atlfp
04-26 08:35 AM
Nicely done
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gc28262
01-14 02:33 PM
H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.
Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-
(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then
(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
b) accounts for the temporary absences of alien
Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-
(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then
(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
b) accounts for the temporary absences of alien
amitga
05-26 03:04 PM
There are better chances for this bill to pass, since this is tied with the family immigration. We should put full energy to get this bill passed and start a funding campaign ASAP for this bill.
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gc28262
01-14 08:27 PM
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Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards.
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If we reapply under this section, we will be competing with the massive illegal-to-AOS guys based on our Receipt date for adjudication.
If we get recapture provision in this bill ( most likely ), that would be our best bet.
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Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards.
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If we reapply under this section, we will be competing with the massive illegal-to-AOS guys based on our Receipt date for adjudication.
If we get recapture provision in this bill ( most likely ), that would be our best bet.
more...

485Mbe4001
05-13 03:50 PM
EB migration was a added almost as an after thought to the family based immigration bill. Current or future considerations were not taken into account when they wrote the bill, the prime focus was (is and will be) the family based immigration as they get the most votes, they have the most 'heartbreaking' stories. I understand your point. I also dont want to argue about how USCIS distributes overflow. I have been dealt a hand i am dealing with it.
I do want to say that nothing will happen unless you make efforts to make it happen. We need to talk to the lawmakers about our problems. Half of them still think we are talking about H1 and launch into a spin about outsourcing. The H1 lobby has major companies backing them, anti immigration groups are flush with cash and are very vocal. Hispanic caucus is a big group. What about us, do we just keep discussing issues or try to educate people on our problems...if we dont we will stay a minority with no voice, simply pawns used and abused by others.
As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).
I do want to say that nothing will happen unless you make efforts to make it happen. We need to talk to the lawmakers about our problems. Half of them still think we are talking about H1 and launch into a spin about outsourcing. The H1 lobby has major companies backing them, anti immigration groups are flush with cash and are very vocal. Hispanic caucus is a big group. What about us, do we just keep discussing issues or try to educate people on our problems...if we dont we will stay a minority with no voice, simply pawns used and abused by others.
As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).
aadimanav
07-15 01:49 PM
aadimanav ..is this being debated now ?? I
I guess, that's what we want them to do through this campaign.
I guess, that's what we want them to do through this campaign.
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steveed
07-15 10:45 AM
I have printed the letters out and will be mailing them today to the 2 Senators and 13 Representatives from NJ.
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dummgelauft
03-18 12:43 PM
What are you talking about? Let me have two of whatever you are smoking or drinking.
You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:
You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:
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rick_rajvanshi
08-13 06:41 PM
According to June 12 2008 memo from USCIS FAQ :
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
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Student with no hopes
02-02 09:18 AM
Is it not possible to make the copy of the application when you have to sign it? Will the alien # not be there on the application?
Forgive me for my ignorance..
Forgive me for my ignorance..
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ksrk
01-16 05:33 PM
Your case is eligible the chances are high that you'll get it, if dates remain current. And as folks have mentioned, 180 days rule applies. Your infopass will tell you clearly what's happening to your NC but that is immaterial.
I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.
Yeah, the official rule was clearly communicated (to us) about the 180 days since I-485 filing (if it was pending for 180 days...).
But that rule wasn't followed at the end of FY2008 (Aug/Sept 2008).
In fact, some customer service reps even mentioned something to the effect of this law would be enforced only from Feb.2009 or something to that effect.
That is part of the concern with new fingerprinting once the 15-months expire and you have go through the FP/NC process all over again.
I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.
Yeah, the official rule was clearly communicated (to us) about the 180 days since I-485 filing (if it was pending for 180 days...).
But that rule wasn't followed at the end of FY2008 (Aug/Sept 2008).
In fact, some customer service reps even mentioned something to the effect of this law would be enforced only from Feb.2009 or something to that effect.
That is part of the concern with new fingerprinting once the 15-months expire and you have go through the FP/NC process all over again.
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hpandey
05-02 11:17 AM
Two of my friends relocated to India since the beginning of this year after spending 8-9 years and they had green cards too from 2004.
These guys had good jobs with a good pay but options in India were just much better to ignore.
Just food for thought for people who think that only in US can we make or break our life and careers. There are other places on Earth too where people live and be happy.
These guys had good jobs with a good pay but options in India were just much better to ignore.
Just food for thought for people who think that only in US can we make or break our life and careers. There are other places on Earth too where people live and be happy.
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ivslave
09-11 04:18 PM
I understand.... but you know how one thinks..... when you are deciding something... you look around.... ask around.....
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rimzhim
02-07 01:50 PM
I got EB2 140 approval (I have BS + 5 years of experience)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
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hmehta
08-15 09:57 AM
I would stay at least 6 months with employer after getting a GC, unless ofcourse demanded by circumstances!
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
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vinodmp
02-10 11:04 AM
Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
more...
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apnair2002
04-11 06:04 PM
>>>>>>>
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reddog
02-23 12:23 AM
“All my life, I had the option to choose between hate and love. I chose love. And that is why I am here today.”
AR Rahman after winning his 2nd Oscar on Feb 22, 2009.
That truly is the thought of an average indian, outside India.
AR Rahman after winning his 2nd Oscar on Feb 22, 2009.
That truly is the thought of an average indian, outside India.
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at0474
03-21 04:28 PM
"1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)"
--I put USA.
"2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)"
--Did not write anything.
"My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ? "
--That's about it. Doesn't need anything else. If she is not getting her visa stamped and planning on returning on AP, she should just give AP to the officer and say that she is seeking entry on AP. Officer would direct her for secondary process where she will get her AP/i-94 stamped.
I guess you gave a copy of your documents to your wife. Even if you did not, you shouldn't worry much. She should be ok.
--I put USA.
"2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)"
--Did not write anything.
"My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ? "
--That's about it. Doesn't need anything else. If she is not getting her visa stamped and planning on returning on AP, she should just give AP to the officer and say that she is seeking entry on AP. Officer would direct her for secondary process where she will get her AP/i-94 stamped.
I guess you gave a copy of your documents to your wife. Even if you did not, you shouldn't worry much. She should be ok.
vinodp1978
06-28 01:47 PM
Thanks .wellwishergc
apt7
05-24 01:51 PM
If such a bill is implemented we all should knock the doors of judiciary department. Each is department is independent of itself.
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.