Friday, June 24, 2011

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  • gccovet
    06-19 09:42 AM
    Hi everyone:


    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?

    Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.

    My parents are thinking of doing the same very soon.

    GCCovet




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  • hasil
    09-29 01:04 PM
    I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.

    So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)

    Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)




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  • wellwisher02
    04-09 05:39 PM
    IV is meant for discussing topics/issues related to employment-based green cards. I am not sure if we can discuss any other extraneous topic here. :confused:




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  • powerman
    08-14 02:13 PM
    I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks



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  • payur
    04-11 10:26 AM
    Go for consulting job where you can stick to one company and continue your gc process. You will get better paid, you will meet more people, you will learn more and once you get green card you will have options to choose from the contacts.




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  • Steven-T
    February 20th, 2004, 11:13 AM
    Oooops, too late. All got before lunch break. Next will be better and cheaper.

    Steven



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  • karanp25
    07-11 01:35 PM
    yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.

    Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)

    I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.

    Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.




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  • rbalaji5
    03-02 07:53 PM
    I was in a similar situation, I got my I-94 renewed by went into the U.S - Mexico border near San Diego on 02/28/2009. It is the simplest way to get your new I-94 if you are near Mexico border.



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  • arc
    10-30 01:48 PM
    My wife's finger printing fee was rejected last month, even though we submitted the right fee.
    We still submitted the fee again. In the mean while, we got our finger printing notices.

    Do u know when we would get our EADs ? Is anyone in a similar situation ?

    Thanks

    First of all what is Finger printing fee? FP is part of your 485 process so i is not charged seperately... secondly yes EAD can come before FP... and they are not related EAD is Form I765 and FP is related to I485. Check with your lawyer if you had applied for EAD or not...if not then apply if yes then wait you will get it too...

    Yes one can walk in usually on wednesday but depending on the rush they might or might not accomodate depends how you persue... and how valid your reason is... one can also go to another ASC then mentioned on the form they all do the same thing and assignment is purely based on load at a particular ASC.:cool:




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  • mammoy2k
    09-30 08:29 PM
    Please read Yates memo for clarification.


    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet



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  • pd_recapturing
    06-20 06:14 PM
    I have a 9 digit number (xxx xxx xxx) with prefix 'A' on my approved I-140 notice (Nov 2006) just above my beneficiary name.

    I was confused about this number, so I called USCIS today and found that the number on my I-140 petition is the Alien number.

    USCIS representative clearly stated that 'A' number, File number and Alien registration number are one and the same; also this number can be 7 to 9 digits with prefix 'A'.

    So if you have �A� number on the I-140 approved notice please provide the same appropriately. However, not all I-140 petitions will have 'A' number.

    One other thing, Please do NOT say 'N/A' instead say 'NONE' if 'A' number is unknown at this present time.

    Thanks
    Raj
    Thanks for clearing this up.
    Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?




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  • EndlessWait
    12-06 07:35 AM
    Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
    My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.

    My case was filed at NSC , then went to CSC and then transferred to NSC.

    Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.



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  • chakalov
    07-31 04:23 PM
    Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.

    Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!




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  • Krishanpal
    07-22 06:57 AM
    I believe both are right. I do not think 123456mg is wrong. S/He is a law-abiding person like us and has a right to state his opinion. I agree, the statements were a bit harsher but so the truth is. Also, I guess we must stop discussing more on these matters as such since it is past and can not be changed now. Though you have my personal symphathies unlike 123456mg, I do not think the actions you chose were correct and you require a correction from that perspective. I suggest you talk to experts regarding your immigration matters since your looks like a difficult case to me.



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  • imm_pro
    08-18 01:53 PM
    The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..




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  • senthil1
    09-12 11:29 AM
    There is no doubt Obama admin is trying selective protectionist measures not only in immigration but also in trade.

    The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)

    Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.

    AILA Leadership Has Just Posted the Following:


    Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

    Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

    The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

    More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

    The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

    While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)



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  • nayekal
    02-16 03:01 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?

    I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.

    If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.

    My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.




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  • MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.




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  • sanjeev.mehra@gmail.com
    08-06 01:17 PM
    Thanks for the link (opening my eyes).




    GCWhru
    09-18 02:08 PM
    It is very surprising to see many 2004 numbers still pending. I know 2006 cases were processed in high numbers, but didn't expect these many 2004 pending cases.




    pmpforgc
    12-21 12:24 PM
    Hi

    I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.

    I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.

    My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?

    IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.

    YOUR input will help me lot in be prepared and planing for my summer trip.

    Thanks



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