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  • Green.Tech
    08-06 09:50 AM
    Any other thoughts?




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  • eb3_nepa
    07-29 05:42 PM
    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".




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  • mmandal
    06-08 12:18 PM
    Chanduv23 wrong on both counts:

    "For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."

    No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.

    "And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."

    No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.




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  • tissac
    01-23 10:28 AM
    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    >>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!

    >>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.

    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents

    >>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.

    Thomas



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  • xbohdpukc
    04-02 10:06 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?

    you are missing the whole point: you should've been undocumented on or before Jan 7th 2004




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  • WaitingYaar
    09-21 06:50 PM
    The dates for filing shown in processing dates released on 9/19 do not concur with this information.



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  • 123456mg
    07-29 04:16 AM
    Hi there,

    IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.

    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?


    Hmmm..... good idea! Looks like you have a baby......

    I do not think in any country there are such laws in place. Why don't you write it to US congress and see if it gets passed!! You will find yourself at the end of few million illegal latinos.

    Good luck buddy!!




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  • ram_ram
    06-08 02:16 PM
    Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..



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  • marlon2006
    06-13 03:22 PM
    Hey Renata,
    It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.

    Since my wife couldn't work, we had a baby back then.

    Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)


    South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
    He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?




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  • raysaikat
    08-04 11:36 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!

    IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).



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  • fester8542
    05-27 09:34 PM
    golgi Your ugly arse site was moooooooooooving...

    This has to be the strangest battle ever! Leave it to you to come up with an idea like that...




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  • BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10



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  • kaizersoze
    03-21 01:48 PM
    Folks,

    I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
    We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)


    The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen

    List of the senators and the congressmen
    http://www.visi.com/juan/congress/cg...e=ctc&state=nj

    To find your local representative
    http://www.house.gov/writerep/


    This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.

    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.

    Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:


    The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36

    We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.

    C'mon people, now is the time to make a difference. lets make this happen !!




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  • dealsnet
    07-23 01:55 PM
    AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
    But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.

    AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.



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  • mrajatish
    08-15 09:30 AM
    The answer to your question: It depends on your situation.

    If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.

    If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?




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  • nashim
    10-14 03:49 PM
    You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.

    Other option you have H1B stamping if you are maintaining H1B. thanks



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  • FinalGC
    05-01 10:02 AM
    You may be able to reopen the old case, provided the old emploer has not sent a letter to USCIS stating the intent to not persue......if not talk to old employer and lawyer....they may ask you to pay some money for it.....eventually, you may need to work for them for at least 6 months, after getting GC, which will get you legally correct in front of USCIS.

    The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.

    I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.

    All the best.




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  • mdy_tvr
    02-04 06:34 PM
    yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.

    Thanks meridiani.planum for the response.




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  • Templarian
    11-26 11:09 AM
    While I quite like TheCanadian's idea, you can use the one I made. :lol:




    mbartosik
    05-30 01:17 PM
    Following this logic only BEC cases are affected.
    I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.

    If BECs complete processing by year end then all I140s could be issued within a few months of that.

    After BEC cases have been processed then what's the problem since PERM is workable?

    The only problems I see are:
    BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
    Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.

    The extension beyond 6th year was only ever intended to allow for the labor certification backlog.

    Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).

    If the BECs complete their job, why would there be a need for 7th year extensions?




    anandrajesh
    12-19 08:31 PM
    core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.

    I'LL BE THERE



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