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  • morchu
    05-13 09:50 AM
    I have no question about that. The immigration intent was proven at the time he filed 140.
    But intent is not something which stays forever.

    In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).

    I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.

    I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".

    "immigrant intent" is proven/shown when and if one files "immigrant petition"





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  • chanduv23
    08-02 05:55 PM
    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?

    thanks

    Same day passport collection - you gotta be lucky to get it on the same day.
    Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.

    You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.





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  • meridiani.planum
    08-09 05:45 PM
    Just A thought.

    It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.

    So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.

    then why is'nt NSC approving 2006 cases at the rate at which TSC is?
    Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.





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  • gsc999
    05-22 11:59 AM
    I had the same issue last year. Per their website
    (https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.

    I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.

    Below are the helpline numbers when calling from outside India:

    If you are calling from outside India, please call us at +91 44 4231 6767
    Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
    E-mailed queries are responded to Monday through Friday, within two working days.



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  • Anders �stberg
    July 19th, 2004, 01:35 AM
    Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!

    No, no, please don't change anything, I'm just kidding!!

    More semi-nudes would be cool though. :p





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  • sanjay02
    05-17 01:58 PM
    http://news.yahoo.com/s/ap/20070517/ap_on_go_co/immigration_congress

    WASHINGTON - Key senators in both parties and the White House announced agreement Thursday on an immigration overhaul that would grant quick legal status to millions of illegal immigrants already in the U.S. and fortify the border.

    ADVERTISEMENT


    The plan would create a temporary worker program to bring new arrivals to the U.S. A separate program would cover agricultural workers. New high-tech enforcement measures also would be instituted to verify that workers are here legally.

    The compromise came after weeks of painstaking closed-door negotiations that brought the most liberal Democrats and the most conservative Republicans together with President Bush's Cabinet officers to produce a highly complex measure that carries heavy political consequences.

    Bush hailed completion of the deal as a "historic moment," and said he looked forward to signing it into law, according to Homeland Security Secretary Michael Chertoff, who said he called the president to inform him of it.

    "Politics is the art of the possible, and the agreement that we just reached is the best possible chance we will have in years to secure our borders and bring millions of people out of the shadows and into the sunshine of America," Kennedy said.

    Anticipating criticism from conservatives, Sen. Arlen Specter (news, bio, voting record), R-Pa., said, "It is not amnesty. This will restore the rule of law."

    The accord sets the stage for what promises to be a bruising battle next week in the Senate on one of Bush's top non-war priorities. The president has said he wants to sign an immigration bill by summer's end.

    The key breakthrough came when negotiators struck a bargain on a so-called "point system" that would for the first time prioritize immigrants' education and skill level over family connections in deciding how to award green cards.

    The draft bill "gives a path out of the shadows and toward legal status for those who are currently here" illegally, said Sen. Dianne Feinstein (news, bio, voting record), D-Calif.

    The immigration issue also divides both parties in the House, which isn't expected to act unless the Senate passes a bill first.

    The proposed agreement would allow illegal immigrants to come forward and obtain a "Z visa" and � after paying fees and a $5,000 fine � ultimately get on track for permanent residency, which could take between eight and 13 years. Heads of household would have to return to their home countries first.

    They could come forward right away to claim a probationary card that would let them live and work legally in the U.S., but could not begin the path to permanent residency or citizenship until border security improvements and the high-tech worker identification program were completed.

    A new temporary guest worker program would also have to wait until those so-called "triggers" had been activated.

    Those workers would have to return home after work stints of two years, with little opportunity to gain permanent legal status or ever become U.S. citizens. They could renew their guest worker visas twice, but would be required to leave for a year in between each time.

    Democrats had pressed instead for guest workers to be permitted to stay and work indefinitely in the U.S.

    In perhaps the most hotly debated change, the proposed plan would shift from an immigration system primarily weighted toward family ties toward one with preferences for people with advanced degrees and sophisticated skills. Republicans have long sought such revisions, which they say are needed to end "chain migration" that harms the economy, while some Democrats and liberal groups say it's an unfair system that rips families apart.

    Family connections alone would no longer be enough to qualify for a green card � except for spouses and minor children of U.S. citizens.

    New limits would apply to U.S. citizens seeking to bring foreign-born parents into the country.



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  • sayantan76
    09-24 11:39 AM
    Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
    But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
    "WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!

    All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters





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  • chvs2000@yahoo.com
    08-17 10:05 PM
    ^^^^



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  • angelina
    07-03 05:23 PM
    http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/

    CIS has really outdone itself this time

    The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.



    According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.




    This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.




    The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.


    By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.




    Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.



    And people wonder why we have an immigration problem.



    This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.





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  • hoosier07
    07-25 05:37 PM
    You can apply for a duplicate with the form I-824.

    http://www.uscis.gov/files/form/I-824.pdf

    Thanks! Anyone done this before, I am wondering how long it would take for me to get a duplicate copy.



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  • abdulazeez77
    08-11 10:18 AM
    I think she has an I-797 for herself. Regarding I 539, do we need this? My new H1B will be valid until 2009.





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  • ImmigrationAnswerMan
    09-13 08:56 PM
    poorslumdog:

    1) File for a Travel Permit. It is preferable that PR's keep their trips abroad under 6 months if they can. If not then it is best for PRs to keep their trips under one year. PRs should not stay abroad for more than a year without a travel permit and should not let their travel permit expire while they are abroad if they do travel abroad for more than one year.

    2) Where someone gets their PR through employment, they should work for the employer for at least a few months after receiving their green card. This is because part of the process for applying for the PR was that they stated that they intended to work for the employer. However, where the person intended to continue employment with the petitioner, but there was a change in circumstances that caused the person to not continue working with the employer, this should be OK. However the person should be ready to explain to USCIS why they did not continue with the employer even though they intended to at the time they were granted their PR.

    3) PRs can travel abroad. However, they need to be able to continue to show their intent to reside in the US. Employment abroad can be used by CBP or USCIS to question this intent. However if the person is working abroad for their US employer, it should not be an issue.

    4, 5 & 6) See answers above.

    ** This information is of a general nature and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.



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  • HawaldarNaik
    12-17 04:42 PM
    Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....





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  • zCool
    04-02 11:39 AM
    Paystub is really required document in tax law.
    These are normally state subject and are guided and monitored by state labor law departments.
    Employers don't have a choice of deciding their own period of giving you paystubs.
    So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

    http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html

    If you don't get any response, 2 options:
    1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
    2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

    Put his name on the boards annonymously..



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  • Lasantha
    02-20 01:53 PM
    If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?

    But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.

    Also be ready for RFEs.

    I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters





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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.



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  • sonu9
    07-28 05:59 PM
    :mad:Hello Attorneys/ known guys,

    How are you doing ? i am new to here. i will fill all details soon. sorry for that.

    Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.

    Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.

    But my pemanent address is " X " only. I want to continue that for my full GC process.

    what my question is what i have to mention the address for my ead and ap renewal ?

    1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?

    2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know

    3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
    i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good

    4) If i put " Y " address i will get any RFE ?
    I really dont want that as my 485 was applied from " X " place.

    please answer . Thankyou in advance.





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  • smisachu
    01-12 03:53 PM
    I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.

    Please advise if I-94 has to be renewed or am I good as my H1 is valid.
    Thanks





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  • anilsal
    11-16 10:43 PM
    I think healthy trade/economic relationship with economic potential powerhouse INDIA is important for the US in the long term. That is why the deal was a done deal long long ago IMHO.





    reverendflash
    10-17 11:50 AM
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    When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

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    bsbawa10
    05-31 07:22 PM
    I am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.



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