Thursday, June 16, 2011

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  • marlon2006
    06-13 02:49 PM
    Hi Renata,
    I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.

    I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.


    Hi camberiu,

    my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!

    Renata




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  • buehler
    11-20 11:25 AM
    Hmm interesting - I can smell CIR coffee brewing.

    EB folks - brace for a bumpy ride

    Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.




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  • rolrblade
    07-20 03:02 PM
    Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.

    I disagree. if you read the instructions on Form I-485 it clearly states nder the inital evidence that you are required to submit Form G325A. No where did they mention GA 325.

    So if i were you, I would agree to the earlier post to submit the G325A along with all your details in a letter or wait for a receipt.

    Consult your attorney.




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  • jamesbond007
    12-03 12:48 PM
    Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.

    Check to make sure the CPT from that university does not have any conditions on the type of employment you can take under it. And also check the number of hours you can work under that CPT - fulltime/parttime?.



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  • Munna Bhai
    01-31 03:28 PM
    Why employer has to pay for revoking I-140 and how much it cost them? Any idea? suggestions??




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  • vsc
    01-31 06:31 PM
    hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?



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  • amitjoey
    01-11 11:46 AM
    Just so everybody understands:

    This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.

    This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.

    There have been a lot of bills in the previous years that have not made it to the floor.

    IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.

    Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.

    Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.




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  • c9411010
    08-04 03:29 PM
    guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...


    also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..



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  • maddipati1
    08-04 11:56 PM
    i was in same situation. couldn't get new AP in time. went for stamping in India.

    my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

    if u read 131 instructions, it talks about abandoning app.

    basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
    and if u leave US before approval of AP, ur 485 considered abandoned.


    Ref:

    http://www.uscis.gov/files/form/i-131instr.pdf

    Page 4, Section E.




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  • SlowRoasted
    06-06 01:58 PM
    awe SHUCKS, so hard to decide.



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  • dontcareaboutGC
    03-19 11:24 AM
    Ignore this if this is a repost!

    U.S. House of Representatives
    Committee on the Judiciary
    Subcommittee on Immigration, Citizenship, Refugees, Border Security,
    and International Law
    Hearing on Comprehensive Immigration Reform: Government Perspectives
    on Immigration Statistics

    Testimony of Charles Oppenheim
    Chief, Immigrant Control and Reporting Division
    Visa Services Office
    U.S. Department of State

    June 6, 2007
    2:00 p.m.
    2141 Rayburn House Office Building

    Chairman Lofgren, Ranking Member King, and distinguished members of
    the Committee, it is a pleasure to be here this afternoon to answer
    your questions and provide an overview of our immigrant visa control
    and reporting program operated by the U.S. Department of State. The
    Department of State is responsible for administering the provisions of
    the Immigration and Nationality Act (INA) related to the numerical
    limitations on immigrant visa issuances. At the beginning of each
    month, the Visa Office (VO) receives a report from each consular post
    listing totals of documentarily-qualified immigrant visa applicants in
    categories subject to numerical limitation. Cases are grouped in three
    different categories: 1) foreign state chargeability, 2) preference,
    and 3) priority date.

    Foreign state chargeability for visa purposes refers to the fact that
    an immigrant is chargeable to the numerical limitation for the foreign
    state or dependent area in which the immigrant's place of birth is
    located. Exceptions are provided for a child (unmarried and under 21
    years of age) or spouse accompanying or following to join a principal
    to prevent the separation of family members, as well as for an
    applicant born in the United States or in a foreign state of which
    neither parent was a native or resident. Alternate chargeability is
    desirable when the visa cut-off date for the foreign state of a parent
    or spouse is more advantageous than that of the applicant's foreign
    state.

    As established by the Immigration and Nationality Act, preference is
    the visa category that can be assigned based on relationships to U.S.
    citizens or legal permanent residents. Family-based immigration falls
    under two basic categories: unlimited and limited. Preferences
    established by law for the limited category are:

    Family First Preference (F1): Unmarried sons and daughters of U.S.
    citizens and their minor children, if any.

    Family Second Preference (F2): Spouses, minor children, and unmarried
    sons and daughters of lawful permanent residents.

    Family Third Preference (F3): Married sons and daughters of U.S.
    citizens and their spouses and minor children.

    Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
    and their spouses and minor children provided the U.S. citizen is at
    least 21 years of age.

    The Priority Date is normally the date on which the petition to accord
    the applicant immigrant status was filed, generally with U.S.
    Citizenship and Immigration Services (USCIS). VO subdivides the annual
    preference and foreign state limitations specified by the INA into
    monthly allotments. The totals of documentarily-qualified applicants
    which have been reported to VO are compared each month with the
    numbers available for the next regular allotment. The determination of
    how many numbers are available requires consideration of several
    variables, including: past number use; estimates of future number use
    and return rates; and estimates of USCIS demand based on cut-off date
    movements. Once this consideration is completed, the cutoff dates are
    established and numbers are allocated to reported applicants in order
    of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy
    all reported documentarily qualified demand, the category is
    considered "Current." For example: If the monthly allocation target is
    10,000, and we only have 5,000 applicants, the category can be
    "Current.� Whenever the total of documentarily-qualified applicants in
    a category exceeds the supply of numbers available for allotment for
    the particular month, the category is considered to be
    "oversubscribed" and a visa availability cut-off date is established.
    The cut-off date is the priority date of the first
    documentarily-qualified applicant who could not be accommodated for a
    visa number. For example, if the monthly target is 10,000 and we have
    25,000 applicants, then we would need to establish a cut-off date so
    that only 10,000 numbers would be allocated. In this case, the cut-off
    would be the priority date of the 10,001st applicant.

    Only persons with a priority date earlier than a cut-off date are
    entitled to allotment of a visa number. The cut-off dates are the 1st,
    8th, 15th, and 22nd of a month, since VO groups demand for numbers
    under these dates. (Priority dates of the first through seventh of a
    month are grouped under the 1st, the eighth through the 14th under the
    8th, etc.) VO attempts to establish the cut-off dates for the
    following month on or about the 8th of each month. The dates are
    immediately transmitted to consular posts abroad and USCIS, and also
    published in the Visa Bulletin and online at the website
    www.travel.state.gov. Visa allotments for use during that month are
    transmitted to consular posts. USCIS requests visa allotments for
    adjustment of status cases only when all other case processing has
    been completed. I am submitting the latest Visa Bulletin for the
    record or you can click on: Visa Bulletin for June 2007.

    BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
    FREQUENTLY MISUNDERSTOOD POINTS:

    Applicants entitled to immigrant status become documentarily qualified
    at their own initiative and convenience. By no means has every
    applicant with a priority date earlier than a prevailing cut-off date
    been processed for final visa action. On the contrary, visa allotments
    are made only on the basis of the total applicants reported
    �documentarily qualified� (or, theoretically ready for interview) each
    month. Demand for visa numbers can fluctuate from one month to
    another, with the inevitable impact on cut-off dates.

    If an applicant is reported documentarily qualified but allocation of
    a visa number is not possible because of a visa availability cut-off
    date, the demand is recorded at VO and an allocation is made as soon
    as the applicable cut-off date advances beyond the applicant's
    priority date. There is no need for such applicant to be reported a
    second time.

    Visa numbers are always allotted for all documentarily-qualified
    applicants with a priority date before the relevant cut-off date, as
    long as the case had been reported to VO in time to be included in the
    monthly calculation of visa availability. Failure of visa number
    receipt by the overseas processing office could mean that the request
    was not dispatched in time to reach VO for the monthly allocation
    cycle, or that information on the request was incomplete or inaccurate
    (e.g., incorrect priority date).

    Allocations to Foreign Service posts outside the regular monthly cycle
    are possible in emergency or exceptional cases, but only at the
    request of the office processing the case. Note that, should
    retrogression of a cut-off date be announced, VO can honor
    extraordinary requests for additional numbers only if the applicant's
    priority date is earlier than the retrogressed cut-off date. Not all
    numbers allocated are actually used for visa issuance; some are
    returned to VO and are reincorporated into the pool of numbers
    available for later allocation during the fiscal year. The rate of
    return of unused numbers may fluctuate from month to month, just as
    demand may fluctuate. Lower returns mean fewer numbers available for
    subsequent reallocation. Fluctuations can cause cut-off date movement
    to slow, stop, or even retrogress. Retrogression is particularly
    possible near the end of the fiscal year as visa issuance approaches
    the annual limitations.

    Per-country limit: The annual per-country limitation of 7 percent is a
    cap, which visa issuances to any single country may not exceed.
    Applicants compete for visas primarily on a worldwide basis. The
    country limitation serves to avoid monopolization of virtually all the
    annual limitation by applicants from only a few countries. This
    limitation is not a quota to which any particular country is entitled,
    however. A portion of the numbers provided to the Family Second
    preference category is exempt from this per-country cap. The American
    Competitiveness in the Twenty-First Century Act (AC21) removed the
    per-country limit in any calendar quarter in which overall applicant
    demand for Employment-based visa numbers is less than the total of
    such numbers available.

    Applicability of Section 202(e): When visa demand by
    documentarily-qualified applicants from a particular country exceeds
    the amount of numbers available under the annual numerical limitation,
    that country is considered to be oversubscribed. Oversubscription may
    require the establishment of a cut-off date which is earlier than that
    which applies to a particular visa category on a worldwide basis. The
    prorating of numbers for an oversubscribed country follows the same
    percentages specified for the division of the worldwide annual
    limitation among the preferences. (Note that visa availability cut-off
    dates for oversubscribed areas may not be later than worldwide cut-off
    dates, if any, for the respective preferences.)

    The committee submitted several questions that fell outside of VO�s
    area of work, therefore, I have provided in my written testimony today
    the answers only to those questions that the Department of State can
    answer. Thank you for this opportunity.




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  • sury
    11-07 10:26 AM
    If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.

    Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule



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  • trucks55
    06-04 03:46 PM
    I had recent gt my in-laws visa stamped at chennai consulate, i has send my 3 months bank statements from my online statements..

    hope this help you ...




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  • himu73
    06-21 01:04 PM
    Hello,
    I dont see how they can ascertain whether case is complicated without opening it and doing some analysis. It would be only possible if they just hang a case in between after they open it or else one way is by weight (joking).
    They might have a weighing scale and lesser weight of the application simpler it is (HAHAHA)

    we can only guess

    i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc



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  • pakrish
    06-22 09:29 AM
    My laywer has adviced me that the skin test is mandatory




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  • Saralayar
    07-20 09:43 PM
    Yes, it's definitely a issue. Talk to your lawyer immediately.

    Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.

    I also did the same mistake. But when verifying before sending it to our immigration department, I found that I need to fill G325A. Then I filled the G325A and sent.



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  • eb3India
    09-25 04:40 PM
    it's creative idea thou ;), and there is no harm in trying

    on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,




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  • conchshell
    07-29 05:39 PM
    By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.

    Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.

    So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.

    So do we:
    1. Completely oppose amnesty to illegals immigrants currently living in USA
    2. Support amnesty to illegals immigrants currently living in USA
    3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
    4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
    5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.

    Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.




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  • ek_bechara
    10-13 03:31 PM
    The very first time I went in formals (for my F1 visa). After that I've been to the consulate seven times, and its always been in jeans and t shirt. Next time I'm thinking of going Tarzan style. It will save me the security hassle and will serve as a good respite from the Chennai heat.




    gcadream
    02-25 07:54 AM
    That is really cool man !!
    2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
    Thanks for sharing with us, lets see how the ball rolls out for me.




    Mumbai_girl
    12-02 12:06 PM
    Dear Friend:
    I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.

    This link should explain all your queries

    http://www.vfs-usa.co.in



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