Wednesday, June 8, 2011

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  • luckylavs
    07-17 04:44 PM
    what is this ?
    All EB based is displayed as U. Is there no annoucement ?





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  • cool_guy_onnet1
    05-25 07:44 AM
    Education is always a good investment. You may do it for GC or for any other purpose. But my advise would be to pick a good reputed school that you can handle and do something that would help your career.
    ALways go for reputed - amongst top 100 colleges. I was admitted in top 25 but didn't take it due to higher fees. I ended-up doing from a top 50 but still I see people who took reputed colleges despite fees and other issues and they are having the last laugh.





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  • ravi_hyd
    10-26 06:41 PM
    I filed mine on July 27th. Still no EAD for me or my wife. :(
    Where did you sent your application?





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  • godbless
    11-01 02:56 PM
    My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?



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  • dpp
    06-27 11:41 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.





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  • anirudh74
    05-03 12:27 AM
    janakp, why do you have to post your stupid reply to every single post.You are acting like a policeman at stoplight, trying to direct everyone.



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  • visves
    12-20 12:03 PM
    I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.


    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.





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  • tinuverma
    11-09 02:44 PM
    Guys
    I am still waiting for an answer here..which date would be the AOS...july 23rd or oct 17th?



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  • mayurcreation
    01-13 01:37 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?





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  • nepaliboy
    05-21 06:16 PM
    When LUD?
    What is soft LUD? what is Hard LUD?



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  • Blog Feeds
    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06oc09-4]
    ---------------------------------------

    DEPARTMENT OF STATE

    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.

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

    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

    SUPPLEMENTARY INFORMATION:

    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P



    More... (http://ashwinsharma.com/2009/10/07/dos-final-rule-on-amended-requirements-for-religious-workers.aspx?ref=rss)





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  • HumHongeKamiyab
    04-08 10:59 PM
    Then what do you do if you dont have a candian permit ??


    Hope the following link will make it clear.. Probably, You have to go back to your home country for stamping if your visa is rejected in canada..

    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    --HumHongeKamiyab



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  • prioritydate
    08-19 05:40 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi


    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?





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  • 485Mbe4001
    10-24 01:08 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.



    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....



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  • greencard_fever
    07-17 11:01 AM
    I think they are doing the right thing. We all should let them work on our cases instead of calling them. We all know how productive they already are. Calling them does not help them or us.

    Calling them is just our self-satisfaction.We have already seen how good USCIS is working after July - 2007 Fiasco.I personally impressed the way they are working..i have seen so many I-485 approvals in my friend circle and at my work place from January,that it self incidates that USCIS is really working.





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  • obviously
    12-08 10:57 AM
    - make sure that you identify yourself and your LEGAL status
    - consider using following 'talking points' to reframe the dialog
    - focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
    - be personable, nice and kind
    - good luck and all the best!!

    In support of SKIL and other relief measures for High Skilled Immigrants:

    NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
    HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

    CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
    HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.

    HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
    HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.

    It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

    Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.

    We seek neither entitlement nor social promotion
    We seek no social service
    We seek no special treatments

    We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

    History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?



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  • sanju
    11-09 01:30 PM
    And is Bush the Hanuman?
    And McCain the Narad Muni?
    And Palin the Surpanakha?

    Who is Akbar?




    .





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  • BharatPremi
    09-20 06:38 PM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

    One reason to have more Eb2 in 2006 is tiresome wait in EB3. Many people after PERM implementation (May 2005) decided to go for second file in EB2 and hence the more EB2 files in 2006.





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  • chanduv23
    01-06 07:12 PM
    We hope to start the New Year with a new vigor and focus on community building and community participations. A stronger community built on mutual trust and participation is what we need today. Let the New Year be the new beginning, where we don’t feel alone.

    We all are anxious about ours and our family’s future, not only from the immigration standpoint but also from the point of view of direction of the economy of the country.

    We as a community have a great potential to help each other. Our members are ambitious and work for various prominent companies in the USA at various levels and they are working harder to reach great heights. As someone had eloquently put it, it does not matter what you know but it matters whom you know.

    So let us start by building a community so strong that we all feel like a part of a family. Let us get to know each other better. Let our families get to know each other better. Let us leverage each other strength and overcome personal weaknesses.

    In that regard, we are organizing a informal social meet and greet lunch at

    Akbar Restaurant,
    21 Cortlandt St,
    Edison, NJ

    on

    January 26th at 12:30PM.

    Everyone will be responsible for their own expenses.

    Just in case you were wondering, there is not going to be any particular agenda and absolutely NO money solicitations. It is an informal networking event.

    In past, several of us (including myself), naively but with very good intention, had pursued some goals aggressively without giving due thoughts to the after affect on the community. That was a mistake.

    We are in process of preparing plan for 2008 that will include several items like Job fairs, Immigration lawyers conferences, Seminars by community leaders (from corporate and entrepreneurs ) , lawmakers meeting etc. These are some loft goals and the Tri State Leads in few days will be sending more details on it. You all will have roles to play in that.

    Please RSVP via a private message to IV member id "singhsa3" or email

    Sanjeev - email id "sanjiv@immigrationvoice.org"

    I am posting this message on behalf of "singhsa3" who is currently coordinating the efforts in the New Jersey Area.

    This is a great opportunity for people to get a sense of what is happening and to feel a part of the community. Please bring yiour families, inform your friends, bring as many people as possible. We want members to take up a more committed role and to feel good and strong about being an Immigration Voice member and being a part of this wonderful community.





    h12gc
    04-29 02:34 AM
    Could any one please answer my questions about my RFE on I 485?

    Thanks
    h12gc





    sdudeja
    01-12 10:46 PM
    Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
    If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.



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