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  • punjabi
    08-13 11:12 AM
    I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.

    Unless there is already an active thread, we should not mind if someone opens a new thread!





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  • gc_chahiye
    07-12 11:59 AM
    you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.

    Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.

    If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.

    one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)





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  • wandmaker
    09-03 03:33 PM
    what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.

    Any pointers would be highly appreciated-

    thnx
    -A

    You loose your PD. BTW, please update your profile.





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  • balan2008
    07-07 04:53 PM
    friends,

    We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

    Thanks for your help.
    balan
    I485 Filed on July 2, 2007.



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  • Houstonguy
    05-26 04:41 PM
    The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...

    DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....

    Best wishes to those who are waiting...





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  • go_guy123
    01-11 09:47 AM
    The second part also sounds pretty reasonable to me:


    This PAV would be issued upon successful completion of an application process that would involve the following:

    1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
    2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
    3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
    4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
    5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.

    The Permanent Administrative Visa would carry with it the following authorizations:

    1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
    2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;

    The Permanent Administrative Visa would carry with it the following prohibitions:

    1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
    2. Holding an PAV would not imply any safe harbor for applicant's family members;
    3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
    4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.

    A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:

    1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
    2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.





    This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.



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  • gjoe
    03-10 06:15 AM
    Some of you have been receiving the USCIS response about your FOIA request.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX

    Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.





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  • Euclid
    02-11 02:11 PM
    Hi,

    My OPT was approved and I received the approval notice. But the card itself
    has been lost in mail. I have applied for a replacement card.

    I am aware of something called the "I-9 receipt rule" wherein the receipt for
    the replacement of a lost document can be used in place of the document itself
    for a period of 90 days.

    Does this apply to my case? In other words, can I use the receipt of the replacement
    request to work for upto 90 days?

    Thanks in advance!

    PS: I am aware that I cannot start working based on the approval notice itself.



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  • WeShallOvercome
    08-03 12:55 PM
    You are a jack ass


    What kind of a person would reply with "You are a jack ass" to some one saying

    "Apology accepted and now i ask you to contribute for DC rally.....will you do that?

    Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.

    I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
    "

    We all now know who is what !

    Peace and Am not visiting this thread anymore or any other started by the author of this one !





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  • immigrationmatters30
    07-26 02:06 PM
    I had the same problem.Surname has my full name and given name was.I got my H1B VISA stamped in June 2006 at Metamoris,Mexico.No problem.I had my name corrected in the new passport after my passport expired last year.


    Hi,
    I don't have surname in my Passport my full name is given in " Given Names".
    so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
    IS it ok ? or does it create any problems while I go for visa stamping/interview.
    If I cannot put NA then what do I put in Surname column on D-156 and D-157.
    Thanks



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  • jkmc
    02-16 11:02 AM
    not really, but close.

    i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.

    Hi Surge
    You should then consult a lawyer.





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  • srinivas_o
    01-08 10:16 AM
    Hello Gurus,

    I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
    My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
    documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.

    Thanks.
    Srinivas



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  • mambarg
    08-05 11:44 PM
    I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
    It does not need a attorney or spies. You just need to work up the numbers.
    I did this only for INDIA. Any chinese can complile it for China.



    MONTH EB2 EB3
    Aug 05 C 01APR01
    Sep 05 C U
    Oct 05 01NOV99 01JAN98
    Nov 05 01NOV99 01JAN98
    Dec 05 01JUL00 1-Jan-99
    Jan 06 01JAN01 01JUN99
    Feb 06 01AUG01 01JAN00
    Mar 06 01JAN02 01JAN01
    Apr 06 01JUL02 01FEB01
    May 06 01JAN03 01MAR01
    Jun 06 01JAN03 08APR01
    Jul 06 01JAN03 15APR01
    Aug 06 U 01APR01
    Sep 06 U 15APR01
    Oct 06 15JUN02 22-Apr-01
    Nov 06 01JAN03 APRIL01
    Dec 06 08JAN03
    Jan 07 Jan03 May01
    Feb 07 Jan03 May01
    Mar 07 Jan03 May01
    Apr 07 Jan03 May01
    May 07 Jan03 May01
    Jun 07 Apr04 Jun03
    Jul 07 C C
    Aug 07 U U
    Sep 07 Jan03 May01
    Oct 07 Jan03 May01
    Nov 07 Jul03 June02
    Dec 07 Jul03 Jun02
    Jan 08 Jan04 Jun02
    Feb 08 Jan04 Jun02

    Here is my analysis.

    Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
    Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
    Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
    For EB3, they like to get it stuck at mid year so Jun02.

    Guys, give a thought to this trend and see if you can guess more accurately.





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  • brb2
    04-06 07:59 AM
    Reid gambled in calling for a cloture. The reason it will fail is that they need 60 votes for cloture. Specter and John McCain would have supported cloture and passed their OWN bill if not for Durbin and Reid doing in your face type of stuff and putting off a lot of republicans.

    Now, if the cloture fails everyone is assuming that the Republicans can pass by a simple majority the new compromise.

    Well did anyone think of this - if the republicans are spiteful today after defeating cloture (which John McCain too said he will vote to do) then the democrats will not vote for cloture tomorrow!!

    Result: No legislation.

    The only way to overcome this is to flood democratic senators lines early tomorrow and after cloture today to ask them to support the "compromise" from republicans.



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  • wandmaker
    10-24 02:46 PM
    Some one left me this comment with disapproval :)

    http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298791#post298791)10-24-2008 10:56 AMYou donot know any thing
    http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298797#post298797)10-24-2008 10:15 AM.

    Whomsover it may be - I beleive, it is slow day (/ no work ) at work for you!





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  • rockstart
    01-08 12:27 PM
    this may help also :-

    Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)

    Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)

    Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)

    Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)

    Thanks patiently_waiting, These are really good links. I have posted these links to IV Wiki as well for future reference. Please add information to Wiki as it can be really useful to folks who are need this info. When you get an RFE you do not have luxory of time and all this info in one place really helps. Thanks once again



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  • logiclife
    03-18 02:21 PM
    H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)



    That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.

    Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.





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  • tulips
    05-24 03:02 PM
    Hi,
    My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
    Thanks!





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  • sgorla
    02-23 01:54 PM
    Thats right. It all depends on the state that H4 visa holder lives and intends to go to school; for instance State of Nevada does not allow H4 Visa holder to get in-state tution fee, however State of Ohio does allow in-state tution fee for H visa holders (includes H1 and H4).


    This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

    The status of I-140 application may be important. Out of state tution may depend on the state.





    psaxena
    06-22 04:04 PM
    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D





    insbaby
    07-17 11:01 AM
    I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/

    If you are holdng a Passport issued by other than SF Consulate:

    * If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier

    *If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.

    As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.

    If you are holdng a Passport issued by SF Consulate:
    Applying in person: Same day or latest by the next working day
    Applying by mail: 10 (ten) business days excluding the time taken in mail

    http://cgisf.org/misc/miscservices.html



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