Wednesday, June 8, 2011

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  • 9years
    11-30 07:23 PM
    Hi,

    I was following this thread and it has good information.
    I have EB3 labor and I-140 approved with priority date March 2005. I couldn't file my I-485 in 2007.
    Recently thru same employer I filed EB2 labor which got approved in Sept 2010. I have filed my I-140 under regular processing. I asked my attorney and he said as I already have one I-140 approved I should file this one under regular processing. USCIS might reject premium processing. Any advice.
    My 6th year of H1-B is getting completed on Sept 2011.
    Please suggest should I file my I-140 under premium processing? Should I try to convert it???
    9 years and VayuMahesh any inputs... congratulations to u both for successful I-140 approval and porting....

    Thanks in advance...
    Hi GeetaRam,

    I have not heard any one saying, my I-140 denied because of premium processing (I am not advising anything). It depends on the situation of their own. Ask your attorney and company if you can convert to premium and listen to them what they are saying. Based on their comments and input you can decide. As I-140 has to be supported by company we have nothing much to do except to request them. I wish you best of luck.

    Regards.




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  • brav
    07-19 09:42 AM
    Just contributed $100

    I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.

    Google Order #831603791059224




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  • wanna_immigrate
    03-15 03:33 PM
    In the last 1 months, how mcuh time is it taking for just the labor to be cleared. Not the pre-labor work. Just labor.
    Thank you,.

    BTW you can check it out at

    Welcome to the iCERT Portal (http://icert.doleta.gov/)




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  • sameet
    02-19 11:27 AM
    I don't think anybody can predict EB-3 India as it is a lost cause (sorry for being pessimistic). The only way EB-3 India will see any meaningful progress is through legislation.

    I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?



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  • priti8888
    07-23 06:39 PM
    Same thing came in my mind too....
    it must be EB2 or a Schulde A nurse

    anyway it good to know that someone got GC...

    we are EB3 India---




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  • susie
    07-15 11:30 AM
    1 of 2 posts



    Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
    No Protection for Nonimmigrant Children Because of the Age-Out Problem

    The Impact US Immigration Laws on Children

    The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):

    * Improving the economy by providing access to skilled foreign workers and investors;
    * Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
    * Promoting diversity, such as through the lottery program; and
    * Maintaining the security of the nation, through border controls, immigration checks etc.

    This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.

    For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.

    Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.

    Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency

    US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:

    * Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
    * Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
    * Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
    * Religious workers through an R-1 visa.

    The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.

    At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).

    Jack, Mary and Sundeep

    Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.

    Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.

    Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.

    Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.

    Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.

    Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.

    Limited Solutions to Aging Out

    Adjustment to Permanent Residency Status

    The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.

    For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.

    Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.

    However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.



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  • vayumahesh
    02-04 08:35 AM
    For AllvNeedGcPc,

    Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.

    It does not hurt to send a interfiling request letter from your attorney. You can raise a Service request (via phone) if it is outside of normal processing time (30 days past after being current).

    :) Got greened on Jan 4th, 2011 (Refiled in EB2 and ported PD from EB3)




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  • hpandey
    03-04 01:41 PM
    I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.



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  • kevinkris
    07-15 03:08 PM
    Then add Immigration Voice as payee
    and give address

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372


    How do I contribute online - i would like to transfer one time payment for this tread to IV....

    Please advice how do I do online transfer?

    Good work guys...lets move on.

    M




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  • insbaby
    07-21 11:18 AM
    Well, if you do the direct calculations (eventhough it looks correct for most of us), it always results scary.

    But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.

    They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.

    One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.

    So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.

    Its a big administration issue to the agency to keep all the applications pending than us.

    So, no worries. There must be a solution ahead for us.



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  • Libra
    09-12 01:30 PM
    bump




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  • gcadream
    02-24 08:47 AM
    Dear Sakthisagar

    As you said that you applied for H1 extn in 2009 and got extended only for 1 yr instead of 3 yrs [as your I-140 was approved], this means that this yr if suppose you have to apply for H1 extn again that means again the employer has to pay around 4000$ for extn and your have to pay again around 500$ for H4 extn correct ?



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  • superdude
    08-02 07:29 PM
    It is better to wait till you get your receipt.
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.




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  • unseenguy
    02-08 05:33 AM
    If the girl is working and earning money, she has all the rights to spend the way she wants, including giving money to her parents. If she is not working, then help should be based only on humanitarian basis because we never know when one's financial situation changes. I can't understand how any girl can force her husband to spend for her parents and siblings especially when she is not earning.

    Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?



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  • yibornindia
    12-03 07:09 PM
    Gurus,

    I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.

    1. Will this immediately cancel my EAD? if so, I may have to resign.
    2. If I continue working while filling for MTR, will it be illegal?
    3. How much it costs to go thru' MTR process? How long it takes?

    I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?

    addsf345, did you get the answers? if yes, please share. Thanks much.:)




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  • lg72
    07-25 08:12 PM
    Here is a bit of background. BEC's have been using a web site named 'America's Job Bank' (AJB) for posting job listings for cases that have not been converted to RIR. Effective 31st July AJB site is being discontinued and a new site named 'America's Job Exchange' (AJE) will become its successor. BECs have already started using this new site. Here is how to check if your job is posted or not:
    1. Go to http://www.americasjobexchange.com/seeker/jobsearch/keyword
    2. In the keywords field, enter the first few characters of your ETA case number. If your case is in PBEC and has a ETA case number such as P-xxxxx-xxxxx, then you would enter either Pxx* or xxx*. Do not enter any hyphen character and do not forget the '*' character at the end.
    3. Choose 'National' radio button and click 'Search Now' button.
    4. You will find a bunch of listings under the company name 'Team Exceed'. This is probably the company to which BEC cases have been outsourced for adjudication.
    5. Play around with different combinations of letters of your ETA case number. You may also click on 'Team Exceed' link on the results page to see a complete list of jobs posted by BECs.

    Have fun

    fb
    Thanks so much, fairboy.

    I will try your steps...



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  • chanduv23
    09-16 07:04 PM
    Hi,

    1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.

    Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.

    Thanks for the contribution and for attending - your toddler is a hero




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  • lonedesi
    08-08 11:08 AM
    Its been close to 2-3 weeks since Ombudsman's office got to know about this issue. Inspite of them contacting TSC they still do not have a response yet. So now its time to send Ombudsman's office with completed Form 7001 so that they get to investigate your individual case and assist you. They are obligated by law to investigate and respond to your request. The more people send out those forms, the more important it becomes for them to address this issue on a priority basis. So please take the time to mail out the forms soon.




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  • belmontboy
    07-20 01:19 PM
    http://www.immigration.com/newsletter1/dolsta1207.pdf

    there were 144,000 PERM's done between oct 2006- march 2007

    india, china have retro for both EB2 and EB3
    mexico, philippines and bunch of other countries have retro for EB3

    PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application

    Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.




    hopefulgc
    03-04 09:06 PM
    noticed soft lud on my spouse's case .. dated feb 27th.. something is up ppl


    I checked the online status of our 485 application after long time..i totally lost hope on our 485 applications that USCIS ever bothered to work on them..but strange thing is i have noticed a soft LUD on my wifes case..this gives me some hope..:D




    sameet
    02-19 11:27 AM
    I don't think anybody can predict EB-3 India as it is a lost cause (sorry for being pessimistic). The only way EB-3 India will see any meaningful progress is through legislation.

    I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?



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