Selasa, 05 Juli 2011

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  • msp1976
    02-01 11:55 AM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school …. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?


    H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
    F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
    So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....


    If you are paying out of your pocket, you can go to college on H4..
    Student loans are not available on H4...No financial aid of any kind would be available on H4...

    Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
    as long as you can pay....

    I know all this because I did the research when my wife started her college..Should finish this may..





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  • yabadaba
    07-24 02:15 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.





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  • rajeshalex
    07-13 06:57 PM
    Can IV use FOIA to
    1 get the visa numbers allocated by USCIS for the past one year ?
    2 pending 485 applns grouped by country/EB category/priority date?


    I think this will clear lot of speculations/and if needed we can do something regarding the visa number wastage/retrogression.

    Rajesh





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  • jsb
    08-17 11:25 AM
    hi everyone,
    I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.

    I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
    I recently got a master's degree in another field, and my current job can hire me in a different position.

    Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?

    Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.

    Thanks.

    If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD



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  • vegasbaby
    10-12 12:18 AM
    Wow. period.

    I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.

    We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.

    Here's the actual conversation.

    Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".

    Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"

    Officer1: "Sir, your documents"
    Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."

    Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."

    Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"

    Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"

    (They talk)

    Officer 1: "Are these valid?"
    Me: "Yes"
    Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
    Me: "F-1?"
    Officer 1: Name?
    Me: I tell him.

    He calls someone up, finds out, checks my status and returns my ID.

    And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".

    Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(

    Damn, I miss India now.



    I work at El centro, CA. Its right on the border with Mexico abt 30-40 miles I guess. Each time the immigration officer stops me w/o fail & checks for my papers. Law is I guess, if you are traveling from 40 miles of US border with Canada/Mexico, you need to carry immigration papers.





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  • diptam
    06-30 11:18 PM
    I did some googling for Boston - Looks like there is a single postoffice in whole of New england ( me,nh,vt,ma,ct,ri) which is open 24 hrs and accepts mail 24 hrs... Here is the address...


    US Post Office - Fort Point Station
    Neighborhood: South Boston

    25 Dorchester Ave
    Boston, MA 02228


    Pete S. writes: Ah, the lovely Fort Point Station, the public face of the massive General Mail Facility Boston that looms along the middle reaches of Fort Point Channel, and the only place I know in New England that you can conduct mail any time, day or night. That's right, this post office is open 24 hours. Need a postmark of that day at 11:30 at night? You got it. The 15-minute parking lot is a great way to drop someone off at South Station, to which this post office is connected by a hallway and outdoor walkway.


    It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.

    Just go to the USPS website and locate an office that is open on Sun.



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  • seeker999
    08-11 11:13 AM
    Are we concluding that we will not have any support from IV for EB3?

    Can we draft a letter to USCIS and push it through the founding fathers of IV?

    I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.





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  • tikka
    07-03 09:37 PM
    In all 400$ to date.


    so much for your contribution...



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  • clockwork
    08-07 12:06 AM
    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853

    Overall EB3 has got more numbers than EB2 in last 7 years for all and india specific grouping.

    Hi Sachug22,
    Some of the data you specified does not add up well. For example 2006 India, EB-total is 17,358 but 3,156+3,720+3,006 adds upto 9882.

    Any idea?

    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853


    Thanks





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  • pkv
    03-17 07:20 PM
    another thing...

    Can I send both of our (me and my wife) applications in the same package?
    I couldn't find this info anywhere, even in instructions pdf on uscis website.

    Thanks,
    P.



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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • Suva
    07-18 09:03 AM
    My packet was delivered at 9.01 AM on July 2nd.



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  • hsj
    05-27 09:14 PM
    Rofl :D

    these from cbp website:

    If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female u.s. Customs and border protection officer performs the search.

    If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.

    If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.





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  • actaccord
    02-16 11:57 AM
    has metro access. Baltimore has MARC but it won't be that frequent and cost effective.

    Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
    Thanks.



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  • coolmanasip
    03-07 11:54 AM
    Please read my scrap carefully.....I did say that you need a letter from the company stating that they will employ you on a full time permenant position upon receiving your green card!.....However, you do not need any other support like ability to pay, labor certifications, etc.





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  • addsf345
    12-10 03:31 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    stop crying, our real problem is unfair country quota & retrogression. Help IV fight for our common goals.

    I can't help but think about this story after reading your post.

    A fox, upon failing to find a way to reach grapes hanging high up on a vine, retreated and said: "The grapes are sour anyway!" The moral is stated as "It is easy to despise what you cannot get". ;)



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  • pmb76
    03-15 09:48 PM
    yup........i wish everyone who used substitute labor, or interfiled EB3 to EB2 should not get their green cards for about 10 more years. May they be screwed by their (mostly) desi (mostly) IT-Software employers.........they deserve every single bit of misfortune for F*$#ING up the chances for every honest EB filer, who patiently waits in the RIGHT queue.

    As far as i am concerned, such people can go to hell.........and i wish they do!!!

    :)


    I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.





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  • ingegarcia
    02-15 04:40 PM
    What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
    Anything published ? Just curiosity ( not questioning any current laws )..

    Agree and this is why they are trying to stop illegal immigration from latin american countries.

    BTW I am from latin america but I am not illegal :)





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  • deepakjain
    08-10 04:36 PM
    Dude,

    now a days predictions have become more like weather forecasting saying that past few years we had rains around this time hence forth it may rain. :p

    2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012. Do not ask the source of information it is more of stock market and weather forecast were in stocks falls and gains every 5th year and 6th of June is the first day of monsoon in mumbai....:D

    No point in giving stess to your grey cells, all are predictive cycle &, process





    GCOP
    07-11 02:07 PM
    How many applications are pending for EB-3 (I). ?
    Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.





    pmamp
    07-05 01:48 PM
    I think atleast the forums section should be made restricted to contributing members. I see many newcomers (both paying and freebies) come to this site and hoping to get a quick guidence on their immigration issue. They come here becasue they know a) they will get some answer quickly b) that answer will make sense and experinced users here who have gone through similar situation will share their insights.

    Those are major outcomes or results for not paying any dime.

    I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.

    If those members want to contribute more as many of us do then they are most welcome to do so.

    In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00

    Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).

    In short, I support this idea of having majority of forums under restricted umbrella.

    - PMAMP