Thứ Hai, 27 tháng 6, 2011

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  • canmt
    11-16 08:46 AM
    The term permanent does not mean forever; after you apply AC21 and inform USCIS regarding your intent to change employer you can stop worrying about working for the gc sponsored employer.

    But if you stick with your gc sponsored employer till you get your green card; then you cannot use AC21. It is not clear as to how long you need to work for the gc sponsored employer. Most of the lawyers say 1 year is a good time to change employer after getting gc but there is no law binding on such things.




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  • voldemar
    03-09 10:07 PM
    I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is

    When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?

    or

    all the I-94 that is attached to my I-797 approval notices.

    ThanksSubmit all I-94. My lawyer told me that.




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  • sorcerer666
    08-22 11:23 AM
    I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.




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  • Blog Feeds
    09-12 09:40 AM
    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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  • sunny1000
    09-27 04:01 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...

    Update your profile first. Your priority date is nowhere near the approval timeframe. If by chance, you do get it, you can file for a "follow to join" procedure.




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  • easygoer
    07-07 04:00 PM
    First year generally you do not have to pay advance tax. From second year onwards you have to estimate tax based on previous year and start paying advance tax.



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  • pnjbindia
    04-11 06:26 PM
    Lasanthe,

    Thanks.
    When I applied for my wife's AOS 3 weeks ago as a derivative, my lawyer also wrote in the cover letter to consider my case in cross chargeability.
    But I have not seen any LUDs on my case yet. One point is that , may be I have to wait till my wife has got her FP cleared? Or can I get my case approved before hers? My FP is cleared....

    Do you think they can give me the GC before my wife? Or they both have to come at the sametime... she is my AOS dependent, but i am using her country for cross chargeability.... any thoughts....




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  • dvb123
    02-10 06:17 PM
    Once these categories are eliminated how can a spill over take place?



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  • monika
    07-20 09:30 PM
    Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
    Has anyone ever filed with e-approval email printout as initial evidence ?

    Thanks
    Greg said today that is O.K. A fellow lawyer give him the idea, helping him to answer at one of the FAQ recently posted.




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  • Madhuri
    03-19 02:17 PM
    Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
    or was it showing I140 approved before and now it's showing pending?

    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...



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  • dsneyog
    11-24 10:16 AM
    Can I e-file? I read that if my I-485 application is pending and I am applying for AP separately and for the first time, then I can not e-file?
    I thought e-filing is for renewals only?

    Thanks to you both for providing list of docs.




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  • s416504
    08-29 04:15 PM
    Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green



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  • bsbawa10
    08-15 07:06 AM
    How to add an enty?
    it does not let me.

    Try it now




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  • shahzaib616
    05-17 06:41 PM
    I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
    Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
    For everyone else, please read below for my story/question.




    "Before I begin with my question, allow me to give you a brief overview of my case:
    In the year 2000, I initially filed for Labor Certification.
    In 2004, I received approval of my application for Employment Authorization (I-765).
    In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

    Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
    I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
    Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

    Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
    Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

    Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
    Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

    Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

    Sincerely,
    Shahzaib"



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  • GCOP
    12-08 02:03 PM
    Friends, I already have expressed the views regarding Recapturing/ temporarily increasing Employment Based Visa Numbers for Greencard, on change.gov website . I have been getting E-mails from Transition Team. I have pasted this recent E-mail which is about Meeting with Transition Team. I think, IV Core Team members or/and people living around Chicago area should arrange meeting with Transition Team, and express and suggest our ideas regarding Recapture/Temporarily Increase EB greencard Numbers to clear the backlog.


    Your seat at the table‏
    From: John D. Podesta, Obama-Biden Transition Project (info@obamabidentransitionproject.org)
    Sent: Sat 12/06/08 10:30 AM

    Everyday, we meet with organizations that present ideas for the Transition and the incoming Obama-Biden Administration. In past transitions, meetings like this have been held behind closed doors.

    Not anymore. Today, every Obama-Biden Transition staff member received a memo outlining the "Seat at the Table" Transparency Policy. I've included a copy of it below.

    The policy is pretty simple: the people and groups we're meeting with, the subjects of the meetings, and any documents shared in the meetings will now be made available on Change.gov. Most importantly, the American public can weigh in with comments or their own materials.

    Read the memo and watch our "Seat at the Table" video:




    This is our latest step toward a more transparent and accessible Transition. We look forward to benefitting from the many more voices that will now be a part of the decision-making process.

    Thank you,

    John

    John D. Podesta
    Co-chair
    The Obama-Biden Transition Project


    --------------------------------------------------------------------------------
    MEMORANDUM
    From: John Podesta
    To: All Obama-Biden Transition Project Staff
    Date: December 4, 2008
    Re: "Seat at the Table" Transparency Policy -- EFFECTIVE IMMEDIATELY

    Overview:
    As an extension of the unprecedented ethics guidelines already in place for the Obama-Biden Transition Project, we take another significant step towards transparency of our efforts for the American people. Every day, we meet with organizations who present ideas for the Transition and the Administration, both orally and in writing. We want to ensure that we give the American people a "seat at the table" and that we receive the benefit of their feedback.

    Accordingly, any documents from official meetings with outside organizations will be posted on our website for people to review and comment on. In addition to presenting ideas as individuals at www.change.gov, the American people deserve a "seat at the table" as we receive input from organizations and make decisions. In the interest of protecting the personal privacy of individuals, this policy does not apply to personnel matters and hiring recommendations.

    Scope:
    The following information will be posted on our website:
    1. Documents: All policy documents1 and written policy recommendations from official meetings2 with outside organizations.
    2. Meetings: The date and organizations represented at official meetings in the Transition headquarters or agency offices, with any documents presented as noted above.

    This scope is a floor, not a ceiling, and all staff are strongly encouraged to include additional materials. Such materials could include documents (recommendations, press releases, etc.) presented in smaller meetings or materials or made public by the outside organization without a connection to an official meeting.

    If you have any questions as to whether documents should be included, please email [REDACTED].

    Process:
    Prior to an official meeting with an outside organization or organizations, Obama-Biden Transition Project staff members will inform attendees that any documents provided will be posted on our "Seat at the Table" website found at www.change.gov. Suggested language for email invitations is: "By presenting or submitting any document at a meeting with the Obama-Biden Transition Project, you agree to allow the document to be made public and posted on www.change.gov." At the completion of each meeting or upon receipt of such documents, Transition staff will provide the documents to [REDACTED] with the date of the meeting, a list of the organizations in attendance, and the topic of the meeting.


    Notes:
    1) This policy does not apply to non-public or classified information acquired from the Agency Review Process and internal memorandum.
    2) An "official meeting" is defined as a meeting with outside organizations or representatives of those organizations to which three or more outside participants attend.




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  • milind70
    07-25 12:33 AM
    Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.

    Passport is much more than a travel document, it is your identity abroad .All you identities here are based on passport.It is a document which proves ur citizenship.It is recognized world wide. If you are living in a foriegn land you are supposed to have a current updated passport that is expected. Try renewing an expired passport it takes much longer than renewing an unexpired passport.



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  • cheg
    08-21 03:15 PM
    I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

    Gurus,
    I need help please!

    My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.




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  • milind70
    06-21 01:06 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

    It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

    1) go outside the country and get a new I 94
    2) file i 539 cost around 195 USD

    I would also suggest to try the local USCIS office where in they could help is some way.

    Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.




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  • gc2
    03-08 08:36 AM
    i guess you would need to share specifics with a reputed attorney to identify what went wrong in your brother's case. on this forum, there is limited help for a case like yours that requires professional handling.

    perhaps someone who has had similar experience can throw light on this situation. wishing you best.




    Axilleus
    10-24 08:43 AM
    Finally! Last night at 8:00 pm EST I received an email from CRIS saying that the Card production was ordered. That is awesome.
    I assume that I should get the card in about 5-10 business days.
    Does anyone know how long it takes to get the EAD after the card production is ordered?




    Devils_Advocate
    08-20 03:58 PM
    You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.

    Did you file that income as a tax return??



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