Tuesday, June 14, 2011

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  • gc_chahiye
    07-19 01:55 AM
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html

    Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?

    There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.




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  • kk_123
    09-21 06:35 PM
    Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:

    1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?

    2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?

    3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.

    Kindly advise me.
    Thanks in advance.




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  • priderock
    05-02 12:46 AM
    Link : (http://judiciary.house.gov/media/pdfs/Kaplan070501.pdf)

    Very interesting read.




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  • mudigondag
    01-25 05:05 PM
    I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.

    Good Luck to your daughter.

    Thanks ksircar;
    Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
    Thanks
    Venu



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  • chanduv23
    09-19 01:01 AM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!

    And I was looking for you - actually I was on the stage - behind the speakers holding the flag

    I am partially visible in this shot behind Aman

    http://picasaweb.google.com/legalimmigrationvoice/ImmigrationVoiceSep18thDCRally/photo#5111711221748306082

    I was walking with MACACA all along the rally




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  • helpmeExperts
    02-14 04:36 PM
    If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.

    ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.

    only con is if something wrong happens to 485, we are screwed!!

    one more question very complicated -

    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    i dont see EB2 my PD becoming current for next 2-3 years

    any inputs are appreciated??



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  • ameerka_dream
    11-11 12:26 PM
    Report: Lou Dobbs employed illegal immigrants

    Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.

    But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.

    The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."

    The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)

    Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.

    Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)

    Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.

    Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.

    Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements

    Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)




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  • chanduv23
    06-12 04:30 PM
    This is my first post, so bear with me.

    I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.

    Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).

    It is called "two birds in one shot". Pre-adjudication and pre-rejection.

    And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.

    Preadjudication follows these guidlines
    (1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
    or
    (2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
    or
    Preadjudicate it and keep it ready for visa allocation.



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  • desi3933
    03-27 03:46 PM
    I talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage.....


    I can't imagine lawyer suggesting that. You should consider getting second professional opinion.

    One I-485 can be linked to more than one immigrant petitions. You will need a cover letter after I-130 approval and reference to existing I-485 application along with amendments to refer approved I-130 immigrant petition.



    ________________
    Not a legal advice.




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  • walking_dude
    11-21 12:04 PM
    Nooooooooo. That Turkey was "Amnestied". Some Anti-immigrant will be roasting it soon :)

    Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!



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  • vgayalu
    07-28 04:40 PM
    Test Message




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  • tdasara
    02-08 09:37 AM
    L1A - qualifies for EB1 but Indian companies very rarely do it.
    L1B - EB2/EB3 but again not many sponsor.



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  • willigetgc?
    01-03 11:53 AM
    There have been new enforcement policies at the federal and state level, mostly targeted at known criminals who are also in violation of immigration laws, but while the huffing and puffing over immigration in Congress and on Beacon Hill has been fierce, no legislation has resulted.

    The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.

    The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.

    Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.

    Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.

    Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.

    Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.

    What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.

    The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.

    Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)




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  • dvb123
    03-01 10:40 AM
    Response to this per country limit query by lawyers

    RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.

    RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.


    Can IV core do something? It will provide a relief to some people atleast.



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  • FixCIS
    01-24 12:51 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.

    Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.

    Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?




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  • Googler
    07-04 01:14 AM
    Saw this at (concurrent filing tracker)

    http://www..com/discuss/140_485/9614841/
    *********************
    I-140/I-485 case: Approved in 915 days (700 days more than average*)

    User: aarun Labor Filing Date: 02 Jun 2004
    Service Center: Nebraska Category: EB3
    USCIS Receipt Date: 29 Dec 2004 USCIS Notice Date: 11 Jan 2005
    I-140 Processing: regular I-140 Approval Date: 25 May 2005
    Fingerprinting Date 1: 10 Feb 2005 Fingerprinting Date 2: 15 Aug 2006
    RFE: no RFE Reply Date:
    I-485 Status: approved I-485 Approval Date: 02 Jul 2007
    Name Check Status: not sure Name Check Approval/Denial Date: N/A
    Card Ordered Date: 02 Jul 2007 Card Received Date:
    EAD Approval Date: 25 Sep 2006 AP Approval Date: 25 Sep 2006
    Nationality: India Last Updated: 02 Jul 2007 9:01pm PST
    *********************************

    BTW, this is not a typo, the user aarun clearly states in the reply to comments that these details are correct.

    Total anarchy!! How can this happen? EB3, June 2, 2004 was not current in June 2007!

    It struck me that all these years we have taken USCIS' word on the idea that they issue green cards by PD -- they don't release any statistics on greencards issued by PD and country, so we have no idea if they do this all the time, issue green cards any which way they like!

    I should add that I feel no animus against aarun, he/she is just like any one of us stuck in this lightless, informationless black box of a process, good that he/she got lucky. This incident is tremendously informative for the rest of us cos it tells us how logic free and lawless the process really is.



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  • solaris27
    05-22 09:29 AM
    yes u can do it




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  • PD_Dec2002
    07-05 04:32 PM
    From Mathhew Oh (http://www.immigration-law.com/):

    07/02/2007: To File or Not To File, That Is the Question!

    The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
    ---------------

    Thanks,
    Jayant




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  • cgs
    02-08 09:02 AM
    I think they(outsourcing companies) do and that's the abuse part of it.

    Sponsoring company should be a non-american company.
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.




    h1techSlave
    04-16 10:18 AM
    Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.

    I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.

    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008




    Dhundhun
    06-24 10:02 PM
    at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
    My question is
    1. if i send the I102 form how long will it take to get new I 94 card.

    2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.

    3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN

    Answers:
    1. It takes 2-3 months to get I-94 card after I-102 application.
    2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
    3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.



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