الخميس، 9 يونيو 2011

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  • baburob2
    12-04 06:46 PM
    basically you have to maintain GC and then also abide by citizenship requirements. regarding the stay if you want to apply for citizenship after 5 years of getting GC you should physically be in US for 30 months (ie half of the 5 years) and no single travel outside of US should span more than 6 months (though under some circumstances you could counter travels between 6 months to 1 year).




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  • thamizhan
    07-18 10:15 AM
    Any information about returned applicantion filed for July ?




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  • kondur_007
    03-25 08:31 PM
    Got some answers for you (they are in red below).

    good luck.

    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 � shows 57,000$/yr
    2006 W2 � shows 50,000$/yr
    2007 W2 � shows 58,000$/yr
    2008 W2 � shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
    I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.


    Thanks.




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  • NIW
    08-30 05:33 PM
    We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

    Thanks
    Srikanth
    P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.



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  • eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.




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  • sanju
    01-22 03:39 PM
    Hello,

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?




    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.



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  • gultie2k
    07-02 08:41 PM
    Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.
    Thanks




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  • samir
    04-27 08:48 PM
    Hi,

    Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
    Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
    Thanks inadvance

    Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.

    Link to this service provided by the Consulate General in San Francisco
    http://www.cgisf.org/visa/indian_services.html#mis-bc



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  • Krilnon
    01-21 09:50 PM
    Okay, it turns out that my super-cool way of doing it would be more time-consuming than I thought. :P

    Anyway, here is a less-cool HTML page with a list of them all: http://reclipse.net/kirupa/fxpression09/entries.html

    Edit: In case you're wondering, glosrfc, I just used the first SWF in your Wormy Circles entry because all of the other entries only had one SWF.




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  • MARY_GC
    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.



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  • qualified_trash
    10-25 09:37 AM
    How long the old I-140 needs to be valid ? Should it be valid only until one gets the new I-140 cleared with the Old PD ? Or does it needs to be valid until the 485 is filed and status is adjusted ?
    should be valid preferably until you get your new I140 approved.




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  • arihant
    10-16 01:23 PM
    If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.

    ~

    Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?

    This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.



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  • MKT79
    07-02 05:00 PM
    Application Support Center Appointment Rescheduling - July 6 - 10, 2009

    System errors caused a number of Application Support Centers to be overscheduled during the week of July 6-10, 2009. As a result, some applicants may receive cancellation notices for appointments originally scheduled during this timeframe.

    If you do not receive a cancellation notice, please appear at your ASC appointment as scheduled. If you do receive a cancellation notice, you will soon receive an ASC appointment notice for a new date and time, typically for an appointment within the next two to four weeks.


    USCIS Alert (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3e9815ecdd732210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)




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  • gc_kaavaali
    07-16 05:21 PM
    Jonty,
    Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.

    I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...

    When new processign dates come out you will know have patience.



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  • WeShallOvercome
    08-01 05:23 PM
    Bump!!


    Old filing fee and form if filed by 8/17
    No negative side other than a few days delay for them to match it up against your I-485




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  • desi3933
    02-11 07:59 PM
    I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
    ...


    Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
    __________________
    Not a legal advice.



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  • Appu
    04-08 04:23 PM
    Zogby, Time, CNN, ABC news, CBS news to do a poll this way:

    Who do you think is right on immigration - the house or the senate?

    I bet a majority will say "the senate". That should give the House anti-immigration group some pause.

    Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.

    If you do find a poll like this, popularize it by sending it to local news outlets.




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  • onemorecame
    10-25 01:19 PM
    Hi Gurus,

    I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

    Is it any problem to get 2 A#? if yes then what should be plan of action?
    If No then which one is active A# number.

    Please advice.

    onemorecame.

    Bump




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  • prinive
    03-14 02:40 PM
    We all know that we are able to file 485 on July and we got EAD due to IV efforts. Which in turn helping us to get a 600$ rebate for the spouse (Some plan to spend the money).. Can we make a pledge here that we will contribute a certain % to our organization? The % can be your choice. At least this % can help this site up and running� If the moderator decide that this is not a good idea please close this thread.

    First from me 20% from whatever I get as rebate �




    eilsoe
    10-15 07:25 PM
    Has this thread been forgotten?

    I'm still waiting to hear what a "dog's clue" is... :P


    isn't the paw pring a standard vector shape in PS7? Or did I download it somewhere...?

    hm.... never can remember...




    cfan666666
    06-22 03:45 PM
    Thank you for the information,

    according to this link:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD

    There are many mailing addresses for TSC


    USCIS TSC
    P.O. Box 851983
    Mesquite, TX 75185-1983

    USCIS TSC
    P.O. Box 850965
    Mesquite, TX 751185-0965

    USCIS TSC
    PO Box 850919
    Mesquite, TX 75185-0919

    USCIS TSC
    PO Box 851182
    Mesquite, TX 75185-1182

    USCIS TSC
    PO Box 852685
    Mesquite, TX 75185-2685

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 279030
    Dallas, TX 75227-9030

    USCIS TSC
    PO Box 851804
    Mesquite, TX 75185-1804


    Any idea for filing 485?

    thank you and have a nice weekend.



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