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  • belmontboy
    08-14 09:33 PM
    From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.

    Please read properly
    from the link:

    This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.





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  • nousername
    05-06 07:36 PM
    update your profile first





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  • harikris
    05-20 08:09 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.





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  • anjans
    07-10 08:54 PM
    H1gurus pls advice



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  • MrDesi
    02-07 09:47 AM
    Hi Friends

    May be it is repeated and simple question, but some how critical to me.

    Experts, Please help me in addressing this,

    BackGround:

    A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.

    B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.

    C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.

    Questions:

    1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
    Please share your experiences if any and possible questions during interview.


    2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?

    3) Do volunterily mention about the 485 pending or officer might ask ?

    Thanks a Lot.





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  • veni001
    08-26 04:09 PM
    Hi,

    I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:

    My qualification: Diploma in electronics and communication Engg in India
    (3 years diploma after 10th)

    Years of experience: Since 1991 in IT (About 20 YRs)

    Green card process: EB3 Approved labor and 140.

    Situation: When I contacted one of the university in USA they informed me that I can
    do the Masters instead of BS online degree.

    My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?

    My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?

    Thanks in advance

    3-yr diploma is considered equivalent to US High-school diploma( 12th grade) and how can one get MS without bachelor's degree? and remember in most cased USCIS require you to show 4-year US equivalent bachelor degree even for EB3



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  • gc_chahiye
    08-14 06:18 PM
    Hi,

    Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.

    Regards
    ZooZee

    yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.





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  • sapking
    12-14 11:13 PM
    What did your attorney say?



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  • cdeneo
    01-05 04:44 PM
    I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

    Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

    Sorry to know about your situation....

    Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

    This is very tricky, there is only one solution.

    You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

    Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

    If you had already known about this, why did you make the mistake of sending her abroad....





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  • cooldude
    11-02 07:26 PM
    I am able to see my EAD and AP online, but not I-1485. Don't worry, it should be there probaby next week.



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  • satyab7
    04-26 03:15 PM
    Keep up the good job guys ....





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  • anilsal
    07-18 01:28 AM
    We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill

    Karthik

    Good points. These are burning issues for IV. In the meantime, could you please update your signature with your monetary contributions such that newcomers are motivated? ;)



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  • eb3retro
    07-27 12:48 PM
    Friends,
    Finally my 485 is approved,
    " On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

    Long wait is over....
    I thank IV core members and all others for their efforts and information.

    Case details
    EB3 - India
    PD - Nov2003
    RD - Aug 2004
    Approved - 7/26/2007
    RFE - Birth Certificate and 325, Yes replied last Sept.


    wow..when did you file your I-485? cos, I am in Jan2003 and never had a chance to file 485 until now...could you elaborate???





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  • beppenyc
    04-09 03:36 PM
    Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
    No, so don`t worry...nothing will happen.



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  • anandrajesh
    12-18 10:40 PM
    bumping this back up
    MN members, please post here and join us
    we have only 9 people so far
    there are surely more of us

    Are we gonna have a concall sometime soon to discuss?





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  • malaGCPahije
    08-11 10:45 AM
    Thank you for initiating this!

    I just followed your effort.

    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?



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  • GC_1000Watt
    10-12 09:58 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.

    Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?





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  • marty
    01-09 11:46 AM
    marty,

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.

    Thanks,
    Seyed

    Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.





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  • eb3_nepa
    02-03 01:07 PM
    The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.

    It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.





    paskal
    12-14 12:45 AM
    for those that have not visited the MN thread under the separate forum for chapters, here is the link:

    http://immigrationvoice.org/forum/showthread.php?p=37195#post37195





    Blog Feeds
    04-26 11:30 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)



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