Sunday, June 19, 2011

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  • IVfan08
    12-16 02:11 PM
    Just got mine renewed in Jersey City, NJ using my EAD without issue.




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  • immi_twinges
    09-06 09:05 AM
    Received card production ordered email today!!!

    For all those whose spouses are in F1 status do not worry

    I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.

    Graduated but did not apply for OPT and started using 485-EAD to work.

    Well... one more thing our lawyer forgot to include our BC while applying.
    Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.

    I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...

    I am happy to tell...do not worry if you are on F1 and
    do not travel on F1 visa
    Do not apply for OPT ( my limited knowledge advice)
    Your lawyer knows the best!

    Regarding LUDs:
    If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...

    I am planning on attending the Rally to show my support to 1V

    I hope 2007 will be lucky to every one

    Believ me journey through 485 process is nerve-wracking...
    Just think if it really makes a difference think about it ...no
    Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh

    All the Best:o
    EB3
    PD : July 2004
    RD : March 2005
    VSC--> TSC : Mar 2007
    LUDs on 485 : July 29, Sep3rd 4th
    and card production ordered on 5th




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  • hpandey
    12-26 01:31 PM
    Both are wrong answers .. no one is an alien .. we are all human beings :D

    Just kidding ..

    But on a serious note I think we fall under non-resident alien.




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  • jsb
    12-16 09:10 AM
    Any of got approved based on this memo ?

    I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.

    Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.



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  • singhsa3
    04-30 05:11 PM
    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.

    So far I have the following rational (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.

    Facts

    1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
    2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.

    Assumptions
    1. Each labor application uses in 2.2 visas.
    2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
    3. Total BEC visas requirements 180,000*2.2= 396,000
    4. NIW applications are negligible.
    5. Retrogressed countries account for 50% of visas used.


    Calculations
    Scenario 1: Visa processing time is Zero
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
    2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
    3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521

    Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
    2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
    3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.

    What it means:
    BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.

    Conclusion:
    Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
    Last update:
    Time 11.32 AM ET , 05/01/08.




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  • senk1s
    09-23 12:22 PM
    there is a posting on immigration-law.com stating 2 yr EAD is for i140 approved applicants only - but that is not true in our case



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  • newlife2
    09-19 10:12 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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  • GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.



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  • indianabacklog
    12-04 08:56 PM
    If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.

    the third rule on the first thread.

    One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.




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  • InTheMoment
    02-06 11:53 PM
    Senthil,

    If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !



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  • a_yaja
    09-14 01:17 PM
    bc_rp,
    Thanks for your reply.
    For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

    Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.

    Thanks

    Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).

    You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.




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  • chem2
    08-29 10:14 PM
    PAR: parolee



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  • lghtslpr
    02-08 12:26 PM
    Someone over at immigrationportal.com is organizing a letter-writing campaign to demand transparency at the Philadelphia Backlog Processing Center. I think it's a great idea. Please participate. See details here:

    http://www.immigrationportal.com/showpost.php?p=1352681&postcount=10560




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  • chanduv23
    09-05 11:54 AM
    ALL IV MEMBERS AND ENTIRE IMMIGRANT COMMUNITY MUST MUST MUST FOCUS ON STRIVE ACT.

    This is our top most priority.

    The rally has been perfectly timed. We must make this a big success.

    So please participate in the rally.



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  • lostinbeta
    10-28 09:54 PM
    That sucks eberth :(




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  • kate123
    06-17 01:06 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..

    It is illegal to derive income by selling iphone apps.
    For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...

    see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)

    Again, you are not supposed to derive any income by selling iphone apps.

    Disclaimer: I am not a lawyer. Please do not take this as a legal advice.



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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!




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  • sathyaraj
    11-02 10:38 AM
    I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?

    No. It will not help.
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

    Do you think there are only 61K nurses waiting in line?
    Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.




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  • pa_arora
    07-10 04:20 PM
    India and China EB2 - 01OCT03




    anilsal
    09-14 10:52 PM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?




    krupa
    05-10 09:53 PM
    It was happenned to me also when I use my laptop which has Vista O/S. But when I tried in another system with windows XP , I did not find any problem.

    I tried that too.I provided the petition details and clicked submit button. Then it takes me to save and exit buttons there is no continue button.

    Let me try once again. Any more inputs.....


    Thank you

    Amul



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