الجمعة، 17 يونيو 2011

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  • gc_chahiye
    10-09 04:22 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

    ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]

    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.

    Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
    A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
    USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July




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  • dontcareanymore
    08-24 11:39 AM
    you have rights to ask the above items. But it can not be done thru uscis.

    You should hire a good lawer and proceed thru court.

    Good luck.

    Ps: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.

    :)




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  • BadDeal
    05-22 03:35 PM
    It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

    I have started the following thread

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

    Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

    I am fine with any of the above.

    We can continue with the current thread.. Can you please prefix "Tracker:" to the thread's title.

    Thanks!




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  • sujan_vatrapu
    10-11 02:31 PM
    until the economy improves, i am not too optimistic that something will happen in lame duck session if repubs win any of WVA, Illinois or Delaware senate seats, the terms of these senators expire immediately after election and repubs have more than fair shot at WVA and Illinois, i just want to pitch the little i know before making assumptions, please don't start posting -ve comments and post something that might help others on this topic,



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  • SunnySurya
    07-17 12:44 PM
    Any Idea, why the processing times have not been released yet?




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  • bkarnik
    11-09 09:23 AM
    Are you advertising your Law Office on the message board...????

    A number of members have reported this and other posts as advertisements. However, since the post does not contain any mention of the law firm or its details and is related to immigration issues, the posts will be allowed to remain. In fact, if bzuccaro is indeed a lawyer, then I (in my personal capacity) thank him for taking the time to post informative and educational updates on this forum as long as he does not use the forum to advertise his firm. Members are, of course, more than welcome to contact bzuccaro individually if they wish to talk with him one-to-one. But IV is in no way recommending this lawyer or liable for any issues or disputes arising if members were to establish an attorney-client relationship with bzuccaro or his firm.



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  • GCSeekerCT
    08-22 07:35 AM
    Again, I thank the community here for being supportive and hearing me out.

    After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.

    What are a few months in the game where I have waited this long ?

    Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)

    If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.

    Thanks much




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  • Eveready
    07-09 09:28 PM
    :confused: My wife has been on H1B for about 3 years and may have to go on H4 (on my H1B) for some time since we changed location and she is not getting a job immediately. Now when she does get a job which confirms to her existing workpermit type (teacher in this case) does she have to apply for a new H1B and wait for OCT2007 for it to happen or can she get one any time.



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  • pellucid
    04-05 03:31 PM
    America embraces foreign-born ballplayers, but not engineers, much to the
    dismay of big business, says Fortune's Marc Gunther.

    By Marc Gunther, Fortune senior writer

    NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
    without such foreign-born stars as Albert Pujols, David Ortiz, Justin
    Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
    mysterious "gyroball."

    It wouldn't be as much fun, would it? Fans want to see the most skilled
    players compete - immigrants and Americans.

    So why is it that people don't want skilled immigrants to compete for jobs
    in the multibillion-dollar technology industry?

    They view these immigrants as a threat. CNN anchor Lou Dobbs argues
    permitting more educated, foreign-born engineers, scientists and teachers
    into the country would force many qualified American workers out of the job
    market.

    That may be true in baseball, where the number of jobs on big league rosters
    is fixed. That's not necessarily so in technology, where people with skills
    and ambition help expand job opportunities. Immigrants helped start Sun
    Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
    Charts). Would America be better off if they'd stayed home?

    "This is not about filling jobs that would go to Americans," says Robert
    Hoffman, an Oracle (Charts) vice president and co-chair of a business
    coalition called Compete America, which favors allowing more skilled workers
    into the United States. "This is important to create jobs. It's not a zero
    sum game."

    This week, as it happens, is not just opening week of the baseball season.
    It's the week when employers rush to apply for the limited number of visas,
    called H-1B visas, that became available on April 1 to allow them to
    temporarily hire educated, foreign-born workers. This year, Congress has
    allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
    students who earn advanced degrees from U.S. universities. After obtaining
    guest-worker visas, employees can then seek green cards that allow them to
    stay in the United States

    FedEx and UPS did a brisk business last weekend because the visas are
    awarded on a first-come, first-served basis. The first 65,000 are already
    gone. The 20,000 earmarked for graduates of U.S. universities will be
    distributed in a month or two, experts say.

    This makes it very hard for companies to hire foreign-born graduates of the
    U.S.'s top schools. More than half the graduate students in science and
    engineering at U.S. universities were born overseas.

    "It's sending a signal to the best international students that they may not
    want to make their career in the United States," says Stuart Anderson,
    executive director of the National Foundation for American Policy, a
    research group. (Anderson, an immigration specialist, also wrote a study of
    baseball and immigration that's available here as a PDF file.)

    Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
    Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
    the importance of overhauling our high-skilled immigration system....
    Unfortunately, our immigration policies are driving away the world's best
    and brightest precisely when we need them most."

    CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
    American workers right out of the job market," he fretted on the air after
    Gates testified. "There's something wrong when a man as smart as Bill Gates
    advances an elitist agenda, without regard to the impact that he's having on
    working men and women in this country."

    It's not just Dobbs. Internet bulletin boards and blogs are filled with
    complaints about foreign-born engineers. The U.S. branch of the Institute of
    Electrical and Electronics Engineers, the leading society of engineers,
    brought about 60 engineers to Washington last month to ask for reforms to
    the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
    an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
    designed to crack down on companies that use the guest worker program to
    displace Americans from jobs.

    As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas.

    In a paper for the Economic Policy Institute, Hira says that expanding H-1B
    visas without improving controls will "lead to more offshore outsourcing of
    jobs, displacement of American technology workers (and) decreased wages and
    job opportunities" for Americans. He told me: "Bill Gates talks about how
    you are shutting out $100,000-a-year software engineers. But if you look at
    the median wage for new H1-B workers, it's closer to $50,000."

    Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
    said the average salary for Microsoft's H1-B workers is more than $109,000,
    and that the company spends another $10,000 to $15,000 per worker applying
    for the visas and helping workers apply for green cards. "We only hire
    people who we want to have on our team for the long run," he said.

    It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
    and other members of the Compete America coalition - do not use the guest
    worker program to hire cheap labor. They just want to hire the best
    engineers, many of whom are foreign born.

    So what to do? Everyone seems to agree that the H1-B program needs fixing. (
    Even Hira, the critic, says the United States should absorb more high-
    skilled immigrants.) Whether Congress can fix it is questionable. The guest-
    worker program is tied up in the debate over broader immigration reforms.

    But guess what? Just last year, Congress passed the Compete Act of 2006,
    which stands (sort of) for "Creating Opportunities for Minor League
    Professions, Entertainers and Teams through Legal Entry." Yes, that law made
    it easier for baseball teams to get visas for foreign-born minor league
    players.

    If the government can fix the problem for baseball, surely it can do so for
    technology, too.




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  • gcformeornot
    07-26 03:43 PM
    I think there is no truth to this. Can anyone point to a link to verify?



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  • addsf345
    11-13 03:12 PM
    Is tehre is any way for PREMIUM PROCESSING for I485 pending case?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:

    do a Ph.D. to qualify for EB-1; ask your employer to look in to EB-5 category if he is willing to invest some amount for you;marry a spouse not born in india, china, mexico, philipines or marry a spouse born in US. I don't know any other way.:D:D




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  • sixburgh
    06-28 03:44 PM
    I am one of the July 2007 485 filer.
    Me and wife have EAD's which we are using right now on I-9's to work.

    I have an expired H1 stamp on passport.
    Wife too has expired H4 stamp on passport.
    I have a valid h1b approval notice until 5/31/2013
    Wife too has a valid h4 approval notice until 5/31/2013

    I have an AP which is valid for 1 year from today.

    I want to visit India for a marriage.

    Questions I have:
    - While exiting USA, do they take my I-94 ?
    - While coming back, if I show my AP, does my H1 status cancels out?
    - Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
    - Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
    - Entering back on h1, will keep my wife's H4 valid too.

    So question is should I enter back on H1 or AP?



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  • Robert Kumar
    01-03 10:46 AM
    Hello,

    Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

    Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

    Thanks for information.
    So are you saying, the employer need not pay me, while I'm full time in school.
    1. How does it effect H1B status.
    2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
    3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.




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  • j-square
    07-04 10:50 PM
    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?

    Not April VB. To file in May, PD should be current as per May VB (which came out in mid April). On May VB, EB3 ROW was 01AUG03. This case's PD is July 11 2003, so went through.



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  • jthomas
    06-09 12:49 PM
    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas




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  • srikondoji
    07-02 03:07 PM
    One question that comes to my mind regarding contributing for the lawsuit is...

    Should i contribute to IV or to my lawyers firm. I believe both ways the funds are going to end up with AILF. Or shud i do part contribution to both these orgs?
    I need some answers.
    The only way out for me is to contribute and nowhere else to go.
    CIR is shut and July has turned back on me.

    The only window i can see is through IV now. The sooner we all realize the better for us.



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  • acecupid
    08-19 09:38 PM
    If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...

    I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.




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  • gopi246
    03-23 06:49 PM
    At last I am able to get to the root of the issue. I went to Logan airport and spoke to Immigartion dept people. They have seperate cell called differed inspection for these kind of clarifications.
    When I explained the situation they found that the i-94 number in their system is not matching with that of mine. So when SSA is searching the database they were not getting any details. They have issued a new i-94 card to me and asked me to re-submit the request to SSA. Hopefully they will be able to get it this time.

    If any one faces similar problems, they may contact immigation dept of Logan at #617-568-1810 option 0 and ask for differed inspections.

    Thanks for all your suggestions, have wonderful time:)




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  • gcformeornot
    01-02 10:53 AM
    Please vote.




    srsrsr
    07-19 08:17 PM
    Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj




    sc3
    08-09 02:42 PM
    Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.

    Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.



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