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  • godspeed
    08-20 09:50 PM
    Totally agree on the information front.
    Our stress levels will be in control if everyone of us knows their case status.

    I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.





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  • yawl
    07-26 01:46 PM
    Greg Siskind reported that there is another amendment(2448) by Senator Chuck Schumer (D-NY) that would allocate 61,000 green cards unused in prior years to Schedule A nurses and physical therapists:

    http://blogs.ilw.com/gregsiskind/2007/07/schumer-nurse-i.html





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  • bbct
    02-11 06:01 PM
    http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm

    There were empty spaces in the URL. Try this...

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  • jindhal
    09-23 01:47 PM
    tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.

    Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

    Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.



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  • ssbaruah@yahoo.com
    06-01 01:24 PM
    I have my paystub till Jan 2009 and now I am out of status. A couple of employers are ready to transfer my H1B with project, but when they came to know that I have paystub till Jan 2009 then they stay back.

    I will appreciate if you urgently let me know the ways to do the transfer my H1B.





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  • asiehouston
    09-05 09:19 PM
    I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

    THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

    Everything else is Correct (address, DOB, A# etc...)

    GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20



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  • ilwaiting
    06-15 03:19 PM
    Thats your A number, Its not the I-94 number. Some people have it some don't. If you have it you need to include it. If you don't it would be assigned once you file you 485

    Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.

    Is this the number which is on my approved I-140 (A099 XXX XXX) ?





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  • vedicman
    01-27 11:04 AM
    Does anyone have a link to this bill/article? I don't see anything on the news yet.

    According to Thomas.gov, the text of the bill is unavailable.
    However, it has been read twice and referred to the Senate Judiciary committee.

    Could this bill be the framework Reid was working on in 2010?



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  • purgan
    11-11 10:32 AM
    Randell,
    Congratulations on getting the attention of the Times, and your tireless efforts in spreading word of the broken legal immigration system.

    ===

    New York Times
    Immigration, a Love Story

    http://www.nytimes.com/2006/11/12/fashion/12green.html

    WHEN Kenneth Harrell Jr., an Assemblies of God minister in South Carolina, invited Gricelda Molina to join his Spanish ministry in 2000, it didn’t take him long to realize he had found the woman he had been waiting for. On the telephone and during romantic strolls they talked about their goals, their commitment to God and how many children each would like to have. Six months flew by, and he asked her to marry him.

    “She’s a beautiful woman with a beautiful spirit, very gentle, very sincere,” Mr. Harrell said. But Ms. Molina, a factory worker, was also an undocumented immigrant from Honduras, who had crossed into the United States twice, having once been deported. Mr. Harrell, the pastor of Airport Assembly of God church in West Columbia, said he was not too concerned. “Whatever came, we would walk through this path together,” he said.

    Mr. Harrell and Ms. Molina, both 35, married in 2001, in a large wedding attended by family from both sides and blessed by pastors in English and Spanish. But the Harrells no longer live together, not because of divorce, but because Mrs. Harrell, now the mother of two sons and four months pregnant with their third child, has been deported. She had applied for legal residency, or a green card, with her new husband as her sponsor, Mr. Harrell said, but she was sent back to Honduras 20 months ago because of her illegal entries and told she would have to wait 10 years to try again.

    “Illegals are pouring over the border,” said Mr. Harrell, who has visited his family five times. “We meet them, we fall in love with them, we marry them. And then the government tears your family apart, and they take no responsibility for letting them in, in the first place.”

    Falling in love and marching toward marriage is not always easy, but a particular brand of heartache and hardship can await when one of the partners is in this country illegally. The uncertainty of such a union has only been heightened by the national debate over illegal immigration. Whether the new Democratic leadership in Congress will help people like the Harrells remains to be seen.

    It is hard to quantify how many people find themselves in Mr. Harrell’s situation, but with stepped-up enforcement in recent years, deportations have increased, and so have fears of losing a loved one in that way. (There were 168,310 removals in 2005, compared with 108,000 in 2000, immigration officials said.)

    And that is only one byproduct of love between two people with such uneven places in society, immigration lawyers say. Many relationships strain under the financial burden of hiring lawyers for what can turn into years of visiting government offices, producing pictures, tax records and other evidence of a legitimate marriage in the quest for legalization. And while instances of immigrants faking love for a green card are in the minority, according to immigration officials, some couples feel pressure to marry before they are ready, hoping that marriage will prevent a loved one’s deportation.

    Raul Godinez, an immigration lawyer in Los Angeles, said: “I ask people, ‘How much do you love this person? Because immigration is going to test your marriage.’ If you don’t feel it’s going to be a strong marriage, I wouldn’t do it.”

    Many people may still believe that obtaining legal status through marriage is easy, because of periodic reports of marriage scams. In a three-year investigation called Operation Newlywed Game, immigration and customs enforcement agents caught more than 40 suspects in California for allegedly orchestrating sham marriages between hundreds of Chinese or Vietnamese nationals and United States citizens. But such fraud occurs in only a minority of cases, federal officials said.

    In reality, immigration lawyers said, marrying a citizen does not automatically entitle the spouse to a green card and is only the first step in a long bureaucratic journey. The lawyers noted that changes in the law in the last five years have made this legalization path increasingly difficult, one worth choosing only if true love is at stake. (Other routes include sponsorship by immediate family members or an employer.)

    The Harrells said they had no idea how difficult it could be and were shocked when Mrs. Harrell’s application for permanent residence was turned down, leaving them only 12 days to prepare for her departure. In that time, Mr. Harrell said, they decided that the children, now 4 and 3, would go with her. So Mr. Harrell obtained passports for them, and the church held a farewell service.

    “It was very traumatic,” he said. “Our whole world was crashing around us.”

    In Yoro, in north central Honduras, where Mrs. Harrell and the children live with her parents, she said the older boy constantly asks for his father, begging, “Let’s go to my papa’s house.” She has coped with her own dejection, too. “I know how much work he has over there,” she said by telephone. “He needs his wife.”

    But even in the best of circumstances, when an immigrant enters the country legally, couples may have to rearrange their lives and defer their dreams.

    Paola Emery, a jewelry designer, and her husband, Randall Emery, a computer consultant in Philadelphia, said they delayed having children and buying a house for the nearly four years it took the government to complete a background check for Mrs. Emery, who had entered the country from Colombia with a tourist visa and applied for permanent residency after they married in 2002.

    Mrs. Emery, 27, said lawyers advised them it was not wise for her to risk trouble by visiting her close-knit family in Colombia and then trying to re-enter this country. She said she was absent through weddings, illnesses and even the kidnapping and rescue of an uncle.

    “I felt like I was in jail,” Mrs. Emery said.

    Officials with the Citizenship and Immigration Services in the Homeland Security Department say that delays lasting years are rare, but some immigration lawyers say they see clients who wait three to four years for security clearance. Mrs. Emery and her husband, 34, sued Homeland Security over the delays, and she was finally cleared last May. By then Mr. Emery had helped form American Families United, a group of citizens who have sponsored immediate family members for immigration, and which advocates immigration-law change to keep families together. Immigration Services officials say they are not out to impede love or immigration. Nearly 260,000 spouses of citizens received permanent residency through marriage last year, out of 1.1 million people who became permanent residents, according to the Immigration Services office. “The goal is to give people who are eligible the benefit,” said Marie T. Sebrechts, its spokeswoman in Southern California. She said the agency does not comment on individual cases.

    When a legal immigrant is sponsored by an American spouse, she said, the green card can be obtained in as little as six months. But with complications like an illegal entry, laws are not that benevolent, Ms. Sebrechts said. In those cases, the immigrant usually must return to the home country and wait 3 to 10 years to apply for residency, though waivers are sometimes granted.

    Such obstacles are far from the minds of couples when they meet. And for some, so is the idea to question whether the beloved feels equally in love with them.

    Sharyn T. Sooho, a divorce lawyer and a founder of divorcenet.com, a Web site for divorcing couples, said she has represented American spouses who realized too late that the person they married was more interested in a green card than in living happily ever after. “They feel conflicted, used and abused,” she said. “It’s a quick marriage, and suddenly the person who was so sweet is turning into a nightmare.”

    But more often, said Carlina Tapia-Ruano, the president of the American Immigration Lawyers Association, couples marry before they are ready because “there’s fear that if you don’t do this, somebody is going to get deported.”

    Krystal Rivera, 18, a college student in Los Angeles, and her boyfriend fall into this group. Ms. Rivera is set on marrying in April 2008, even as she worries that it may put too much pressure on the relationship.

    “I never wanted to follow the Hispanic ritual of getting married early,” said Ms. Rivera, a native of Los Angeles whose parents emigrated from Mexico.

    She said she fell in love at 13 with a Mexican-born boy who sang in the church choir with her. “He started poking me, and I said ‘Stop it!’ ” she remembered.

    Ms. Rivera is still in love with the boy, now 19, who was brought into the country illegally by his mother when he was 12. He goes to college and wants to become a teacher, while she hopes to become a doctor.

    But for those plans to work, Ms. Rivera said, she needs to help him legalize his status. She said she has witnessed his frustration as he dealt with employers who didn’t pay what they owed him or struggled to find better jobs than his current one as a line cook. Because of his illegal status, he is unable to get a driver’s license or visit the brothers he left in Mexico. “We want to be normal,” Ms. Rivera said.

    The Harrells, too, have decided to take charge. After months of exploring how to reunite the family and spending thousands of dollars on lawyers, Mr. Harrell has decided to leave his small congregation, sell his house and join his wife in Honduras. He will be a missionary for his church for a fraction of the $40,000 a year he makes as a minister.





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  • kaisersose
    07-23 09:01 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

    Now all you have to do is wait for your 140 to be approved.



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  • arrarrgee
    07-18 10:40 AM
    Diggggggedddd :D

    Dugg!:)





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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • MeraNaamJoker
    09-15 01:30 PM
    First thank GOD for pulling you out of this mess.
    Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......





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  • grupak
    03-01 10:20 AM
    Time to send in the monthly contributions.

    I just mailed mine online.



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  • pappu
    05-11 01:24 PM
    they seem to favor unskilled workers category and talk about only 5 thousand Gcs available.





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  • jsb
    10-29 04:04 PM
    I've done it. Well, basically my attorney sent a notice to the USCIS, but I think you can do it too by sending a simple letter to the Service Center. There is no form for that as far as I know.

    It is clear to change from 'old' or 'new' attorney, but there is nothing mentioned for 'no attorney'. I think best is to call USCIS and find out the best way to do it.



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  • kaisersose
    07-27 02:54 PM
    What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.

    The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.

    You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.

    The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.





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  • sriramkalyan
    03-09 03:52 PM
    That when he applies for 485 based on eb2 he has to request for eb3 priority





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  • bkarnik
    11-09 09:23 AM
    Are you advertising your Law Office on the message board...????

    A number of members have reported this and other posts as advertisements. However, since the post does not contain any mention of the law firm or its details and is related to immigration issues, the posts will be allowed to remain. In fact, if bzuccaro is indeed a lawyer, then I (in my personal capacity) thank him for taking the time to post informative and educational updates on this forum as long as he does not use the forum to advertise his firm. Members are, of course, more than welcome to contact bzuccaro individually if they wish to talk with him one-to-one. But IV is in no way recommending this lawyer or liable for any issues or disputes arising if members were to establish an attorney-client relationship with bzuccaro or his firm.





    koppula09
    01-04 05:43 PM
    Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.

    If it is +ve there wont be any problem, well & good!

    If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.

    Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.

    I believe these options looks logical. Hope verything goes well!





    vxg
    09-10 03:46 PM
    I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...

    On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.



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