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  • mayhemt
    09-20 11:00 PM
    If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.

    Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.




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  • maverick_joe
    02-12 02:24 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?

    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag




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  • H1B-GC
    07-15 04:49 PM
    you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.




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  • waiting4gc02
    02-21 10:07 AM
    Guys:
    Does anyone know why the Service Center Processing still shows as of
    Jan'17th, when they generally update the Service Center Processing information atleast once a month if not twice in the past...!!!

    I know it's the INS and they can do whatever they like, but has anyone any other insight into this..?

    Thanks



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  • ksircar
    05-11 10:20 AM
    Guys,

    I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

    http://capwiz.com/aila2/issues/alert/?alertid=9589591

    Letter content pre-exists if needed you can change.

    Let's inundate senate & other members with what we are facing..

    -IV2007
    EB2 Labor Pending

    But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?




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  • justAnotherFile
    07-11 10:16 PM
    what makes sense?

    it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.



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  • lazycis
    09-29 09:50 AM
    Hello Everyone,

    Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????

    Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
    http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
    http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314




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  • sheela
    10-05 09:58 AM
    Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.


    Nothing makes sense.

    Thanks
    Senthil

    hi, Do you know: How recent, which nationality, when was his/her aos filed



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  • f1vlad
    07-17 02:18 PM
    can you provide the link to that blog? I cannot find it.




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  • sreenivas11
    10-03 05:10 PM
    Now they are implementing in VA State too



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  • desi3933
    05-15 04:17 PM
    I believe that in the original post, Keerthi indicated that he was in India.

    I apologize for the confusion.

    I understood that you have replied for mchhokar's question.
    Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?

    Please accept my apologizes and thanks for the clarification.




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  • nlssubbu
    10-08 08:12 PM
    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

    Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

    To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

    (PS: I am not a lawyer and please use my advice based on your own discretion)



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  • susie
    07-13 09:32 PM
    Hi:

    Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)

    Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?

    Thanks,
    Jayant

    Now I am curious to see if I have any so making this post to check




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  • anemmani
    01-22 09:34 AM
    Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.

    Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."

    That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.

    Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.

    Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.

    I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.

    Nag



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  • reddymjm
    09-30 10:11 AM
    I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?

    r u from NBKRIST?




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  • bala50
    12-12 06:02 PM
    You don't need receipt notice. Valid AP and Passport should do.

    Welcome to IV . Which state are you from. Please consider joining your state chapter.

    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.



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  • vikramaditya
    05-01 09:51 AM
    Cool down and complete your story. Hopefully You did not file ur case like this. Just kidding.

    My message is complete .:)




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  • jnraajan
    01-08 04:57 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I used my new passport number and never had any issues. In fact, I also had filed for an H1b extension with the new passport. so, Dont worry




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  • venky80
    06-15 07:43 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks




    rp0lol
    08-26 01:30 PM
    Also, keep in mind that sometimes you don't get your passport back in time for H1 stamping. So, if you are stuck without passport then .....(you know the rest)




    Blog Feeds
    06-27 06:50 PM
    AILA Leadership Has Just Posted the Following:


    President Obama and Congress members met privately at the White House on Thursday for their first major discussion of immigration reform. A Way Forward on Immigration (http://www.nytimes.com/2009/06/27/opinion/27sat1.html). New York Times Editorial June 27, 2009. President Obama has a lot on his plate dealing with the economy, health and energy but his approach to immigration reform indicates a clear grasp of the complex dynamic needed to win the battle. The need to reform our immigration laws now could not be more immediate or urgent. There is a crisis in immigration and the need to fix this mess has never been more critical. Immigration raids in our communities and our factories, along with the horrific conditions of detention, have created dread and anxiety within our immigrant population. The process of obtaining lawful status has become unreasonably difficult, and there are few options for the millions of immigrants, many of whom have deep roots here, but entered without visas or have expired visas. Millions of these people have U.S. citizen spouses and children, but no path to legalization. Despite decades of living in the U.S., and contributing to our economy, and whether applying for immigrant or nonimmigrant visas, the pattern is the same: restrictive adjudications coupled with outdated visa quotas that choke the system and make the attainment of lawful status virtually impossible. Whether applying through family or employment, the waiting lines are as protracted as they are preposterous. Many with advanced degrees wait for years and family visa waiting lines routinely extend a decade or longer. Due process protections that form the basis of our great democracy have been stripped from immigrants.

    President Obama told a bipartisan group of lawmakers this week that Congress should begin debating a comprehensive immigration by year�s end or early next year, but Republicans said they would support a measure only if it included an expansion of guest worker programs. Republicans Focus on Guest Workers in Immigration Debate (javascript:popup(). The White House released President Obama's remarks following a meeting on June 25, 2009 with congressional leaders to discuss immigration reform, in which he expresses his administration's support for CIR and indicates a clear understanding of the issues and how to fix them. President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders (http://www.aila.org/content/default.aspx?docid=29384)


    The American Immigration Lawyers Association (AILA) understand immigration in a way that only a doctor understands medical ailments or an engineer understands building bridges. We know the issues from a deep perspective and not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).

    The current immigration system is broken and to allow the status quo to continue will only make things worse for the country. Until Congress deals responsibly with immigration - making taxpayers out of all immigrants, making all employers follow sensible rules, and creating a functioning legal immigration system - everything else on the President's domestic agenda is vulnerable to being dragged down. This is the year and this is the moment for a popular President to work with Congress to address a national issue in a way that benefits the American people and our economy. The Joint Center for Housing Studies of Harvard University released a new housing report which notes, �immigrants could be a key element to recovery." Immigration Impact, June 26, 2009, Immigrant Homebuyers Play Crucial Role in Housing Market Revival (javascript:popup(). The president announced that he has charged DHS Secretary Janet Napolitano with leading a bipartisan, bicameral working group to help negotiate and move a legislative package later this year, and those of us who have been championing immigration reform�and who have been training for this day�are off to the races (http://www.americanprogress.org/pressroom/statements/2009/06/White_House_immigration_meeting_statement062509.ht ml). President Kicks Off Immigration Reform (javascript:popup()"The White House meeting yesterday demonstrated that the question is no longer whether reform is necessary or whether it can be achieved this Congress. Those questions were answered squarely in the affirmative." Center for American Progress (CAP), June 26, 2009.

    The CAP report articulates five principles for responsible immigration reform grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. The nation�s broken immigration system undermines our core national values, disserves our economic and security interests, and diminishes our moral standing in the world. Congress has for years now overseen an explosion of expensive, ineffective enforcement policies that have wasted billions of taxpayer dollars, enriched criminal syndicates, divided families, disrupted communities, and battered local economies rather than confronting our failed policies with common sense solutions grounded in what is best for our nation. In short, Congress has sacrificed our national interest at the altar of a destined-to-fail, get-tough enforcement strategy.
    Confronted with this crisis the United States is left with three options: 1) preserve the status quo�an option that no responsible policymaker would advance; 2) drive millions of workers and families out of our communities, which CAP estimates would run over $41 billion annually; or 3) embrace tough but fair and practical solutions.

    The Center for American Progress correctly concludes that the status quo is untenable, mass deportation is contrary to our national interests and values, and the only viable approach is comprehensive immigration reform. Such reform would require immigrants to register and become legal, pay taxes, learn English, and pass criminal background checks.
    Five key principles for reform should guide the president and Congress as they begin to reengage this pressing domestic priority. CAP�s principles for responsible immigration reform are grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. They are:

    Resolve the status of the undocumented

    It is morally and economically unacceptable for the wealthiest nation on earth to have 12 million people living and functioning in an underground economy in the United States. Our �shining city upon a hill� is casting a dark shadow over a large class of workers. These workers and their families are interwoven in our communities, yet they are proscribed from becoming full members of our society. Their labor enhances the nation�s competitiveness and enables economic growth, but their lack of legal status exposes them and their U.S. counterparts to manipulation and exploitation. Effective reform must require those living in the United States illegally to register, pay their full share of taxes, learn English, complete background checks, and earn the privilege of citizenship. The country will in turn benefit from an expanded tax base, a more robust rule of law, a workforce less vulnerable to exploitation, and a level playing field for all workers.

    Enhance legal immigration channels and labor mobility

    Globalization has made it increasingly more efficient to move capital, goods, and services across national borders. Yet legal channels facilitating movement of labor have not kept pace with this rapid development, even though immigration is an integral part of the American economy. The demands of global competitiveness require increased overall levels of legal immigration. Immigrants serve important roles in the success of the nation�s economy in boardrooms and corn fields, in Silicon Valley and the San Fernando Valley. Demographic trends show that an aging United States will need more workers across all occupation levels. Employment-based immigration and family-based immigration complement each other and should not be pitted against one another in a zero-sum game. Target levels should be adjusted to acknowledge that immigration is an engine of economic dynamism and to ensure that close families are not separated for years by outdated limitations. The United States must embrace the inevitable shift toward a well-regulated, legal, global labor market in order to retain our economic leadership.

    Protect U.S. workers

    Comprehensive immigration reform will benefit all U.S. workers. A program that brings undocumented immigrants out of the shadows will improve accountability for all employers. And a clear but rigorous path toward citizenship would diminish U.S. workers� vulnerability to unscrupulous employers. This creates fair, not exploitative, competition.
    Any reforms must also protect American workers by safeguarding their ability to defend their rights, including the rights to change jobs freely and organize without fear, and to earn a fair wage. Millions of American workers are experiencing unemployment or underemployment in today�s economy, and we should strive to provide just wages for all workers and terminate policies that enable employers to participate in a race to the bottom of the wage ladder.

    Foster an inclusive American identity

    Our country�s identity is shaped by core values of equality, freedom, and opportunity. Immigration and the process of assimilation constantly tests and ultimately strengthens and deepens our commitment to those values. We must be vigilant, however, to ensure that newcomers have access to programs�language and civic education�that facilitate their integration into the nation�s social and cultural fabric. Naturalization, the cornerstone of integration and first step in civic participation for new citizens, must be accessible and encouraged.

    Adopt smart enforcement policies and safeguards

    The U.S. Border Patrol�s annual budget has more than quintupled since 1993 while the number of undocumented immigrants in the United States has tripled to approximately 12 million during that same time period. Militarization of the border has obviously failed as an immigration control strategy.

    CAP has a clear grasp of the essential ingredients to reforming our immigration laws and the American public gets it. More than 80 percent (http://amvoice.3cdn.net/ea94778f39d6c895c3_zvm6beppq.pdf) of Americans across the country, across party lines, and across nearly all demographic cross-sections, want comprehensive immigration reform that secures our borders, makes employers accountable, and requires undocumented workers to register, learn English, and pay taxes.

    The president and Congress must move forward on the path they laid out this week and the American public is clearly behind the popular president.https://blogger.googleusercontent.com/tracker/186823568153827945-1584438715913274381?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/immigration-reform-now-reality.html)



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