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  • roseball
    07-18 03:21 AM
    Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....





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  • fromnaija
    10-01 06:27 PM
    If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.

    Anybody ..any replies ??





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  • immigration07
    10-06 04:11 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.

    "gctest
    Member Join Date: May 2008
    Posts: 49




    --------------------------------------------------------------------------------

    Were you born in a dumpster? You are assuming so many things here.

    Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
    Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that


    i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud



    -------------------------------------------------------------------------------
    Last edited by gctest : 10-03-2008 at 09:12 PM. "



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  • ricky26
    03-14 10:24 AM
    As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.

    H and L visa's are exempt from having AP as long as they have stamp in their passport.





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    07-09 09:21 PM
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  • luish73
    07-14 08:46 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.
    Please remember than Europe is not a country





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  • BharatPremi
    10-19 10:43 PM
    Based on my final travel plan in November (Yet not finalized), I will vote or not vote by November 9th.



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  • dixie
    11-28 11:51 AM
    Its just like how introducing the PERM system sped up labor certification, but increased retrogression several times. Guess we have to learn from that. FBI name checks are already taking 2+ years, you can imagine what will happen if all the retrogressed PDs become current overnight.





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  • Sakthisagar
    12-01 02:44 PM
    Issues facing the 2010 lame-duck session of Congress - The Washington Post (http://www.washingtonpost.com/wp-srv/politics/lameduck/index.html)

    1. Tax cuts
    The most pressing issue in the lame-duck Congress sounds, at first glance, like a typo.

    The federal government spends more money than it takes in. The two parties both agree that this is bad. Here�s what they can�t agree on: How much less should the government take in, in the years to come?

    The debate is about income tax cuts, passed under President George W. Bush, which are due to expire Dec. 31. If that happens, a single person earning $46,000 a year might see his or her taxes jump $400, according to the nonprofit Tax Policy Center. A married couple earning a total of $440,000, on the other hand, might see an increase of $20,000.

    Most Democrats want to extend tax cuts covering up to the first $250,000 that a family earns in a year. Republican leaders want to keep all the tax cuts, including those on income above $250,000. In a recession, they say, it doesn�t make sense to cut anyone�s taxes.

    Congress and the president could agree to a temporary truce, extending all the tax cuts for a few years only. Or, as some Democrats have suggested recently, they could agree to keep tax cuts on incomes less than $1 million.


    2. The New START treaty
    The point of this U.S.-Russia treaty, signed but not yet ratified, is to continue the slow nuclear stand-down that has followed the Cold War. The two nations would agree to cut deployed long-range nuclear weapons by up to 30 percent and to allow each other to inspect the remaining stockpiles.

    The prevention of nuclear armageddon still enjoys wide support on Capitol Hill.

    But this treaty does not.

    New START must be ratified by two-thirds of the Senate. That was no problem for two past treaties: the first Strategic Arms Reduction Treaty, signed in 1992 by President George H.W. Bush, and the �Moscow Treaty,� signed in 2003 by President George W. Bush.

    But now, Sen. John Kyl (Ariz.), the chamber�s second-ranking Republican, has held up the treaty�s passage. Kyl has said he wants more guarantees that the government will properly maintain the nuclear weapons that remain. He also thinks that the lame-duck session is too short a time to consider the issue.

    The White House is now trying to work around Kyl to win over nine other Republican. If it can�t, there will be more Republicans � and perhaps more support for denying Obama a foreign policy win � in January.


    3. �Don�t ask, don�t tell�
    This 17-year-old rule, which bars gay men and lesbians from serving openly in the military, has been under attack all year. This fall, a federal judge ruled the ban unconstitutional and ordered it scrapped. A higher court reinstated the ban while it considers the matter on appeal.

    And on Tuesday, a Pentagon report concluded that ending the ban would pose a low risk to military readiness. Defense Secretary Robert M. Gates said that the repeal of the rule �should be done.�

    But �don�t ask, don�t tell� isn�t dead yet and could outlive the lame-duck session.

    Senate Majority Leader Harry M. Reid (D-Nev.) could bring it up for a vote on the floor this month. But the ascendant GOP is in no mood to cooperate. Sen. John McCain (R-Ariz.) says he�s still worried about the effect on morale, and other Republican leaders say the whole issue is a distraction from their top priority � job creation.


    4. The �Continuing resolution�
    A continuing resolution (known in Hill jargon as a �CR�) is a bill that�s introduced when Congress can�t agree on a full budget for the federal government.

    Instead, it passes a bill to temporarily �continue� funding federal agencies at their present rates.

    Congress must pass a new continuing resolution before Friday. If it doesn�t, the government will shut down � as it did in 1995 during a budget showdown between President Bill Clinton and congressional Republicans.

    The sticking point is Republican demands to shrink federal spending back to 2008 levels. But a shutdown still seems unlikely; while a lot of voters want smaller government, very few seem to want no government.

    Signs from the Hill indicate legislators will beat Friday�s deadline and pass a resolution good for another few weeks, at least.


    5. Unemployment benefits
    Another looming deadline. On Tuesday, emergency unemployment insurance � he federal checks given to the jobless � expired. If nothing is done to extend the benefits, advocates say as many as 3 million people will see their checks cut off by the end of January.

    Some Republicans have voiced concerns about the high cost of these benefits. In the middle of last month, the House failed to approve a plan to extend them, with all but 11 Democrats voting for it and all but 21 Republicans voting against it.


    6. Childhood nutrition
    On Wednesday, House Democratic leaders plan to call a vote that could be a measure of the muscle they�ve got left. At issue: a bill that would feed schoolchildren better food.

    If they can�t win on that, it could be a long month.

    The bill is intended to give more poor children access to subsidized meals at school. It also would improve the quality of those meals and give more federal money to school districts that comply with higher nutrition standards.

    �Kids that have food insecurity learn at a slower rate than their peers,� House Speaker Nancy Pelosi (D-Calif.) told reporters Tuesday. �Food insecurity� is Washington-speak for �hunger.�

    The bill passed the Senate unanimously. But it will face some Republican opposition in the House from members who say it will impose more costs on struggling school systems.


    7. The DREAM Act
    This bill is aimed at illegal immigrants who came to this country as children. If they go to college or join the military as adults, it would give them a chance to obtain legal residency.

    As attitudes toward illegal immigrants have hardened, support for the bill has collapsed among Republicans and many Democrats. To them, it looks like a kind of amnesty for lawbreakers.

    On Tuesday, Reid could promise only a �test vote� on the issue: he would bring the issue to the Senate floor, and take his chances. The implicit message was that Reid might lose � but lose in a way that showed Hispanic voters he was trying.



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  • indianabacklog
    07-25 11:24 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.
    Posted this in another thread earlier, these are the instructions I followed from my employer.
    DOCUMENTATION FOR APPLICATION
    BASED ON EMPLOYMENT

    The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.

    1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
    I-485 Supplement A is not required unless you are illegally in the US.

    2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.

    3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.

    4. Form G-325A (Biographic Information).

    5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.

    6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
    (I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.

    7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.


    8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.

    9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.

    10. Photocopy of the marriage license of the primary applicant and spouse.

    11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).

    12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.

    13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.

    14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.

    15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.

    16. Cover sheet listing all documentation.


    NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:


    I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.



    Signature _________________
    Name of translator _______________
    Address: ______________________
    Telephone: _____________________





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  • aniltatikonda
    05-12 10:39 AM
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  • vivache
    11-06 09:52 PM
    Ok .. let me give you the math before getting to the question: )

    Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf


    140 k GC numbers every year
    85% available for folks in US, which is 199k
    Out of these 119 k visas available, 40k are Eb3 category ..
    10% for country .. so India's numbers should be 4000 a year

    There are 14000 Eb3 visas before mine
    Out of these 4750 are from India

    So maybe I get the GC in 1 year 2 months?
    Starting from? next Oct 10, meaning GC in Dec 11?

    7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?

    What is confusing is this?
    As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
    And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
    If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?





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  • busy
    03-08 05:37 PM
    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Company C got RFE and because of abondonment by company C, it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.



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  • sammyb
    02-26 10:48 AM
    Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...

    So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'

    hope this helps ....

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.





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  • wandmaker
    10-22 10:07 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.

    Everyone knows the fact


    B.Sc != US Bachelors or Even B.E
    B.Sc + MCA / any non professional master degree != US Masters or Even M.E
    For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.



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  • willwin
    07-10 09:21 AM
    I got my PWD today!!

    Filed on 5th Jan and received today.

    Next, the LC waiting period starts!!

    My LC was approved on 07/07/2010.

    On to I140+485 stage next.





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  • getrdone
    11-12 05:05 PM
    Can you please tell me, when was this announced? Is this a new rule ?
    I think people converting from F1 to H1 go to mexico.


    yes its new rule..dont know when it came to effect





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  • goosetavo
    03-03 02:20 AM
    C'mon guys, you are supposed to be the smartes of the smart here. The bill referenced above has nothing for EB-immigrants true, but it is not the Bill proposed in the US House for CIR in 2010 (it has ZERO Co-sponsors), the "good one" is HR 4321 (93 co-sponsors):

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4321ih.txt.pdf


    It's the CIR ASAP act, see postings from me from last year for a summary. This bill recaptures lost GC's from the last two decades and exempts STEM degree holders from the numerical caps, read it, its all there.

    Can we stop hating on illegal immigrants? Please read Pappu's postings on the subject, this whinning does nothing to help our cause. We're all in this together. The CIR ASAP Act does put more limits on H1B visas, which is unfortunate, but we need to try and negotiate here, not throw everything away.





    kalyani_kontham
    06-27 02:36 AM
    Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.





    tnite
    07-19 09:49 AM
    Does anyone know if it is easier to get medical residency on EAD as opposed to H1/J1 or are you considered in the same boat as H1/J1 applicants?

    thanks


    On H1/J1 you have to find a sponsor to accept you in their program. With EAD you can work for anyone.Of course the pool of institutions accepting folks on EAD is bigger than H1/J1 .

    Whether it's easier or not depends on your credentials , talent etc



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