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  • maverick_joe
    05-06 09:22 AM
    and secondly there is no i-140 premium processing as of now..:(





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  • texcan
    09-14 06:58 AM
    Out of the labor backlog that covers me,
    Black as the Pit from pole to pole,
    I thank whatever gods may be
    For IV's unconquerable soul.

    In the fell clutch of rules quagmire
    I have not winced nor cried aloud.
    Under the bludgeoning of chance
    My career is bloody, but unbowed.

    Beyond this GC pace of wrath and tears
    Looms but the Horror of the delay,
    And yet the menace of the rules
    Finds, and shall finds me/us/IV unafraid.

    Waiting in vain for Name check, Years wasted in pain
    Though I know, I have never done nothing wrong
    One day to be out of this nightmare is my hope
    I know for sure without IV I cant cope

    It matters not how strait the gate,
    How charged with punishments the scroll,
    I am the master of my fate
    I am the captain of my soul.

    ---------------------------------------------------
    This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html

    I made changes in original work. See if you all like it, and lets see how we can reference it.
    I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html

    Thanks for reading





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  • desi3933
    03-30 11:00 AM
    ......

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period
    .....

    Congratulations on your permanent resident status (aka green card holder).

    1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
    2. Since they have filed for I-485, they are in valid AOS Pending status.
    3. They must use AP to re-enter USA


    _________________
    Not a legal advice.





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  • mjdup
    12-18 10:49 AM
    Yes, that's my plan, to have MA and NH state members send emails to the congressman's office to try and get appointment. This will provide good opportunity to present the material from our resources section. thanks.

    Will keep you posted.



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  • rajeshalex
    08-14 02:58 PM
    Send the photo to USCIS and also sent the RFE copy to ombudsman





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  • dontcareanymore
    04-02 01:37 PM
    Just so all can understand :

    Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?



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  • perm2gc
    08-24 10:07 AM
    I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.You said you have worked for Company A for 3yrs.in that case you H1 is arleady expired unless you have revalidated from company A.. If you have to work for Company A again you have to file a new H1B.





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  • Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?

    No.

    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically
    approved?

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.


    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
    investor?

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.




    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)



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  • GCNirvana007
    08-22 04:48 PM
    I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.

    Yeah, before it went to Dec 1999, it was June 2004 i think and during the August 2006 current time lots of 2005s and 2006s got approved.

    Since its till Jan 2005 this time i reckon its purely gonna be core 2004.





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  • willwin
    05-21 10:00 AM
    The reason why they are not talking about EB is there is nothing to talk.

    The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.



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  • LostInGCProcess
    11-12 02:25 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).





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  • GetGC08
    05-11 09:14 AM
    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.



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  • boom
    08-11 12:34 PM
    Hi,

    I am trying to fill the canadian visa application and would like to know what should I check on Question #8
    a) citizen( obviously not)
    b) Permanent residet
    c) Temporary resident
    d)Worker
    e) Student(obviously not)

    It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD

    Need to travel to canada on Friday(08/13/2010)

    Any help is appreciated.





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  • dce.deepak
    11-08 08:30 PM
    Labor needs to be applied accordingly too.. mention of masters degree and experience in job duties and posting



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  • desi3933
    07-05 03:14 PM
    Hi All,
    Please clarify my doubts if you can.

    The G-325A form is asking for dates of previous employment. I have an issue here.....

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    Any advice is appreciated. I'm afraid to talk about this to my current company attorney....

    Thanks.

    Did you get new I-94 with H1 transfer?
    Any re-entry in USA after that?


    ___________________
    Not a legal advice.





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  • sbdol
    07-20 10:18 AM
    I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
    Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
    Also there is a great injustice to those who had to go through the BEC black hole.
    I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).

    So how to fix all this in a way that it would not affect negatively anybody?
    The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
    This would PARTIALLY restore justice without punishing anybody.

    USCIS will be happy as it would take off some pressure from their delays.

    Legislators are happy as more people will be able to vote for them.

    Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.

    All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.

    The current losers in immigration process would automatically catch up (almost) with the luckiest ones.

    Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.

    Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.

    Employers are NOT UNHAPPY since the measure does not affect them in any way.

    If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
    Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.



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  • solaris27
    08-02 02:07 PM
    write letters to congressman and fill form for ombudsman.

    You should get ur GC.





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  • aperregatturv
    10-26 03:08 PM
    My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

    Is this true?

    Thanks,

    PD Feb 2004 - EB3 - India
    I140 Approved - May 2007
    EAD Approved - Oct 3
    EAD recd Oct 10
    H1B Status Valid - 2010.





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  • malibuguy007
    07-17 12:36 AM
    Very well written article indeed and quite balanced.





    enqueued
    12-18 12:53 PM
    amsgc is right on all answers. For #3, you need a copy of I-129 as well





    adiboss007
    04-16 01:29 PM
    Dear Friends:
    I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
    As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:

    (a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?

    Please advise, and that would be so appreciated. Regards.

    read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :

    http://murthy.com/mb_pdf/032108_P.html

    -a



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