Thursday, June 9, 2011

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  • bluekayal
    10-16 03:56 PM
    Didn't you have one in 2009?




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  • gimme Green!!
    08-19 12:43 PM
    i dont know what ADIT is.
    there was no mention of 'ADIT' or 'Card ordered' in my email.
    I got the email that said:

    ============================
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    We mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
    =============================




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  • svgupta
    06-15 03:40 PM
    Yes.. Leave it blank.. Even my attorney said so...




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  • valatharv
    07-15 02:39 PM
    I filed I-485 in Nov. 2007 and waiting.... :(

    Problem is I noticed that name of my father in my passport is reversed example it shows <lastName> then <FirstName>.

    But in my birth certificate it is vice versa <FirstName> then <lastName>....

    I got the RFE in July 2009 for my date of birth certificate which I have provided to USCIS mentioning father name as in my birth certificate i.e. <FirstName> then <lastName>.

    I renewed my passport in April 2010 and corrected father name, but in all the old forms before RFE, my father name shows as <lastName> then <FirstName>.

    Will it be issue, I am frustrated and worried on what to do, is it going to have major impact on my GC processing as all the forms I have submitted to USCIS and my passport have my father name as <lastName> then

    <FirstName>.

    Please suggest I am very worried...

    Thanks



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  • thomachan72
    03-25 02:20 PM
    It seems to be only on economy? I couldn't find anything on immigration.




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  • sad_angel
    05-18 02:09 PM
    any answers please?



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  • bluekayal
    10-22 09:24 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html




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  • danu2007
    10-09 09:11 PM
    Please go to below thread and update the list with your details.

    http://immigrationvoice.org/forum/showthread.php?t=5935



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  • newlife2
    09-19 10:46 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.




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  • chi_shark
    09-04 12:12 PM
    Tell your friend that it will be more fun to watch grass grow than filing for gc...

    just kidding... if he just needs I-140 approved so he can continue to get 3 year H-1 extensions, then its a good idea to start PERM.

    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M



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  • ladyliberty
    09-23 11:23 PM
    Hi!

    Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!




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  • HRPRO
    02-18 10:47 AM
    Jagan,

    Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.

    I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.



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  • desi3933
    06-30 01:56 PM
    ....
    I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr./Ms. P. Saxena -

    Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

    USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

    Hopefully this clears your confusion,

    Have a good day!

    desi3933




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  • sekasi
    08-25 07:12 PM
    I want a smug smiley.

    Also, the 'mad' one, :m: looks more like a steaming bun than an angry face ; )



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  • tonyHK12
    01-31 09:29 AM
    Definitely lets all agree to meet with our local house reps.
    You can find your local congressman/woman from http://house.gov by entering your zip code.
    They are generally very close to your geographic area.
    Please ask if you have any questions, doubts.




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  • file485
    02-05 06:29 PM
    lets not drift away even a little bit from our main efforts...

    Dont forget this cud be an open forum and every kind must be viewing the posts here...so lets not bother how many outsiders r needed in this country or how much education is needed here..

    remember waht happened at techworkers1 yahoo forum...no matter what, we have our points to say and anti immigrants have their points to say...

    So..lets not even debate on these kind of topics...



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  • vandanaverdia
    09-10 12:59 AM
    ^^^ bump ^^^




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  • milind70
    07-24 08:39 PM
    Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??

    In the first case if I proceed as of now and when I get an RFE, what should I do ???


    Thanks
    In most of the case Birth Certificates issued by Consulates are not accepted USCIS.Submit you Birth certificate along with two affidavits you should be fine.




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  • GCNirvana007
    10-08 05:20 PM
    GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.

    Recent H1-B company B has nothing to do with GC.

    Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.

    Now u r saying something about company C running ur payroll.

    Mr.Smuggy - Easy buddy. Relax.

    I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?




    ajp5
    05-05 10:15 AM
    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

    That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.




    knowDOL
    07-27 11:05 AM
    If GC is not your priority and you are ready to pay money every year to your attorney you can leave your company in the middle of all this. If I were you, even if I am not from India or China I would not have left a company that has a PD of 2002.

    After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.


    Dear all

    First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

    Sorry i confused u all...here are my GC Filling details:

    LC State: NJ
    LC Category: EB2
    LC PD: 24 SEP 02
    I-140 FD: 15 JUNE 06
    I-140 RD: 16 JUNE 06
    I-140 LUD: 03 JULY 06
    I-140 Receipt# : LIN-06-191-XXXXX
    I-140 AD (If any): Still waiting!!!
    Concurrent filing: NO


    So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

    I guess the best option for me is to

    ** wait till my get my I140 approves,
    ** get my H1B extended for another 3 years (instead of 1 stupid year),
    ** Wait for at least 180 days

    then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

    More suggestions and opinions??? :o


    Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

    Pls advise

    Sky



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