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  • ruby
    08-16 05:24 PM
    My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with “EB3/PD Sep 2002” and when I asked them to combine my EB2 with “EB3/ PD Sep 2002” they said USCIS will reject it.,
    Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.




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  • jnayar2006
    03-27 05:40 PM
    nsnriv,

    The idea of the IV forums is to discuss our agenda, and activities.

    Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.

    Good luck,
    Berkeleybee

    Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).

    vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.




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  • willigetgc?
    05-04 10:15 AM
    Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?

    You can find the answer here:

    Right.

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward




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  • cjain
    07-23 04:03 PM
    ^^^^



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  • Since1997
    07-20 01:08 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs ...
    1. Year Cap: 140000 (for EB)
    2. India Limit: 7% = 9800 ONLY
    3 Now imagine how many years it will take to cover up the number like 750000.
    ==========================
    Originally Posted by andy garcia
    Last year the top 5 countries in EB got all these visas:

    Total EB ****** 159,081
    Philippines ***** 23,733
    India ********* 17,169
    Korea ******** 10,886
    China ******** 9,484
    Mexico ****** 8,864

    The actual limit is 7% of the total EB plus FB which is:
    (140,000 + 226,000) * .07 = 25,620
    ==============================




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  • Iamthejuggler
    01-22 05:48 AM
    Well ...

    "Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)



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  • Brightsider
    11-16 03:31 PM
    Guys,

    Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
    Havent been able to find it?

    Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.

    Maybe I am not looking at the right doc.
    But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.

    Many thanks




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  • tdasara
    04-06 07:41 AM
    IS THERE A SHORTAGE OF BALL PLAYERS IN US???

    In December 2006, a law was passed to ensure Minor League Ball players get their greencard in 6 months!!

    Minor League players == no education, no English, just plays ball!!



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  • gc28262
    09-10 02:58 PM
    I had a similar issue when I applied for AP from TSC.
    Online status said approved, but never received it for a couple of months.

    You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.

    Please follow the following threads:
    http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/23097-ap-approval-notice-sent-ap-not-received.html

    http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24267-ap-lost-in-mail.html




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  • gcnotfiledyet
    02-26 11:29 AM
    http://hammondlawgroup.blogspot.com/

    From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.

    My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.

    If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.

    Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.



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  • andy garcia
    08-14 03:27 PM
    Any cuban sets foot on US land is allowed to stay legally.


    Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.

    This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.


    andy




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  • bestofall
    09-16 03:29 PM
    I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
    Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
    Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
    I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
    do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card

    My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa

    Iam with same employer for 6 years and continue with them till I have card in hand :)

    whay do you guys advise

    Please advise !



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  • chanduv23
    10-28 04:55 PM
    Happy Diwali. Do not lose hope.

    Shraddha and Saburi wins the game.

    What game and who are these people?




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  • sathyaraj
    11-02 10:38 AM
    I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?

    No. It will not help.
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

    Do you think there are only 61K nurses waiting in line?
    Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.



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  • veni001
    05-12 04:27 PM
    His position requires Masters Degree

    As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!




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  • singhsa3
    05-01 11:50 AM
    I know only three things:
    a) USCIS recommend DOS what visa cut off dates are .
    b) We know that cut off dates movement have been arbitrary
    c) If I don't help myself there is no one who is going to help me out of this mess.

    First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.



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  • bobzibub
    04-28 10:04 AM
    ...Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders....
    ...

    This statement is utter nonsense.




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  • milind70
    07-24 08:39 PM
    Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??

    In the first case if I proceed as of now and when I get an RFE, what should I do ???


    Thanks
    In most of the case Birth Certificates issued by Consulates are not accepted USCIS.Submit you Birth certificate along with two affidavits you should be fine.




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  • desi3933
    02-11 10:43 AM
    Hi All,

    I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.

    As per my understanding these are the options:

    1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...

    2) I can join my H1 employer...

    Can anyone of you please suggest if these options are correct OR is there any other better option available...

    Eagerly waiting for responses...

    Thanks,
    Gagan Chodhry

    Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.

    You applied for L1 extension on Oct 15th.

    Would you mind sharing the denial reason with us?

    __________________
    Not a legal advice.




    eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.




    gsc999
    01-08 04:41 PM
    you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
    ------

    Toy-R-Us's decision to award $25K bond to all three babies is a result of economics and not that much of political pressure, altough that is the catalyst. They recently opened their store in China. They don't want -ve publicity, this is economics not politics. With the dollar falling through the basement, MNCs are diversifying their Sales mix outside of US, altough, that is not the only reason.



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