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  • ksiddaba
    07-05 12:11 AM
    Reversal Frustrates
    Green-Card Applicants
    By MIRIAM JORDAN
    July 5, 2007; Page A2

    The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.

    Write to Miriam Jordan at miriam.jordan@wsj.com





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  • theMan
    03-09 02:55 PM
    I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.

    Thanks In advance

    I am not sure if they do police verification, even for renewals. If that is the case, there is potential for delay.
    I think, renewing in the US is a fairly simple process and in most cases be accomplished in 3 weeks. There is a separate question that asks for your Indian address, so that should not pose a problem.





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  • alethos
    01-03 11:46 AM
    Originally posted by Kitiara
    Grrr... Watch what you say young man. I'm packing trout here... :evil:

    First off, young man? I may sound twelve, but I'm almost 14 and a half!!!

    Second, I have a skillet lined with butter all set for a fresh trout. Now, where'd I put that lemon wedge and the spices? Would you be so kind as to clean and gut that beauty of a trout you have? I'll preheat the skillet...

    -Al





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  • eager_immi
    01-25 12:46 PM
    Thanks for your support, Please ask a core member i would think "pappu" would be the best.
    Thanks

    Why don't we just voluntarily mention the amount that we contributed in our signatures ? Since contributions are voluntary, so should be the option of disclosing information on it. When many contributing members start furnishing their contribtion information voluntarily, it becomes the "fashion" and others will follow suit, as no one wants to look like a free-rider.

    As for the veracity of the information, we got to trust each other on that and follow an audit policy- I assume the core members/ administrators have the ability to cross-check the contribution information if someone looks suspicious. Anyone caught furnishing false information can be blacklisted. Such a policy minimises the work of the core team, without being overly intrusive.



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  • pvenkat
    06-07 06:23 PM
    I live in Chicago Suburbs.... replying to register myself

    Venkat





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  • nixstor
    01-22 04:08 PM
    Andy,

    Thanks for the pointer on the 539 processing.

    Does the H4 approval need to be in hand if my wife were to change her status to H1? (or) Is there an option in I 129 where she can refer to the pending I 539.



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  • nchendica
    09-25 01:16 PM
    I don't know how much time you took to complete AMIE.
    Longer is better in this case.
    I finished my AMIE in three years and I am in trouble.
    If you took four or more, then you are lucky.
    May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
    That helps to support AMIE is a four years degree.

    Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
    If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.

    My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
    Once the I-140 is rejected, then it is a bad remark.
    All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.

    It is always better to go for EB3 new labor as you have some time.

    Thanks and all the best.



    Here are the details of my case:

    Hi All �

    Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.

    My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).

    In my labor it�s clearly stated that the bachelor equivalent is needed.

    Labor Priority date: 5/10/2007

    8/7/2007 I-140 petition filed for EB2.
    8/7/2007 Adjustment of Status applications filed.
    8/7/2007 EAD application filed.
    8/7/2007 Advance Parole application filed.


    9/25/2007 USCIS Receipt Notice received.

    10/23/2007 EAD approved and valid till Oct 2008.

    6/20/2008 EAD renewal application filed.

    Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.

    In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.

    7/1/2008 RFE Submitted

    08/28/2008 I-140 / I-485 got denied

    I still have valid H1.

    I-94 Expiration: 4/10/2009
    Estimated Final I-94 Expiration: 11/25/2011

    My questions are �

    Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?

    How do I convince my attorney that we should go ahead and file the MTR.

    Please help!!!

    Thanks





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  • vet282000
    04-21 12:17 PM
    It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
    thanx for your reply. However I am afraid you misunderstood pharmacy, medicine, vet med PhDS with practice professionals PharmD, MD,DVM.The people who made the list of STEM have ignored the fact that Research is highly interdisciplinary. This is unfair for many researchers in biology who should be in the STEM majors but they are not in just because of technical/clerical reasons. I request you all to take a look at this anomaly.
    Thanks



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  • vnsriv
    11-19 12:51 PM
    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs

    Congrats ! Party time !





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  • fide_champ
    10-15 09:35 AM
    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    Do not give up your green card. You must explore all options before doing that. Your best chance will be to get her here on a F-1 visa. If she is qualified, H1-B is appropriate but these days it's not easy to get H1-B. As far as i know, once your green card is approved you may not be able to add your spouse. Anyways, it would be best to consult an attorney like murthy and if possible use their services. They know the rules and most probably USCIS knows murthy too.



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  • retropain
    08-31 10:27 AM
    100% of the calls to today's program were from anti-H1B people. Not 1 call supported the H1Bs. If corporates are supporting more GCs for us, and since the fate of H1B/Employment GCs is linked, we ought to support H1B legislation.


    How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
    here...

    Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com





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  • vicks_don
    05-24 12:29 PM
    sent fax



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  • walking_dude
    11-19 11:53 AM
    Congrats to Goan2005.

    For a lot of others it's a long wait. Unless you used substitution labor to jump the line, increasing the Visa numbers, elimination of country quotas is your only hope. IV is the only organization/movement working for it.

    Be part of the movement to get those LUDs in your case. Real status is - 'Case Approved'. Rest all are passe. Work for the real thing.





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  • LostInGCProcess
    09-16 05:59 PM
    The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
    if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.

    All these are correct. But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation". So, its a serious charge. And if its on the company's side that put any bogus documentation then he is fine...but if its on his wife's documentation then he ought to be worried cause it may/may not(only an attorney can answer) affects his I-484 case...his credibility is at stake now.

    TV25, Ron Gotcher is a good attorney and this is his web site http://www.imminfo.com/...I don't know him personally but, he is an American and he replies to most of the queries in his forum, and with very good explanation. Ask him...that's my suggestion...



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  • greencardfever
    02-17 07:43 PM
    Thanks for your reply. My main question is, if I do the H1B transfer (to a company other than the one that filed my labor, 140, 485), who has to submit the application for my spouse's 485 (when the priority date becomes current), my new employer or the old one that originally filed my 485?

    Thanks.





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  • greencardfever
    02-17 12:43 PM
    Hi,

    I'm a bachelor and applied for 485 in July '07. I got my EAD, AP, FP etc. I'm using my H1B visa to work (not my EAD).

    I'm currently working for Company X that filed by 485. If I do an H1B transfer and work full time for my client, Company Y, then after getting married and my priority date becoming current, who has to file my spouse's 485 - Company X, Company Y or can I go to any independent lawyer that is not working for Company X or Y?

    Is the 485 application linked to the company that filed my labor and 140?

    Please let me know.

    Thanks,
    greencardfever



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  • sankap
    08-24 12:55 PM
    Can someone answer this? If you get your EAD before six months of filing, do you still have to wait 6 months to benefit from AC21? Or, can you change employers immediately after you get EAD, without waiting 6 months?





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  • bindas74
    05-15 08:32 AM
    Hi Gurus,

    I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:

    "The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."

    How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
    How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
    Please advise.

    Also, during the AP filing, I got this:

    "On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "

    What an I supposed write in the document that I am going to send to USCIS?

    Please advise.

    Thanks in advance,

    HI Gurus,
    Please someone answer..





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  • Alabaman
    05-26 07:45 PM
    AILAs take

    Immigration In Conference

    There are the three possible scenarios now that S.2611
    has been handed to the House:

    (1) the House does not name the conferees, hence no conference report and immigration reform dies this Fiscal year;

    (2) the House names conferees and goes into a contentious conference, resulting in no conference report and immigration reform dies this Fiscal year;

    (3) the House produces a conference report, immigration reform legislation is passed.

    If immigration reform fails in conference, a statute could still ensue. There is still opportunity for a Republican vision of immigration reform, i.e. emphasis on enforcement, to be enacted, if House Republicans choose to attach such legislation with the appropriations bill during budget reconciliation. Stay tuned.





    HypEss9
    08-30 10:30 AM
    If I have an advance parole valid till 01 Januray 2011 (for example) and I want to come back from India on 20 January 2011. I have applied a new advance parole for this journey. But if I will apply transit visa of UK and submit the AP that is valid till 01 Jan 2011 (as I will receive a new AP after 90 days of filing) what will be the validity of transit visa? Will it be 6 months or will it be last date on my AP? What I need to do while travelling back if validity of transit visa is based on current AP and not on renewed AP? Please suggest. Thanks.





    vejella
    07-13 10:25 AM
    I feel they will be releasing Bulletin after 3 PM EST.....



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