Wednesday, June 8, 2011

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  • jackisback
    06-03 12:17 PM
    Anyone used this to inform CIS of their AC-21 case since it was announced?
    Any experiences??? I had sent this to my attorney for his inputs but got no response





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  • styrum
    01-23 11:47 AM
    Thank you for contacting me regarding the immigration debate in the
    U.S. Senate. It was good to hear from you.

    As you know, in the 109th Congress, the Senate considered changes to
    immigration law. These efforts would affect more than just undocumented
    workers here in the United States � it would affect every American in
    one way or another.

    I supported the bipartisan Comprehensive Immigration Reform Act of
    2006, S. 2611, when it was considered in the Senate during the 109th
    Congress. This bill would have provided many new provisions for border
    security and enforcement and to address legal and illegal immigration. The
    legislation would have provided funding to reinforce hundreds of miles
    of existing border fences and establish a �virtual fence� comprised
    of cameras, sensors, automated aerial surveillance tools, and other
    security measures. The bill would also have authorized funding for
    additional Customs and Border Patrol agents to assist with security efforts,
    and required employers to have a system to verify the required
    documentation from potential workers. S. 2611 would have increased the number
    of visas for high-skilled workers, including those who have earned an
    advanced degree. Finally, the bill would not have allowed for amnesty,
    but it would have provided a meaningful way to address the legal status
    of undocumented workers who currently live in our country.

    Under the Senate proposal, undocumented workers could have earned legal
    status after completing all the requirements to begin to adjust their
    legal status. These requirements include filing an application, payment
    of all fines, fees, and back federal income taxes, and providing proof
    of being physically present in the United States and being employed for
    five years prior to the bill�s enactment. Undocumented workers must
    then continue to show proof of employment and being present for at
    least six years after the bill would have gone into effect. Individuals
    must also demonstrate basic citizenship skills, pass security and law
    enforcement requirements, and complete Selective Service registration
    requirements.

    As you may know, the comprehensive immigration bill passed the Senate
    on a bipartisan vote with the support of the White House. The House of
    Representatives passed another version of immigration reform that
    emphasized enforcement only. Instead of meeting in conference to negotiate
    differences in the respective bills, the House held a series of public
    hearings around the country, and refused to meet with Senate
    negotiators, and the 109th Congress ended without this issue being addressed.

    I believe that we need a comprehensive approach to immigration reform.
    Enforcement is important, and securing our borders is important. But
    if we focus only on enforcement and border security, then we will only
    have addressed part of the problem. Many of the current proposals are
    unworkable and would ultimately cause more harm to our economy and our
    country. Our immigration policy should also provide positive change for
    the future of our country. We should make sure our actions reflect our
    security, our economy, and the opportunity that America has offered for
    generations of immigrants.

    As we move forward to the 110th Congress, please know that I will keep
    your thoughts in mind as Congress begins to work on immigration reform.
    If you would like to know more about my work in the Senate, please
    visit my website at http://murray.senate.gov/updates/.

    Again, thank you for taking the time to share your thoughts with me.
    Please keep in touch.

    Sincerely,


    Patty Murray
    United States Senator





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  • theoyilma
    09-10 03:03 PM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo





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  • supender
    09-21 03:16 PM
    I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.

    One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.



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  • map_boiler
    06-28 10:57 PM
    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?
    NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
    You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this

    I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.





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  • nuke
    07-29 11:39 AM
    How do I start a new thread?



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  • mayurcreation
    02-25 12:03 PM
    I brought toyota camry from a dealer in NY state last year feb/2010 on (toyota) finance, the dealer only asked me for my driver lience and ssn. he took copy of driver licence and ssn. nothing ask or talk about my immigration status etc, etc...

    looking at me my friend (working with me) brought brand new toyota camry same month feb/2010 from PA dealer with 0% apr for 5 yrs. he also shown and given photo copy his driver licence and ssn.

    myself and my friend both are on h1b visa.

    this could be possibly happen because of private financing (toyota finance) not bank...





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  • pappu
    01-24 04:29 PM
    Is your lawyer your lawyer or company's lawyer?

    You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.



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  • indianabacklog
    02-13 08:30 AM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.


    You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.





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  • 485Mbe4001
    04-30 12:28 PM
    ... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:


    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    http://immigrationvoice.org/forum/showthread.php?t=3900&page=49



    :confused:
    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.


    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)



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  • Junky
    09-10 08:05 AM
    You are late my friend:D, ppl have already started 3 seperate thread on this.

    http://mumbai.usconsulate.gov/cut_off_dates.html

    :mad:
    :mad:
    :mad:





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  • jambapamba
    08-03 07:34 PM
    Hi experts,

    Can someone help me in this regards. Awaiting eagerly for ur expert comments.


    Regards

    Now I see why you keep asking the same question...you started the thread.

    Ok, here you go...
    1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
    2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).



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  • Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?

    No.

    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically
    approved?

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.


    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
    investor?

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.




    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)





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  • pamposh
    09-15 11:54 AM
    Folks there are two threads on the forum that are targeting the similar objective.
    Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action. Please RSVP
    http://immigrationvoice.org/forum/showthread.php?t=21340
    and
    http://immigrationvoice.org/forum/showthread.php?t=21453

    This meeting is online and is for an hour.

    There is one more thread driving a similar initiative.
    http://immigrationvoice.org/forum/showthread.php?t=21493

    Why not get all of these threads and people together working on one target.



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  • gcmaya
    10-30 08:46 AM
    Hi all

    When I checked my email on Saturday I got 10 emails from USCIS.
    5 of them for my 485, 5 of them for EAD I applied in 2004.

    My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)

    Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
    On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

    I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.


    I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.


    Any one got similar emails......
    __________________
    Thanks





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  • belmontboy
    11-18 06:20 PM
    It�s been long since I got head ache..but today I had every reason to get.

    I tried taking an appointment for h1B for December. Here is my experience�

    1. After entering the receipt details it took me to available dates calendar. In this screen there was no option to pick an specific date for appointment. This screen was same as the screen we get when we check for available date without entering receipt number.
    2. I pressed �Continue� and it later took me to DS156.
    3. Filled the form and it took me to screen which displayed my name against a check box with 3 option. The screen says..�select the form to edit/complete..� 3 options I can see are DS156,DS157 and petition details. No matter how many times I edit the information I can�t get the choice to pick the appointment date. Basically I have filled up the form without knowing the appointment date.
    4. If I try to download the appointment letter it says..�You cannot download until you specify courier address��.

    Has anyone experience similar problem�?? Any work around�.??

    Any help is greatly appreciated�thanks in advance�

    You have to submit.
    Once you submit, you will be able to choose dates.



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  • cheg
    08-14 06:26 PM
    Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.

    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.





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  • dummgelauft
    09-11 08:36 AM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo
    just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.





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  • summerof98
    10-24 01:38 PM
    Under what circumstances can a Service Request be made?





    gcisadawg
    12-17 11:25 AM
    I traveled via Lufthansa last month ( EWR-FRA-MAA) and had approved H1B petition on hand ( to show that I'm legally working without any gaps) and on returning I showed AP.

    If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.

    If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.

    While returning, it is either AP or valid stamp on passport.





    beppenyc
    04-27 02:45 PM
    I was watching an interview with John McCain on larry king live 2 or 3 days ago. Mccain said that an immigration bill would be introduced in the senate in a week or two which would focus on border security first, i am not sure what that means, focusiing on border security first, good or bad for us? would that mean our provisions will be moved to a later stage where border security is ratified first before anything can happen etc etc which is what anti-immigrants want.
    No, it means that the bill will have some trigger or benchmark before any legalization for the undocumented workers.



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