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  • solaris27
    07-12 08:33 AM
    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:


    I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
    104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.

    Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.


    The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.





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  • gc_kaavaali
    12-21 08:12 PM
    Please somebody answer my question...

    Hi,
    My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?





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  • stucklabor
    07-24 10:29 AM
    USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.

    By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.

    As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.

    http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245

    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.





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  • ak27
    11-20 10:51 AM
    Hello,

    I am from Plainsboro NJ..

    TL PD 09/20/2004

    PERM Conv stuff for last 8 months..

    What is the best way to invite folks to join IV..

    NJ has south asian programming on comcast on Sat and Sun. Can we some how put something through them.

    Also, should we try to meet Newly Elect Sen Bob Menedez and try explain our situations.

    Let us try to do our bit folks....



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  • dressking
    09-28 05:34 PM
    Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.

    I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

    Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

    Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.

    But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.

    Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.

    Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.

    We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.

    Have I made it clear?





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  • perm2gc
    01-10 09:24 PM
    http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13914



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  • chanduv23
    04-09 10:40 PM
    We are not saying that they are not doing their job well. We just want better visibility to plan our future. I want to buy Hose which has substancial investment, can I buy during this uncertainity, may be.



    Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need





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  • redddiv
    07-17 06:46 AM
    Shame on You for being liars,
    Shame on being ignorant,
    Shame on being Arrogant,
    Shame on being uneducated,
    Shame on being decendents of barbarians.
    Shame should be your real name and ancestry.
    God Bless you and give you good brains and good behaviour.



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  • saurav_4096
    07-15 10:10 PM
    Somehow I have feeling the case in this thread in more fake then real...

    :rolleyes:





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  • rangaGCPlease
    07-18 11:52 PM
    Hi, I see that several June 1st filers who mailed on 31st may have received RD's. So same logic should apply for July 2nd filers who mailed on 30th june. I dont see any difference between the two scenarios. Any rejected july 2nd applns should have already reached, unless they are lost in return mail :(. Otherwise the scenario is exactly identical to June 1st filers.



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  • newbee7
    07-09 04:23 PM
    Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
    So you be ready toooo.

    I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
    Are we 100% SURE that this happened???

    Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
    In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.

    "not entirely completed" = INCOMPLETE

    I think this should count for 100%.

    http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin





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  • surabhi
    07-28 12:56 PM
    The corporates know what they are doing. They want to create controversy and rake in sales.

    I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.

    I guess the marketing honchos at this company couldnt care less

    For those who hasnt seen the image, I tried attaching here. Not sure if it'd come thru.
    http://www.sepiamutiny.com/sepia/archives/lost-ipa.jpg



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  • anilvt
    10-12 02:09 PM
    Can we do same for EB2 too ...quite helpfull for EB2 stats too





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  • Legal_In_A_Limbo
    03-20 09:13 AM
    Can any one share with me the AC-21 offer letter + Employer verification format?

    I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.



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  • swamy
    08-21 11:35 AM
    I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
    I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.

    I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
    How do I handle this?
    They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
    I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.

    Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
    I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
    Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?

    sorry to hear your plight & the reactyion which is a very normal & human one. but uscis deals only with aliens so dont expect them to be humane or have any sense of decency or compassion (or efficiency!)- get a lawyer who can work pro bono and i'm sure they can handle the paperwork for waiving fees etc along with dealing with the nuts at uscis. dont expect sympathy from this forum - these ppl are used to uscis abuses so much (sortof battered wife syndrome) that they've forgotton what the reacion would be when normal human beings go up againts uscis..





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  • same_old_guy
    07-09 04:47 PM
    And we are not in deep shit right now ???? Where have you been all the time ?

    Why are you so scared ? Is it because you think USCIS wil do harm to you and others ? Well, what the hell it was doing while allocating all the quota in 15 days to avoid the rush ?

    I wish USCIS would get down on it's knee and issue an apologies to all those people it's screwed over !



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  • Wendyzhu77
    07-24 12:48 PM
    I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.





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  • Hermione
    09-26 11:13 AM
    No problem. I just wanted to encourage everyone with a strong feeling on H1 increase to post on the CNN site.

    I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.

    I support H1-B's and please continue in the debate for H1-B's.





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  • haifromsk@yahoo.com
    02-21 02:52 PM
    bump





    eb3retro
    08-16 03:39 PM
    Because you guys are not as clever as EB2s.



    easy there pray...people can get offended by your statement. Not a good statement for your first post.





    immigrant2007
    07-29 10:21 AM
    The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
    A promise is a promise whether verbal or written.
    In this matter desi consultancies are far better.

    I know you are not going to like my reply...but written is a written issue. Desi consultancies and body shops have thier own issue. Infact they exploited the system and candidates to the core.
    Having things documented is the best way. If a company had to play fould it can do it anytime (even on verbal). I also learned the hard way. While writing we can still refere outside lawyers (of our choice)