вторник, 14 июня 2011 г.

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  • Kodi
    08-22 01:59 PM
    I actually went over something similar with my lawyer. I'm currently on H4 and just yesterday received my EAD valid for 2 years. My husband is renewing his H1 next month. And initially I was hoping I wouldn't have to renew my H4 again and save the $$. But my lawyer says I should renew my H4 so that incase something goes wrong with my I-485 I won't go out of status as I have the H4 eventhough I'll be working on EAD. And he said if I travel I should not use the AP to re-enter. So it means my H4 will not get canceled even if I work on EAD.




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  • plassey
    08-04 07:11 AM
    Receipt Number: LIN0722450002

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On August 2, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.




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  • immm
    07-07 01:45 PM
    (Admins, please delete this thread if already covered)

    http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html

    Our View: Feds play games with immigrants
    They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
    Last Updated: July 7, 2007, 03:16:02 AM PDT

    If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
    Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.

    But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.

    This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.

    Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.

    The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.

    It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.

    In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.




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  • gc_kaavaali
    06-27 02:20 PM
    Can you please provide below details

    when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?

    Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!



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  • pp2007
    11-15 11:14 AM
    which city in TN?




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  • mikrupee
    05-02 11:58 AM
    I am in similar situation.
    I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.

    I am thinking to change cannot continue hoping for GC and EAD

    Take advice from Laywer



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  • SunnySurya
    07-13 12:49 PM
    Reading your post, it seems that it is better for me to do nothing (option A).
    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.




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  • parimmigv
    10-08 06:05 PM
    Thanks for detailed responses.



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  • backtoschool
    01-10 06:30 AM
    Friends,

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.

    Outcome:

    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time




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  • Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?

    No.

    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically
    approved?

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.


    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
    investor?

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.




    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)



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  • apb
    08-01 07:13 PM
    May be She will get the receipt number of her RFE in next 30 days.
    Guys there are many many july 2nd filers in queue..:-) She has to wait..She knows :-)




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  • akhilmahajan
    06-27 12:25 PM
    I think dec 2006 must not be a mistake, as thats the date they are showing they are working on............



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  • apatel_17
    04-27 10:57 AM
    does anyone know when CIR will be discussed in the house and in the Senate?

    Senate taking it up in the last 2 weeks of May. House has not scheduled debate on CIR yet, I believe. Supposedly this is the quiet before the storm. I believe a lot of backstage deal-making and negotiating is going on to get bipartisan support for CIR.




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  • vxg
    12-31 01:57 PM
    See my answers. WE just came back on AP, no issues.
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    YES
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    NO
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
    In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.

    Your help is greatly appericated.

    Thank you.



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  • vikki76
    01-15 11:53 AM
    Thanks for replying everyone.I will forward this information .




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  • shukla77
    06-12 10:07 PM
    Got exact the same RFE for me and my wife. Will see what happens next week.



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  • GCapplicant
    07-18 10:12 AM
    I agree-If USCIS wanted to reject atleast we would have heard some cases by now.
    Even if they have done so after July 2 we will hear soon within a week from now on atleast.
    If it have happened we still will have time to refile till Aug 17.
    So hopefull there shouldnt be any problem.cross the fingers so we can be safe.
    we dont have the medical paper or the original I140 to refile.We will wait and see.




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  • stucklabor
    03-11 12:12 PM
    Thanks buddy. That was the answer I was looking for.

    No probs, we owe as much for all the hours you have put in with the EB number analysis.

    But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.




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  • go_guy123
    07-14 09:51 AM
    easy way out :) mexico to san diego

    Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.




    lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    ...
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.




    Wish_Good
    05-02 01:53 AM
    Hi Attorney,Senior People, Gurus,

    Iam really need of advice. Please
    give me your valuable Suggestions/Advice.

    Thanks in Advance.
    Wish_Good



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