Tuesday, June 7, 2011

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  • kaisersose
    12-17 10:16 AM
    This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.

    USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.




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  • chanduv23
    07-30 09:36 AM
    Pappu - it is defnitely pathetic that people have not been able to make best use of Ombudsman's calls.

    But we have to accept reality. In general, from what I understand, Ombudsman calls are for common man and people who participate may not necessarily be an IV member or come to IV forums regularly or think in the way we think. Even if an IV member is on the call and is a regular visitor to forums and is wanting to do something collectively, he/she may want to deal with their case.

    If IV is organizing the Ombudsman call and requests IV active members to utilize the opportunity in the best possible way - it is a different thing but that may also not help.

    I do share your feelings but I guess it takes a lot lot lot of time to organize people to stand up for collective issues and collective resolutions rather than their oown individuial needs.




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  • ddeka
    09-17 10:36 AM
    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?

    Don't give original copy. Let them make a copy of the original.




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  • bobzibub
    05-15 12:50 PM
    1) Backlog breeds backlogs.
    - Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.

    2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.

    3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.

    4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.

    5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?

    6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
    There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.

    7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.



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  • neerajkandhari
    06-04 07:47 AM
    CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.

    I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
    I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2

    please Advice




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  • jayram123
    07-18 07:34 AM
    DIGG THIS PLEASE:

    http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards


    Dugg!:)



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  • luvschocolates
    07-02 01:41 PM
    I just spoke to a service representative at USCIS in Jacksonville, Florida, and he explained that the I-797 cancellation notice will be identical to the original we received, except that it will say "Appointment Cancelled- No need to appear at ASC".
    I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
    He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
    He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
    So I guess we sit back and wait some more huh?
    I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
    Hope that helps some! Happy 4th everyone!:o




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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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  • mariner5555
    05-14 04:24 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.
    do you say the above because of presidential election or because of new quota which will be released in oct.
    if the first one is the answer - then nothing will happen even after the elections for atleast 2 years ..




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  • dealsnet
    02-26 10:31 AM
    Don't give advise, if you are not sure.
    Nobody can file AOS, if they are out of status.
    If it was the case every one will make it that way.
    Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
    She need to consult a reputed immigration lawyer first before the marriage.
    Out of status more than 6 months will trigger a ban from 3 to 10 years.

    CONSULT A LAWYER.

    If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

    All these forms are available at the USCIS website.

    They will ask you to come for fingerprining at a biometric center in a few weeks.

    After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

    Goodluck with the process !

    Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.



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  • nixstor
    09-17 11:55 AM
    I agree with the confusion part of your post. How ever, the timing should be good for a name change and I am sure atleast it will have some people say "hey, look these guys are waiting in line". But if 100 out of 100 people here are because of issues being faced by EB issues, I dont see anything wrong in associating ourselves to that cause. In fact, if any one comes to the website and reads for a minute its crystal clear that we are trying to alleviate the situation for EB applicants. In the visa bulletin, I see EB and FB categories. Am I missing some categories in Legal Immigration? (excluding getting enlisted)




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  • xbohdpukc
    09-25 02:45 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.



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  • camilopino
    01-08 04:33 PM
    Yep, it is current.

    Would it be reasonable to expect te green card to be approved about three months after biometrics, or is there no relationship at all?




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  • walking_dude
    01-18 04:13 PM
    Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.



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  • unseenguy
    02-23 01:34 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.




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  • wandmaker
    12-11 07:46 AM
    Do you all know Omnibus Funding Drive thread rocks? We had a great start today and we will have a good finish

    Go IVans Go!



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  • chprav
    11-05 10:28 AM
    Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Approval notice sent.

    On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.




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  • fromnaija
    02-07 01:08 AM
    good question. i guess you were thinking we both were on AOS stage.

    only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.

    hope this explains. thanks.

    Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
    I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?




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  • spicy_guy
    07-30 02:27 PM
    Can someone translate (if you have patience)?




    vnsriv
    03-27 11:02 AM
    Hi All,
    My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
    I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
    So is this correct that I can file my wife's case only when priority dates become current?
    Now the real question is how do I keep track of this.

    Option 1

    On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html

    All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES

    Employment-Based
    1st C 01JAN04 01JAN05 C C
    2nd C 01JAN03 01JUL02 C C
    3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01

    So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?




    Option 2
    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont

    I-485 Application to register **** Employement Based adjustments application March 01,2005

    Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case

    Please suggest which is the correct way to keep the track

    Thanks a lot




    sendmailtojk
    03-05 06:27 PM
    1. You said you entered US in 12/06 with PP expiring 5/07......if PP has an expiry date of <180 days, the Immigration guy in India normally should not allow you to board the flight.

    2. The last issued I-94 is the valid I-94.

    3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.

    Cheers and Good luck.



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