Wednesday, June 8, 2011

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  • ujjvalkoul
    07-19 11:24 AM
    Calculations do not matter. Its all politics. US Govt is playing us for fools. They will manipulate the numbers to suit themselves as and when they wish.





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  • raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.





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  • vparam
    10-31 11:25 PM
    Are you sure that you do not fall in any of the 4 category, since one refers to date of birth...





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  • KRS
    01-20 02:18 PM
    This was a surprise and nice one at that!! Hopefully future VB does the same :p



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  • Mariah Carey delivered two



  • jonty_11
    02-05 01:44 PM
    I guess the old labor will be invalid by now as it has been already been over 45 after approval.
    Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")

    What do you mean by how can you bear the expenses. What a ?
    Do what your company A is asking. I don't think that company A would file it for free.

    Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
    Is the 45 day approved labor validity Rule already in place?





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  • Ramba
    07-29 12:55 PM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).

    As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.

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



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  • julsun
    01-03 12:55 PM
    From what you say do you mean your wife now has no current visa status?
    If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

    If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

    Yes she not current visa status :-( Thats why I am worried about her travel plan.





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  • Shoes for Mariah Carey#39;s twins



  • jambapamba
    08-03 07:34 PM
    Hi experts,

    Can someone help me in this regards. Awaiting eagerly for ur expert comments.


    Regards

    Now I see why you keep asking the same question...you started the thread.

    Ok, here you go...
    1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
    2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).



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  • and aby mama Mariah Carey



  • aroranuj
    09-09 11:20 AM
    Hello Everyone,

    It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
    --------------------------------------------------------------------------
    BACKGROUND & TALKING POINTS
    --------------------------------------------------------------------------

    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
    Please use the instructions provided below to make the phone calls.

    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters

    2) If they are not available leave a VM for them -

    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    To Democrats: More people will be able to get their citizenship in reasonable times.

    To Republicans: Companies will be able to attract more talent which improves economic performance."

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.

    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
    support.

    The list of key representatives along with their contact information is provided in this post.

    --------------------------------------------------------------------------

    If asked please say that you are a member of Immigration Voice.

    -------------------------------------------------------------------------

    If the staffer ask - "did you call the representative in your area", say that -

    "Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."

    Democrats

    Zoe Lofgren, California (202) 225-3072
    Sheila Jackson-Lee, Texas (202) 225-3816
    Maxine Waters, California (202) 225-2201
    Bill Delahunt, Massachusetts (202)-225-3111
    Robert Wexler, Florida (202) 225-3001
    Linda T. S�nchez, California (202) 225-6676
    Steve Cohen, Tennessee (202) 225-3265
    Hank Johnson, Georgia (202) 225-1605
    Betty Sutton, Ohio (202) 225-3401
    Luis Gutierrez, Illinois (202) 225-8203
    Brad Sherman, California (202) 225-5911
    Anthony D. Weiner, New York (202) 225-6616
    Adam B. Schiff, California (202) 225-4176
    Artur Davis, Alabama (202) 225-2665
    Debbie Wasserman Schultz, FL (202) 225-7931
    Keith Ellison, Minnesota (202) 225-4755
    Tammy Baldwin, Wisconsin (202) 225-2906

    Republicans

    Lamar S. Smith, Texas (202) 225-4236
    Jim Sensenbrenner, Wisconsin (202) 225-5101
    Howard Coble, North Carolina (202) 225-3065
    Elton Gallegly, California (202) 225-5811
    Bob Goodlatte, Virginia (202) 225-5431
    Steve Chabot, Ohio (202) 225-2216
    Dan Lungren, California (202) 225-5716
    Chris Cannon, Utah (202) 225-7751
    Ric Keller, Florida (202) 225-2176
    Darrell Issa, California (202) 225-3906
    Mike Pence, Indiana (202) 225-3021
    Randy Forbes, Virginia (202) 225-6365
    Steve King, Iowa DO NOT CONTACT
    Tom Feeney, Florida (202) 225-2706
    Trent Franks, Arizona (202) 225-4576
    Louie Gohmert, Texas (202) 225-3035
    Jim Jordan, Ohio (202) 225-2676





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  • Mariah Carey gave birth to two



  • srikondoji
    06-18 08:44 AM
    Lou Dobbs exposed...:rolleyes:

    Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.

    http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml

    He is known for bashing outsourcing and always made up statistics how outsourcing was not cost effective.
    He has also compared how a job of one person is done by 10 people in Asian countries but cared less to inform the general public that cost of labor for 10 is less than that of one person here in united states.

    --sri



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  • Mariah Carey#39;s twins names



  • Shivani
    02-23 11:36 AM
    Hey,

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani:)





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  • Awwww, how cute Mariah Carey



  • softcrowd
    10-02 03:21 PM
    If I-140 is withdrawn by the employer, one can not port the PD.



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  • Mariah Carey#39;s Child amp; Family



  • gcformeornot
    08-09 11:08 AM
    People filed on July 2nd are still not getting check cashed. July 19th is like a light year ahead man.





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  • Mariah Carey gave birth today



  • karanp25
    07-13 08:01 PM
    ski_dude12, u r just inviting trouble for urself by not keeping uscis in the loop. I assume u lost ur night's sleep looking for the valid source of my earlier comment? keep looking.

    I will continue shooting "off my hips" .... i think i may have missed it this time...

    Are you sure about that? Can you give your source that says

    "You have to inform them of every small move even after citizenship is approved".

    If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.



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  • Mariah Carey is due to deliver



  • dan19
    02-20 10:30 AM
    Hello all,

    My I-140 (EB3) is already approved through my present company.

    I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.

    My case is like this:
    PD: 2002-Oct India/ROW
    Category: EB3
    H1 (6 year ends): June 2008

    My questions are:

    1. First and foremost - can I change my job as I am entering the 6th year of H1?

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.


    Thanks,
    Dan





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  • gcwait2007
    12-21 08:23 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance



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  • mariah carey pregnant Mariah



  • sayantan76
    12-18 01:08 PM
    Hello all:

    I have few questions related to my travel plans to India. We will be leaving in January 2009.

    We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
    My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.

    1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.

    2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.

    3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?

    I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!

    RPH
    my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum

    http://www.netherlands-embassy.org/visainquiry.asp





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  • rahul2699
    05-20 08:01 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    and your question is?





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  • Mariah Carey Teases Baby Names



  • deekay
    06-21 11:57 AM
    I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

    I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

    I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

    Thanks





    skumar9
    10-02 10:26 AM
    Can you please give me ur contact details atleast ur maild id, as im also planning to go Nogales for stamping... and i need your help...





    chanduv23
    09-16 01:17 AM
    Yes Everyone

    Bring Uncles And Aunts
    Bring Wife And Children
    Bring Cousins
    Bring Friends
    Bring Girlfriend/boyfriend

    We Need You All -

    Everyone To Dc



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