Friday, June 10, 2011

pensamientos de amor

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  • yabayaba
    08-18 09:34 PM
    My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.

    Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.




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  • ebizash
    05-01 05:13 PM
    I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.

    This is based on my reading up other posts on IV and may not be accurate.




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  • bidhanc
    07-30 07:03 AM
    Brasil,

    You should contact your local Congressman and Senator ASAP.

    Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.

    Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.

    In September I will go to Italy, what if I don�t get my DL till then?

    And you say �Not sure why you thought of it as being punished�

    This is ridiculous




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  • sankap
    07-05 03:28 PM
    http://online.wsj.com/article_print/SB118359095890657571.html

    Reversal Frustrates Green-Card Applicants
    By MIRIAM JORDAN
    THE WALL STREET JOURNAL: July 5, 2007

    The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.

    In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.

    News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.

    "My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."

    Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.

    The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.

    A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.

    Write to Miriam Jordan at miriam.jordan@wsj.com1



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  • uma001
    07-21 06:47 PM
    OP (greenmonster)

    Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
    http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html




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  • sorcerer666
    10-17 06:42 AM
    Thanks for the input

    New York Real Estate License FAQs from New York real estate school online. (http://new-york.realestateschoolonline.com/FAQ.aspx)
    so from this link and answer to question number 4, I take you can't even get a license to be a real estate agent in the state of NY, let alone someone sponsor your greencard. Sorry to be so brutal, but with a Master's degree I bet u can get a much better job than a real estate agent. Just my 2 cents.



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  • kbsyed61
    04-07 05:35 PM
    Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.

    My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.




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  • overhere
    07-17 08:50 AM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.

    my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.



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  • rajenk
    09-21 10:43 AM
    Raj

    what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?

    Our lawyer requested as a interfile while filing the new I-140. EB2 dates were current at the time of filing I-140 so that was possible. Otherwise we have to send in a copy of the new I-140 to join the I-485 when one's PD is current. I am waiting for copy of the I-140 to follow up on I-485 with SR and Infopass.

    I am using the existing I-485 to avoid confusion and delay. That is what is being recommended by USCIS in many AILA meetings that I am aware of.




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  • sunelhulikere
    08-28 04:45 PM
    I was in a similar situation but since I had efiled, i had the LIN #. So i sent the photos after 2 weeks from my filing date. Did not wait for RFE. I received approvals on AP. In your case, you dont have a choice. In case you checks are cashed, try to capture the receipt # and then send the pictures by referncing the receipt #. It will make your case processing faster.



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  • cinqsit
    09-15 10:57 PM
    This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.

    And surprisingly got AP in mail a whole week after that. Looking at the AP
    envelope it was postmarked after the EAD card was actually put in mail.

    So it might be that your AP is on its way. But 30 days sounds a lot of
    time. I would try and talk to the customer service and open a SR.

    cinqsit




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  • raju123
    06-18 01:05 PM
    Ask for the copies and doctor will give copies of all reports.


    Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?



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  • jthomas
    03-27 01:01 PM
    Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc

    My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.

    I went through some of the process but it does not suit me so i backed off.

    Please update your information.




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  • hersheygaile
    09-10 12:13 AM
    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them



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  • wandmaker
    08-17 01:19 AM
    We got "Approval Notice Sent" emails 6 days back. I received my EAD 3 days back but haven't received my wife's yet.

    Has anyone filed for Replacement EAD? Do we need to wait 30 days from the date we received the approval email? How long does it take usually to receive a Replacement card?

    Please share your experiences.
    Thanks.

    "Card production ordered" is the first status that you will see and then it will change to "Approval notice sent". Tentatively, Your card will be postmarked with the date when your status changed to "Approval notice sent" and it takes upto 4 calendar days to receive the card through mail. Usually, approval notice goes to attorney on file for 765, if you have filed G28 otherwise you will receive it. Call USCIS and find out whether the card is ordered then ask for follow-up actions and decide whether to file for replacement card. There is no separate form for replacement cards - you will still be using same 765 form; I guess, same processing time applies - you may expedite by taking infopass after receiving the receipt notice for your replacement card by providing the letter from the employer. Hope this helps.




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  • saibaba
    12-07 06:53 PM
    guys,,
    where can I find these codes related to my present(per GC) and other jobs i'm looking around to fit in my original job designation and responsibilties?

    Like the intiator in this thread came up with some job/occupation codes which starts with 15 - XXXX ..he talked abt getting it from the approved Labor

    I have access to my approved Labor and I-140...but where can I find these codes in those documents?



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  • blondhenge
    08-31 09:15 AM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.

    However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.




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  • mariner5555
    05-28 06:56 AM
    so can anyone confirm this 'no FP if filed via paper' thing?

    As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.

    thanks.
    atleast thats what happened for me. i.e. mine was efiled and I got FP notice. for my wife - paper - no FP. we recd her card ..1 year validity. nothing for me so far ..I am hoping that the delay is because they want to give validity of 2 years :-D




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  • boston_gc
    01-25 05:49 PM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!



    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.




    punjabi
    07-28 01:12 PM
    $100 is way too less.

    If I get GC, I promise I'll donate $500 to IV right away!!




    karthikgk
    10-19 02:40 PM
    Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
    Some new updates are also posted for donor members only.

    Pappu,

    Sorry to sound dumb (but I think I am at this point for having applied for my renewal so late) but would you please provide me the link to the EAD renewal thread that you referred? Also, please let me know if there is a seperate link for paid members and I will access that too (my wife's username has a paid membership)

    Thanks,



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