Macaca
02-27 12:01 PM
Please post such articles in the News Articles thread along with email of authors. Thanks.
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
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dilvahabilyeha
06-18 02:24 PM
Hi friends,
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
kak1978
11-30 02:33 PM
I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!
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ThinkTwice
10-26 01:10 PM
I am in the same boat...
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!
more...
brij523
02-20 11:38 AM
please join.
morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
more...
abhi2001
02-24 04:06 PM
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
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HRPRO
05-04 01:43 PM
What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
more...
setpit_gc
04-22 02:18 AM
Hi
I am on H1 and have approved EAD.
Do I need to send H1 copy or EAD copy along with other documents for AP renewal?
Thanks for your help!.
I am on H1 and have approved EAD.
Do I need to send H1 copy or EAD copy along with other documents for AP renewal?
Thanks for your help!.
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royus77
06-25 11:27 AM
My company pays fixed amount 3500 ( for with 2 year agreement clause ) for the GC process and the same got exhuasted by the time i got my I 140 ( Expensive attorney) . For 485 i am paying from my pocket.
more...
cinqsit
09-27 11:55 AM
Hey
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
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ilwaiting
12-28 09:44 AM
It would be really ages before EB3 moves to Jan-03. I guess we can worry about the getting stuck(in Jan-03) part when we are there. Just trying to be realistic.
Currently EB3 is on May 01
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
Currently EB3 is on May 01
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
more...
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uma001
11-04 10:52 PM
click Edit - then "Go Advanced" button to change the Title. Save.
Thanks cygent
Thanks cygent
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jatinr
07-23 06:45 PM
USCIS has cleared answers to most of the questions related to receipt notice,but not the one where a I-485 receipt notice is not issued and the applicant has to file 765/131 before August 17th to take advantage of old fees.
Most of the applicants were not able to file 485/765 and 131 concurrently.
Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.
Can someone get these claried as part of FAQ's
Most of the applicants were not able to file 485/765 and 131 concurrently.
Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.
Can someone get these claried as part of FAQ's
more...
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GCwaitforever
04-03 10:09 AM
I am quite happy with the answer from Logiclife. That is a logical response considering the difficulty we have with fund raising. Though IV has been there for just three months, we did a damn good job of raising the awareness and mobilizing people impacted.
My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?
I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.
Jinger,
Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.
My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?
I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.
Jinger,
Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.
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FinalGC
07-20 12:47 PM
In Michigan if you want to get in-state fees, then one has to be GC holder. My wife has put her studies at bay until GC comes. Trying to focus on our 2 children in the meantime.....with the hope that at least they will do well in the future......
I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.
I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.
more...
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paskal
06-13 04:41 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
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waitin_toolong
08-14 06:17 AM
Hello All,
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.
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harivenkat
08-05 01:09 PM
"08/05/2010: Sen. Jeff Sessions of Alabama Introduces S. 3702 to Grant Adjustment of Status to Certain Long Time Conditional Residents
* Senator Sessions rarely introduces pro-immigration bills because of his ultra-conservative staance. Yesterday, he introduced this in the Senate. The text is yet to be made available and we are curious of text of this bill. Please stay tuned. Hmm................. "
- The OH LAW
tried calling Senator's office to find out what S.3702 was all about... they didnt seem
to have any info any on this particular bill....although they think vote will happen
after August recess (Information on Senator Jeff Sessions of Alabama (http://www.contactingthecongress.org/cgi-bin/newmemberbio.cgi?lang=&member=ALJR&site=ctc))...
not sure if this should bear any relation to Eb2/Eb3, etc....
* Senator Sessions rarely introduces pro-immigration bills because of his ultra-conservative staance. Yesterday, he introduced this in the Senate. The text is yet to be made available and we are curious of text of this bill. Please stay tuned. Hmm................. "
- The OH LAW
tried calling Senator's office to find out what S.3702 was all about... they didnt seem
to have any info any on this particular bill....although they think vote will happen
after August recess (Information on Senator Jeff Sessions of Alabama (http://www.contactingthecongress.org/cgi-bin/newmemberbio.cgi?lang=&member=ALJR&site=ctc))...
not sure if this should bear any relation to Eb2/Eb3, etc....
ImmigrationAnswerMan
09-14 12:23 PM
1) Any time someone takes a trip outside the US for longer than a year they are taking some risk that CBP will determine that they have abandoned their permanent residence. It would probably be OK, but there is no guarantee. If someone is taking a trip for longer than one year they must get a travel permit.
2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.
** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.
2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.
** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.
willigetagc
08-09 05:51 PM
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
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