REQUIRE_GC
08-06 11:34 AM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Congrats!!!!!!!!!!!!!!!!!
Congrats!!!!!!!!!!!!!!!!!
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kosu
09-15 09:18 PM
After seeing your post I checked mine. On my 485 Receipt notice the section says: Adjustment as direct beneficiary of immigrant petition.
wei
04-18 01:18 PM
Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.
2011 Europe. Asia. Oceania
gcnotfiledyet
06-23 02:54 PM
White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
Still unlikely I would not take a word from Gibbs. He never knows anything.
Still unlikely I would not take a word from Gibbs. He never knows anything.
more...
buehler
06-03 09:57 AM
The link says all the majors considered as STEM. If you choose Browse by STEM discipline - those are the STEM disciplines..
Read carefully. It states that those are the occupations that might require a degree from those STEM Disciplines. For e.g. If you see under Life Sciences, it states that Farmers might require a degree in Life Sciences.
Read carefully. It states that those are the occupations that might require a degree from those STEM Disciplines. For e.g. If you see under Life Sciences, it states that Farmers might require a degree in Life Sciences.
shirish
02-23 01:21 PM
Can H4 dependent join college without changing his/her visa status to students visa.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
more...
kisana
04-10 12:13 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
Als one more thing "Which USCIS Office?" section which date I need to put there.
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copsmart
06-16 09:07 AM
bump!
more...
hebbar77
06-23 02:37 PM
White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
I thought this was obvious!
I thought this was obvious!
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BPforGC
06-23 04:12 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
more...
gc_buddy
03-07 04:55 PM
It took me about 95 days, from start to finish.
Can you please share which service center and the dates..
Can you please share which service center and the dates..
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nmdial
08-04 11:02 AM
am staying in US for d past 4 yrs ,have a H1 B visa. i want to invite my younger brother and mom for a ONE month visit to US.My mom has already got 10 yrs of visa as she visited dis place in 2008. My brother has just completed his engineering , is 21 yrs of age and has got placed in infosys.His joining date is in December, so would it be easy for him to get d visitors visa as even i want him to have some fun b4 starting off with his work life. Should he carry his offer letter with him and also would it b wise to book d ticket in advance and show them d return ticket as a proof just to tell them tat he will b back in a month and also would like to know the other questions which r expected. Please HELP.Looking forward to your replies
thanks in advance:)
I am in a similar boat as I want to invite my sister on a visitor visa for a month here. I think, any document that supports the fact that the visitor will return to India is always helpful.
thanks in advance:)
I am in a similar boat as I want to invite my sister on a visitor visa for a month here. I think, any document that supports the fact that the visitor will return to India is always helpful.
more...
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Munna Bhai
01-10 02:46 PM
I filed my I-140 and I-485 concurrently on July 6th, 2007
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
bump
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
bump
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Canuck
02-06 04:44 PM
I don't think an employer can force you to repay the green card costs if you leave them as soon as you get it. That is illegal and against the law to make a foreign national pay for the costs of green card sponsorship!
more...
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leonqiu
03-14 12:06 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
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pcs
07-08 09:57 AM
Post his name & nobody will hire him.
more...
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nk2006
05-03 08:01 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
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zephyrr
03-20 11:56 PM
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
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eb3_nepa
06-15 10:49 PM
Dude i think you have WAYYYY overestimated the processing times!!
don840
04-10 10:58 AM
bump
Sp�rL
05-10 08:55 AM
Yes i have Microsft Visual Studios C++ 2005 (i think its called that)
but i dont have any of the help files :( lol
but ill give looking at the coding of a precoded Win32 app a go.
otherwise more hard work to find things out. :(
peace out.
but i dont have any of the help files :( lol
but ill give looking at the coding of a precoded Win32 app a go.
otherwise more hard work to find things out. :(
peace out.
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