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  • rameshvaid
    08-24 08:50 PM
    First improve your English!
    And then we will talk
    :)

    Peace pls..

    Maintain some decoram..We all are so called educated persons.. Are we really behaving as a normal human being..

    Mother Terressa once said" IF WE CAN NOT LOVE THE PERSON WHOM WE CAN SEE THEN HOW CAN WE LOVE GOD TO WHOM WE CAN NOT SEE"

    Peace pls..

    RV





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  • Robert Kumar
    11-08 07:46 AM
    Hi All,

    How will it work for anybody who is laid off with 485 pending.
    Have had H1B till now, with all paystubs. Priority date 2005(EB3), AP and EAD in hand. EAD expires middle of Next year.

    1. Will the employer withdraw 485.
    2. In that case how will future EADs and APs approved, as they are done based on pending 485.
    3. Is the employer needed to withdraw these petitions like 140, 485.
    4. If I join a new employer with EAD, then will they have to do my GC again from scratch, or should I just wait till dates become current. If so, then how will I get EAD extensions if 485 is withdrawn(let us say).

    I'm trying to find a H1B employer, but please let me know how to handle this.

    I know you guys are very busy this Monday morning, but please spend a minute for me, as I feel miserable.

    Thank you,
    Bobby.





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  • desi3933
    06-21 11:16 AM
    Where was this published? You have a link?

    You may want to consider using google to do some research yourself.





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  • GCisLottery
    04-25 10:26 AM
    Panel members of the just conculded Senate Judiciary Committee's hearing on Economic impact on Immigration

    Richard B. Freeman
    Professor of Economics, Harvard University
    Program Director of Labor Studies
    National Bureau of Economic Research
    Cambridge MA
    http://www.nber.org/~freeman/

    Dan Siciliano
    Executive Director
    Program in Law
    Economics and Business
    Stanford Law School
    Stanford, CA
    http://www.sinoedu.com/stanford-cg05.htm

    Barry R. Chiswick
    Professor of Economics
    University of Illinois at Chicago
    Chicago, IL
    http://tigger.uic.edu/~brchis/

    Harry J. Holzer
    Professor of Public Policy
    Georgetown University
    Washington, DC
    http://gppi.georgetown.edu/faculty/holzer.html



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  • snhn
    10-29 03:14 PM
    so how come some see a message that your card has been ordered for prductions, and some like myslef only see a mssage that we have approved this case.

    We received our EAD and no message as such, ordered for production was seen on the status website.





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  • h1bq
    02-07 07:50 PM
    As they said it is good to file for an extension while in USA. Trying to convince the POE is very risky after coming back and the extra expense and can have their visa canceled depending on the Officer and his mood.

    Other wise as a general thumb rule its 6 months in a year and that too not every year consistently.

    If they stay back after an extension and try to come back after another year or so it is likely they may be denied entry. With USA its best to take the worst case scenario and keep a good record.

    ofcourse if you dont want your inlaws to come back and then just have them overstay :)



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  • gc2
    08-26 09:21 PM
    Complete article at (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=71f24d6c52c99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Introduction
    Chairwoman Lofgren, Ranking Member King, Members of the Subcommittee, thank you for the opportunity to appear before you today to discuss the role of U.S. Citizenship and Immigration Services (USCIS) in the visa process, particularly USCIS and Department of State (DOS) efforts to maximize visa issuance in accordance with the law. I am accompanied today by Don Neufeld, Acting Associate Director for Domestic Operations.

    In recent years, over 1 million people became Lawful Permanent Residents of the United States (LPRs). Under the law there are a variety of different categories and means through which a person may become eligible for permanent residence. A substantial number of these categories have numerical limitations � annual caps on how many people can immigrate. There are other aspects to these caps as well, such as limitations per country.

    While there are many different categories and means by which a person may become a permanent resident, there are two ways a person is actually granted permanent residence. The first is by being issued an immigrant visa overseas from DOS, and then being admitted to the United States with that visa. The second is by being granted Adjustment of Status by USCIS or the Executive Office of Immigration Review (EOIR).[1] The adjustment option is limited to people already in the United States when they become eligible for an immigrant visa or otherwise become eligible for adjustment of status.

    The Department of State administers the provisions of the Immigration and Nationality Act (INA) that relate to the numerical limits on immigrant visa issuance. However, DOS and USCIS must work closely in this respect because visas issued by DOS and adjustment of status granted by USCIS draw down from the same pool of limited numbers. Close and careful coordination ensures that annual limitations are not exceeded, and also helps us jointly strive to use all available visa numbers when there is sufficient demand.

    According to the Office of Immigration Statistics March 2008 Annual Flow Report, a total of 1,052,415 persons became LPRs in 2007. The majority of the new permanent residents (59 percent) were already living in the United States when they adjusted status to permanent residence. Two-thirds of all new LPRs were granted permanent residence based on a qualifying family relationship with a U.S. citizen or LPR. The leading countries of birth for new permanent residents were Mexico (14 percent), China (7 percent), and the Philippines (7 percent).

    In concert with DOS, USCIS has made significant changes in recent years to maximize the use of the limited number of visas available annually. These changes include increased staffing, enhanced analytical capacity, more detailed and strategic management of monthly production, and close partnership with DOS to share greater information. This enhanced information exchange assists DOS in better managing visa allocations through the monthly visa bulletin and improves USCIS� ability to target production for maximum result.

    Background
    A Lawful Permanent Resident is an individual who has been granted permanent resident status in the United States. These residents are given Permanent Resident Cards, commonly called �green cards�, and may live and work permanently anywhere in the United States. They may own property, attend schools, join the U.S. military, and apply to become U.S. citizens.

    There are five general categories of persons able to immigrate to the United States. They are Immediate Relatives of a U.S. citizen, Family-sponsored immigrants, Employment-based immigrants, Diversity immigrants and those granted permanent residence after holding refugee or asylum status in the United States. Congress has established annual limits on the number of aliens who can become LPRs through the family sponsored, employment-based and diversity categories.

    The family-sponsored category consists of four preferences -

    * Unmarried sons and daughters of U.S. citizens and their children;
    * Spouses, children, and unmarried sons and daughters of permanent residents and their children;
    * Married sons and daughters of U.S. citizens and their spouses and children; and
    * Brothers and sisters of US citizens aged 21 and over, and their spouses and children.

    A U.S. citizen or LPR seeking to sponsor an alien on the basis of their family relationship will file a visa petition (Form I-130) with USCIS. Section 201 of the Immigration and Nationality Act (INA) sets a minimum annual family-sponsored preference limit of 226,000. In recent years, because of the large number of Immediate Relatives, the family-sponsored preference limit has remained at this statutory floor.

    Employment-based petitions are filed by U.S. companies, organizations and individuals in order to employee foreign workers in accordance with the INA. These workers may be nonimmigrants within the United States or people in other countries willing to immigrate for employment. A prospective employer will file an employment-based visa petition (Form I-140) with USCIS to sponsor the alien as an immigrant worker. The annual limit for employment-based visas is 140,000 plus any family-based preference visas that went unused in the prior fiscal year. In some recent years, such as 2005-07, the number of employment-based visas authorized and issued has been substantially higher than 140,000 because of the effect of �recapture� statutes. These visas may be issued to the immigrant worker and his or her spouse and children that are not already U.S. citizens or LPRs.

    Once USCIS is satisfied that the qualifying relationship exists and the I-130 or I-140 is approved, an individual may apply for a visa with DOS overseas or may apply to adjust status in the United States with USCIS or EOIR if a visa is immediately available.


    The following table indicates approvals for all adjustment of status applications over the past few years.

    Fiscal Year | Adjustment of Status Approvals | Percent of All Admissions

    2005 | 738,302 | 65.8%
    2006 | 819,248 | 64.7%
    2007 | 621,047 | 59.0%
    2008 to date | 340,432 | not known

    USCIS Operations

    By statute, an application for adjustment of status can only be filed if an immigrant visa is immediately available to the applicant. USCIS regulations define a visa to be immediately available if the priority date of the underlying visa petition is earlier than the cut-off date indicated for the appropriate visa category on the current DOS monthly visa bulletin. Because of these requirements, USCIS is unable to accept an application and begin the adjudication process in advance of visa availability. It is also unable to limit the number of applications accepted in a given month to the actual number of visas available. Rather, as many as qualify can file for adjustment of status during the window indicated on the visa bulletin. This can lead to a far greater number of applications than visas available. In such cases, USCIS adjudicates the application and grants interim benefits, such as work authorization and permission to travel (advance parole), until a visa number is available. Currently, the wait for some adjustment of status applicants in the employment categories can be measured in years.

    Over the past few years, USCIS has built up an inventory of applications for some visa categories that cannot now be adjudicated because the number of filings exceeded the number of visas that were actually available. It also has built up a backlog of applications for some visa categories where competing adjudication priorities have prevented the timely completion of cases, even though visas are immediately available.

    According to DOS, applicants for adjustment of status currently account for 25% of annual family-based visa allocations and 85% of annual employment-based visa allocations. This has varied from year to year as different factors have influenced USCIS production. For instance, the largest gaps in recent visa number usage occurred in Fiscal Year (FY) 2002 and 2003, which coincided with a significant drop in adjustment of status processing as USCIS adapted to changes to increase security screening post 9/11. Production rose in FY 2006 due to the culmination of backlog elimination efforts and the infusion of appropriated funds. While production slowed in FY 07 after completing the prior backlog reduction effort and subsequent temporary staffing reductions, production is up substantially in FY 2008. For the first half of FY 2008, increased productivity through operational and staffing enhancements has resulted in increased visa usage of 16.6% over the same period last year.

    USCIS has a fee structure and surge response plan that is financing the capacity enhancements needed to both eliminate the current adjustment of status backlog and to sustain a higher capacity for timely adjudications going forward.

    To maximize visa number usage while working off its backlog, USCIS has adopted a production strategy that focuses on completing cases where visas are immediately available and on working cases to the point just short of approval (pre-adjudication) where visas will be available in the coming months. Pre-adjudication includes completing all required background checks and resolving all eligibility issues except for visa availability. This allows for immediate approval and visa number allocation as visas become available for pre-adjudicated cases.





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  • bluekayal
    09-28 05:27 PM
    pmpforgc,

    My attorney says its my call if I want to do premium processing. She probably will not charge me 500. I work for a nonprofit and she charges me less than other clients. And yes my case is at TSC. Oh to be a debt-free- bluekayal!



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  • jadoo
    07-23 07:04 PM
    My company's lawyers are not responding to my emails because of the AOS backlog at their place. I do have a valid H1 that I can use to re enter US.

    Any recommendations for a lawyer who has experience and can help in this case?

    Thx





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  • immi_seeker
    09-28 09:37 AM
    Here is my case:
    7th year H1 extension expring Feb 2008
    I-140 approved in 2006
    485/EAD/AP notices received 2 week go.

    Now the questions are...

    1) What is the advantage of getting H1 extension(once I get the EAD) ? Is it worth ?



    2) What is the risk of changing employers after 180 days?


    3) What if I continue on H1(same employer) even after getting EAD and if 485 denied ?



    4) What if I change my employer and 485 denied ?



    5) If my 485 denied and Can I stay as long as my H1 expires(same employer) or has to leave the country immediately?


    Any answers or other suggestion would be greatly appreciated........

    1.Even if your 485 gets denied you will not be out of status
    2.As long as the job is of "similar" category as specified in your LC risk is minimal
    3.You have a chance to appeal for motion to reopen the 485
    4.No difference even if you work for same employer and 485 is denied
    5.Yes, you can stay till end of H1, because you have a valid legal status



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  • gimme_GC2006
    04-04 08:44 PM
    sorry to hear about you..

    but dont care about the dont care attitude of IO..it hardly matters...

    Now you make sure get the letter and give them as early as possible.

    Good luck :):)





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  • lost_in_migration
    05-24 05:10 PM
    Thanks for updating the poll

    Should be 3 options.


    1. Yes I will have to go back. No way for me to continue here anymore.

    2. I will not have to go back, but I will choose to go back because I am sick and tired of waiting.

    3. I will not have to go back and I am planning to wait few more years and see what happens.



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  • andy garcia
    07-27 05:08 PM
    Hi Andy,

    Thanks a lot for your quick super fast response :-).

    Actually yes, my H1-B stamped visa is still valid so I have no issue with that. However, here is where things get a little complicated :-).

    Now, H1-B/H4 stamped visas for wife and kid are expired, so they are planning to get new stamped using the 3 year extension while visiting mother land, they will have to put something like "AOS pending" in the visas application I guess. Do you know if consulate will ask for receipt notice of 485 to verify the received date when requesting the visa? or is I-129 alone enough knowing that is valid to pursuit GC while in H1-B.

    Thanks again,
    Carlos.

    To get H1B/H4 stamp all she need is to show the approved I-140 at the consulate. Remember H1B is dual-intent.





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  • optimystic
    03-27 03:05 PM
    ~~~ bump ~~~
    I think more ideas required. Sooner or later most of the IV members are likely to face this due to GC delays.

    1) Say simply "I have work permit and dont need any visa sponsoring" (No need to explain in detail that the work permit allows to work for any company in US etc...simply 'work permit' , and the reason to mention H1B is to divert their attention to another thing thats in your favour)
    2) If they ask what kind of work permit...tell them subtly they are not supposed to ask as per law.
    3) If they start to dig deeper, then you know that they intend to filter out EAD people.
    At that point, if you want to catch them in their act eventually and take them to task, you can lie and say you have green card.Especially to middlemen recruiters who are not going to do the eventual hiring anyway. But only lie orally and not in any written or electronic form. And be as subtle and vague as you can.

    If its a direct company trying to hire you, then tell them "I have all required docs and will provide at I-9". If they still insist on finding out about EAD.....I dont know if it will help to tell the truth and be left stranded with no response and no proof to take them to task....or get vindictive and to lie thru your teeth and gather as much proof as possible to arm yourself with to possibly complain when they reject you at hiring stage when they realise you have no GC.
    [when I say 'vindictive' its not in the negative sense of the word...]



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  • EkAurAaya
    09-18 04:12 PM
    this is a statement of fact and not a joke: they have what they called visa lottery, in which they allocate thousands of green cards to the undersubscribed country folks...i think the program is called "Diversity visa lottery"

    veny08 fact is there is green card lottery system
    -> and the joke is that they are drawing names from a hat in DC :D





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  • canmt
    12-12 09:55 AM
    Thanks for the speedy response....

    I have few questions hope you don'e mind...

    so if i am clear i need to send police clearence along with aplication. I need to get from indian as weel right along with US ..??

    Alos i am single now....how does it work if i want to add my wife to my form before/after approval...??

    Any idea how long whole thing miight take..i mean for apporval...

    Yes, you are required to send the FBI clearance along with your application. You do not need to get any police clearance from India.

    I know a friend of mine who got his PR in 8 months. He was a Phd though. Mine took 2+ years as I was slow in answering their queries; I took my own sweet time - lol.

    As explained earlier all you need to do is to send a fax explaining that your status changed for single to married to NYC Canadian Immigration Center. They will send you another application by mail with information on how to get your wife added to your application. You need to do the same thing for her; fill application, photo's, documentary evidence, FBI clearance etc,etc...

    The above is valid even after approval (If you are in the one year transition period, they will extend this period until your wife gets her visa). The pitfall is you might have to wait a little longer to get your wife application straightened out.

    If you already have a Canadian PR, you can sponsor a spouse visa and deal with the Immigration there on to get a PR for your wife… That’s a different route.



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  • pappu
    09-19 05:43 PM
    Pappu,
    Being MBA in Marketing I can assure you this is top notch Marketing execution
    This ad is:
    -concise
    -appealing
    -Hitting bulls eye
    -Creative
    -Very Professional
    Hats off to you guys ! I am short on words to describe what good all of you have done for us and for our forthcoming generations !

    Lets pray and word hard for future to hold good for all of us by Almighty's grace

    Thanks and congrats once again to all of you and each and every member who participated

    Best Regards,

    Thank you.

    If we all are committed to this cause, we can do more ads. Such ads cost a lot, but we Don't care now. Money is not an issue. Our IV members will help as as they have done in the past and this organization has now grown into a big force. We will continue to push and work harder and be successful.





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  • chanduv23
    09-16 12:00 PM
    I was banking on bringing my pregnant wife - but now she is doing her night floats in residency and unable to come - but rest assured - she and our little one is fully supportive of this.

    GDhiren - your yet to be born baby is THE BIGGEST HERO of all - A HERO/HEROINE before birth





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  • Munna Bhai
    01-09 04:11 PM
    Bump





    Phil Jayhan
    01-22 06:03 AM
    thanks upuaut!

    :)





    krishna.ahd
    02-07 03:35 PM
    my in-laws came back after eaxct 1 month, with no questions asked and additional 6-month stay. I would recommend that you file for extension of stay if they haven't left already. I have seen it work 100% of times unless you / in-laws have any past history that may negatively impact the decision.
    I opine for filing extension , i had done this successfully.



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