to join IV and contribute to IV.....



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  • sky7
    07-26 11:34 AM
    hey njboy..thanks again for ur response.

    Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?

    Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.

    Thanks again

    Sky





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  • pappu
    06-05 11:52 AM
    no, no....it does not make me feel any better...
    I am so sorry to hear about your never ending wait....
    :( :(

    unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...

    As each day pass, Canada looks even better as our new motherland ...or at least we hope
    :rolleyes:
    I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.



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  • raysaikat
    07-10 07:06 PM
    ... I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.

    ...

    They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.





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  • ndbhatt
    08-14 12:36 PM
    yes u are

    Sorry but I didn't get what your "Yes" pointed to.
    is OP wrong or right in his assumption?

    Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D

    Thanks,
    Nik





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  • trueguy
    08-11 10:57 AM
    please add year 05, 06, 07 and 08 too.

    Please vote here for cases with PD of Jan 2004 onwards:

    http://immigrationvoice.org/forum/showthread.php?t=20797

    Thanks.





    GCBy3000
    07-11 09:10 PM
    Is it allowed to publish it without my permission? I dont mind putting it anywhere, but just curious to know.

    That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).

    It appears that he has circulated this and it has somehow gotten into the political circle.

    it is very good for us to increase visibility on this issue more on Capitol HIll.





    reddymjm
    05-28 12:56 PM
    Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.



    Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.

    My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.

    I second this. Do not lose your postion in the Q.



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