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  • gctoget
    10-02 07:24 PM
    Sorry, Socal IV members. I ahve been busy from ast few weeks and not been able to actively participate in SoCal IV Activities. This meeting must be a good brainstorming seesion for all new IV members!
    Cheers IV!!!




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  • RNGC
    04-08 09:38 PM
    As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....

    see a detailed notes on INA 202 here...
    http://boards.immigrationportal.com/showthread.php?t=240387
    (search for gclong1)

    I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.

    Is 7% per country is fair ?
    ------------------------
    Legal Immigrant Source Source:
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls

    (More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)

    Population Source:
    http://en.wikipedia.org/wiki/List_of_countries_by_population


    Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
    Total Population = 11,000,000 (11 Million)
    Total Population Percent = 0.17 %
    Legal Immigrants from Cuba to USA in 2006 = 45,614
    Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
    [(45614.0/11000000.0)*100.0 = 0.4146]

    India:
    Total Population = 1,131,264,000 (1.1 Billion)
    Total Population Percent = 17 %
    Legal Immigrants from India to USA in 2006= 61,369
    Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
    [(61369.0/1131264000)*100.0 = 0.0054]

    Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
    India has 0.0054 Legal Immigrants in US per 100 of their population

    What is the difference in percent ?
    (0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!

    India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
    (17.0/100.0) * 140000.0 = 23,800 EB visas ?
    (0.17/100.0) * 140000.0 = 238 EB visas ?

    Soon, USA will be Chindia!

    I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....

    My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.

    So, two issues need to dealt with for long term solution.
    1. 140k EB visas to be increased to 300k
    2. 7% per country needs to be changed (not sure what should be the criteria)




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  • gcpool
    03-14 09:22 AM
    The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
    File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.

    I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case

    There is a difference in tranferring the priority date and requesting to use an earlier application
    First is when the second I-140 is going to be filed
    Second is when you already have two I-140 and is planning to apply the 485

    The first process is common and said to be proven. But the second is not very common.

    But I have come to conclusion that both of them work.

    Yes he can use earlier PD for EB2.
    He can file I485 in EB2 by requesting recapturing priority date from EB3.




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  • knowDOL
    06-05 11:26 AM
    Yes, looks like they removed the timeframe hopefully it is for good. but lets see. May be after the bi-specialization case transfers they removed.



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  • gc_check
    01-22 08:11 PM
    I used Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) to make my small contribution, it took less than 2 minutes, no account creation required, this site accepts paypal too.

    https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884

    I also donated a small amount that I can through Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) as well. Also check, some employers also do a matching contribution to this organization or also some other charity organization, You just need to fill a form and fax and they do the rest. So the contribution doubles. Just addition 5 minutes work, but it definitely helps people in need.




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  • kaisersose
    05-08 02:53 PM
    05/08/2008: Fashion Model Nonimmigrant Visa Reclassification and Relief Legislation Inching Ahead - 05/08/2008 Mark-Up

    * Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.

    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)



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  • GooblyWoobly
    08-08 04:23 PM
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.




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  • smisachu
    12-05 11:12 PM
    I asked my attorney the following question. His reply is in caps:

    Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

    A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

    What is the feed back you guys have received from your legal counsels? Please share.



    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B



    Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz



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  • anzerraja
    06-15 03:16 PM
    From my Lawyer:

    "You don't have it yet. You can ignore it. "

    Anybody having a different opinion ?

    Anzer




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  • calaway42
    10-04 01:04 AM
    I am suppose to fill in the whole layer.. hwhere is the marquee area for the whole layer?



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  • tnite
    10-31 10:26 AM
    4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.

    We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)

    The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.

    Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.

    You're right pappu, most folks only care about a short term solution to this problem. Even without this mess folks who had applied for EAD or AP sometimes got their documents late and they ended up taking unpaid leave from work to make sure they are not working illegally.

    With so many apps in the pipeline, I just cant imagine the delays.Not that I am pessimistic but trying to be prepared for the worst.

    And add to that the financial burden of applying ever year (approx $700) for applicant and derivative.That's something you could have saved, spent on your family instead ended up renewing the EAD/AP.

    Just my 2 cents




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  • meridiani.planum
    05-20 04:00 PM
    Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.

    Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.

    yup. same old mess. Try to get ONE thing for EB immigrants, and first the nurses lobby jumps on the bandwagon.. atleast its all still legal immigration at that point. Suddenly agjobs and DREAM also board the train bringing the 'tainted' illegal immigration angle into this picture and soon its a big fat mess that no one wants to touch. sad state of affairs.



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  • ilikekilo
    07-25 01:29 PM
    Hello,

    I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

    Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


    Thanks



    dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...




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  • FraudGultee
    04-17 09:09 AM
    i heard one can have both valid L1 and B2 visas not sure if it works with H1b



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  • gsc999
    06-15 03:39 PM
    No need to write "None"..just leave it blank. Thats what my attorney told.
    --
    Thanks, I will prefer to leave it blank.

    Whats with so many diff. opinion about Alien # :eek:




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  • jcrajput
    06-09 12:14 PM
    can anyone please reply?



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  • probe
    10-07 04:23 PM
    I live in Ohio and my sympathies are with you. If another state has concerns with clause "non renewable/non transferable"then Ohio should also have concerns, but on the contrary Licenses are renewed in Ohio.I feel this is more of kneejerk reaction to 9/11 aftermath.I am dismayed, does policy makers are under notion that a alien (not from outer space) have to
    go through all the travails of a new driver if they move to other state !?.
    My past experience suggests you to visit few other License agencies around your place and hope lady luck smiles
    upon you.




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  • gcisadawg
    04-13 10:22 AM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    You have multiple options.

    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg




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  • irrational
    04-01 03:18 PM
    Folks,
    I checked my status online today (4/1/2008) and this is what it says:

    "On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."

    I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.

    My Situation:

    PD - Feb-2005
    Labor - Approved
    I-140 - Approved

    I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.

    I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?

    So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?

    I am thinking that it might be the FP appointment but I am not sure.


    -Bipin




    belmontboy
    01-31 03:38 AM
    why is this under "All other Green Card issues"? In this google era, you find solutions to most of your day to day problems with a simple google search. You don't have to create a separate thread for this.

    That being said, dispute your bill.

    Previous bills often serve as an estimate of one's monthly electricity usage. Any anamolies in current bills can be disputed on comparison with previous bills.

    Good luck btw...




    sury
    10-29 06:20 AM
    I haven't applied yet. I don't know if I can apply for kid or not.



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