Saturday, June 11, 2011

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  • hebron
    04-03 12:31 PM
    Hi Bobby,
    I'm sorry, I'm a little confused now. Maybe its just me.

    Couple of questions, if you don't mind.

    1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?

    2. Did you apply for 3 year H1-b extension even though your passport was not renewed?

    3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?

    4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?

    Thanks



    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW




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  • raju_abc
    07-23 11:18 AM
    Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...

    Its Pittsburgh , PA




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  • chintu25
    03-26 11:37 AM
    Not accepting votes now ???




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  • rajas
    05-31 10:18 AM
    I know that there has been several discussions regardigng this topic.One thing I never knew was that once your 6 year H1 Limit is over and say you got H1 extension for 3 more years based on approved I140, now for some reason if your 485 is denied your h1 will be denied too!!! so H1 is not a back up to EAD in this scenario...some lawyers have this opinion!!!!

    So EAD/H1 discussion important only for those who have not reached 6 year limit

    Any comments!!!!



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  • belmontboy
    05-21 04:56 PM
    we have become subject of joke for them!




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  • purgan
    11-11 10:32 AM
    Randell,
    Congratulations on getting the attention of the Times, and your tireless efforts in spreading word of the broken legal immigration system.

    ===

    New York Times
    Immigration, a Love Story

    http://www.nytimes.com/2006/11/12/fashion/12green.html

    WHEN Kenneth Harrell Jr., an Assemblies of God minister in South Carolina, invited Gricelda Molina to join his Spanish ministry in 2000, it didn’t take him long to realize he had found the woman he had been waiting for. On the telephone and during romantic strolls they talked about their goals, their commitment to God and how many children each would like to have. Six months flew by, and he asked her to marry him.

    “She’s a beautiful woman with a beautiful spirit, very gentle, very sincere,” Mr. Harrell said. But Ms. Molina, a factory worker, was also an undocumented immigrant from Honduras, who had crossed into the United States twice, having once been deported. Mr. Harrell, the pastor of Airport Assembly of God church in West Columbia, said he was not too concerned. “Whatever came, we would walk through this path together,” he said.

    Mr. Harrell and Ms. Molina, both 35, married in 2001, in a large wedding attended by family from both sides and blessed by pastors in English and Spanish. But the Harrells no longer live together, not because of divorce, but because Mrs. Harrell, now the mother of two sons and four months pregnant with their third child, has been deported. She had applied for legal residency, or a green card, with her new husband as her sponsor, Mr. Harrell said, but she was sent back to Honduras 20 months ago because of her illegal entries and told she would have to wait 10 years to try again.

    “Illegals are pouring over the border,” said Mr. Harrell, who has visited his family five times. “We meet them, we fall in love with them, we marry them. And then the government tears your family apart, and they take no responsibility for letting them in, in the first place.”

    Falling in love and marching toward marriage is not always easy, but a particular brand of heartache and hardship can await when one of the partners is in this country illegally. The uncertainty of such a union has only been heightened by the national debate over illegal immigration. Whether the new Democratic leadership in Congress will help people like the Harrells remains to be seen.

    It is hard to quantify how many people find themselves in Mr. Harrell’s situation, but with stepped-up enforcement in recent years, deportations have increased, and so have fears of losing a loved one in that way. (There were 168,310 removals in 2005, compared with 108,000 in 2000, immigration officials said.)

    And that is only one byproduct of love between two people with such uneven places in society, immigration lawyers say. Many relationships strain under the financial burden of hiring lawyers for what can turn into years of visiting government offices, producing pictures, tax records and other evidence of a legitimate marriage in the quest for legalization. And while instances of immigrants faking love for a green card are in the minority, according to immigration officials, some couples feel pressure to marry before they are ready, hoping that marriage will prevent a loved one’s deportation.

    Raul Godinez, an immigration lawyer in Los Angeles, said: “I ask people, ‘How much do you love this person? Because immigration is going to test your marriage.’ If you don’t feel it’s going to be a strong marriage, I wouldn’t do it.”

    Many people may still believe that obtaining legal status through marriage is easy, because of periodic reports of marriage scams. In a three-year investigation called Operation Newlywed Game, immigration and customs enforcement agents caught more than 40 suspects in California for allegedly orchestrating sham marriages between hundreds of Chinese or Vietnamese nationals and United States citizens. But such fraud occurs in only a minority of cases, federal officials said.

    In reality, immigration lawyers said, marrying a citizen does not automatically entitle the spouse to a green card and is only the first step in a long bureaucratic journey. The lawyers noted that changes in the law in the last five years have made this legalization path increasingly difficult, one worth choosing only if true love is at stake. (Other routes include sponsorship by immediate family members or an employer.)

    The Harrells said they had no idea how difficult it could be and were shocked when Mrs. Harrell’s application for permanent residence was turned down, leaving them only 12 days to prepare for her departure. In that time, Mr. Harrell said, they decided that the children, now 4 and 3, would go with her. So Mr. Harrell obtained passports for them, and the church held a farewell service.

    “It was very traumatic,” he said. “Our whole world was crashing around us.”

    In Yoro, in north central Honduras, where Mrs. Harrell and the children live with her parents, she said the older boy constantly asks for his father, begging, “Let’s go to my papa’s house.” She has coped with her own dejection, too. “I know how much work he has over there,” she said by telephone. “He needs his wife.”

    But even in the best of circumstances, when an immigrant enters the country legally, couples may have to rearrange their lives and defer their dreams.

    Paola Emery, a jewelry designer, and her husband, Randall Emery, a computer consultant in Philadelphia, said they delayed having children and buying a house for the nearly four years it took the government to complete a background check for Mrs. Emery, who had entered the country from Colombia with a tourist visa and applied for permanent residency after they married in 2002.

    Mrs. Emery, 27, said lawyers advised them it was not wise for her to risk trouble by visiting her close-knit family in Colombia and then trying to re-enter this country. She said she was absent through weddings, illnesses and even the kidnapping and rescue of an uncle.

    “I felt like I was in jail,” Mrs. Emery said.

    Officials with the Citizenship and Immigration Services in the Homeland Security Department say that delays lasting years are rare, but some immigration lawyers say they see clients who wait three to four years for security clearance. Mrs. Emery and her husband, 34, sued Homeland Security over the delays, and she was finally cleared last May. By then Mr. Emery had helped form American Families United, a group of citizens who have sponsored immediate family members for immigration, and which advocates immigration-law change to keep families together. Immigration Services officials say they are not out to impede love or immigration. Nearly 260,000 spouses of citizens received permanent residency through marriage last year, out of 1.1 million people who became permanent residents, according to the Immigration Services office. “The goal is to give people who are eligible the benefit,” said Marie T. Sebrechts, its spokeswoman in Southern California. She said the agency does not comment on individual cases.

    When a legal immigrant is sponsored by an American spouse, she said, the green card can be obtained in as little as six months. But with complications like an illegal entry, laws are not that benevolent, Ms. Sebrechts said. In those cases, the immigrant usually must return to the home country and wait 3 to 10 years to apply for residency, though waivers are sometimes granted.

    Such obstacles are far from the minds of couples when they meet. And for some, so is the idea to question whether the beloved feels equally in love with them.

    Sharyn T. Sooho, a divorce lawyer and a founder of divorcenet.com, a Web site for divorcing couples, said she has represented American spouses who realized too late that the person they married was more interested in a green card than in living happily ever after. “They feel conflicted, used and abused,” she said. “It’s a quick marriage, and suddenly the person who was so sweet is turning into a nightmare.”

    But more often, said Carlina Tapia-Ruano, the president of the American Immigration Lawyers Association, couples marry before they are ready because “there’s fear that if you don’t do this, somebody is going to get deported.”

    Krystal Rivera, 18, a college student in Los Angeles, and her boyfriend fall into this group. Ms. Rivera is set on marrying in April 2008, even as she worries that it may put too much pressure on the relationship.

    “I never wanted to follow the Hispanic ritual of getting married early,” said Ms. Rivera, a native of Los Angeles whose parents emigrated from Mexico.

    She said she fell in love at 13 with a Mexican-born boy who sang in the church choir with her. “He started poking me, and I said ‘Stop it!’ ” she remembered.

    Ms. Rivera is still in love with the boy, now 19, who was brought into the country illegally by his mother when he was 12. He goes to college and wants to become a teacher, while she hopes to become a doctor.

    But for those plans to work, Ms. Rivera said, she needs to help him legalize his status. She said she has witnessed his frustration as he dealt with employers who didn’t pay what they owed him or struggled to find better jobs than his current one as a line cook. Because of his illegal status, he is unable to get a driver’s license or visit the brothers he left in Mexico. “We want to be normal,” Ms. Rivera said.

    The Harrells, too, have decided to take charge. After months of exploring how to reunite the family and spending thousands of dollars on lawyers, Mr. Harrell has decided to leave his small congregation, sell his house and join his wife in Honduras. He will be a missionary for his church for a fraction of the $40,000 a year he makes as a minister.



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  • stuckinmuck
    02-11 07:01 PM
    gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

    It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.




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  • deepimpact
    09-18 08:53 PM
    that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....

    USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.



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  • ravi2patel
    07-24 05:19 PM
    I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.

    good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.




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  • irrational
    06-30 04:23 PM
    Message from AILA (American Immigration Lawyers Association) website about the biometrics cancellations:

    6/30/2009 ASC Biometrics Cancellations
    USCIS has reportedly cancelled all biometrics appointments for July 7-July 9, and all appointments are to be rescheduled in 2-3 weeks. AILA Doc. No. 09063061.



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  • lostinbeta
    10-04 01:35 AM
    Read in my post in the first page of this thread. I changed the last stop so it would be easier to understand and do.

    I believe for my step to work you need to have the tool next to the marquee tool activated (the selection tool? I forget what it is called)




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  • amsgc
    05-29 08:13 PM
    The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
    Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
    Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

    Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

    Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.


    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.



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  • vvincent72
    08-16 04:59 PM
    As per me, you really have to do "nothing"

    1. You continue working with your present employer
    2. Let the contract company get your H1B approved
    3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
    4. Wait for 6 months
    5. After 6 months you will get EAD.

    I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons

    The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485

    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!




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  • GCNOMAD
    03-07 01:58 PM
    Just a quick comment on S4165504 reply based on my experiences that I posted before on the same thread.

    The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.

    In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.

    Regards



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  • sanju
    01-26 02:12 PM
    Lonjourney,

    Any update, what did your lawyer say? What did you end up doing?




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  • pthoko
    05-31 11:22 AM
    My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.

    Great Thank YOU, Guys like you have no match!!! :)



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  • zofa30
    09-14 11:52 AM
    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




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  • milind70
    10-15 02:03 PM
    Hi,

    Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??

    goodluck,
    vaishu

    I think not since his PD is 2006.




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  • anoopraj2010
    07-30 11:11 PM
    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?




    ilikekilo
    03-31 12:07 PM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:


    as a consumer YOU have to the right ot get taht report and dispute it, meanwhile stay calm and try work with your employer, I guess there is nothing much you could do if they jsut go by the report and they cant be liable for anyhting, your b est bet is get the report or the least the name of the company that did ur background check and go from there...good luck...very unfortunatae situation...




    jonty_11
    02-09 12:45 PM
    Yes we have to keep focused and not give up this fight. With so much taxes and spending we have pumped into the economy, dont u guys think u deserve better.



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