drirshad
05-26 11:01 AM
McCain Talks CIR
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
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snathan
05-12 07:07 PM
Yes he can apply EB-2 and claim experience gained from the same company as long as the new job description is 50% different from the current job position.
I don't have MS, my promotion job requirement was BS+7 Years out of which I claimed 2 years from the same company. Attorney had to prepare a document that shows the difference between the future job and the current. I had my labor approved without issues.
Normally you wouldnt have any issues during labor process. The EB2-Eb3 is more scrutinized only during the I-140 approval.
I don't have MS, my promotion job requirement was BS+7 Years out of which I claimed 2 years from the same company. Attorney had to prepare a document that shows the difference between the future job and the current. I had my labor approved without issues.
Normally you wouldnt have any issues during labor process. The EB2-Eb3 is more scrutinized only during the I-140 approval.
sendmailtojk
04-04 03:47 PM
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
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mhb
05-31 01:11 PM
doing it right now...
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amulchandra
05-10 02:16 PM
Actually I am using IE.
Thank you
Indira
Thank you
Indira
nosightofgc
08-16 07:53 PM
First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
more...
485Mbe4001
09-03 07:51 PM
This was discussed earlier, as far as I understand they cannot approve a case if the PD is not current. This is a part of the internal clean up where they will identify cases...no help for EB3 I/C with old PDs
-- I was a security check victim for 2yrs and 9 months
-- I was a security check victim for 2yrs and 9 months
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Gravitation
08-24 09:18 PM
I was alarmed to read the title and thought that it might render ac21 useless. But it's all about the merits of the original I-140 which would be the case irrespective of use of ac21.
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a_yaja
07-25 12:26 PM
Hi,
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).
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missedthecut
02-09 10:47 PM
I had the same problem couple of years ago and I live in california. My friend dropped me at the mexico border in san diego. Went to mexico and had my I94 changed till the visa expiration and came back to USA. Its very simple and you should not have any problem as you have valid visa.
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Jerrome
11-21 03:31 PM
you have mentioned that you were traveling from India to USA. So the staff took the i-94 which you NEWLY got after you landed in USA . If that is the case then it is a problem. Consult a lawyer. It is not stolen or lost.It may go to USCIS that you are going out of country.
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MerciesOfInjustices
03-25 09:09 AM
TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
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duttasurajit
10-17 11:41 AM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
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jnraajan
03-27 11:59 AM
No Volunteers yet :mad:
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simple1
05-11 01:49 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
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GCcomesoon
05-12 08:49 AM
Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
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thomachan72
05-12 01:24 PM
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:
Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:
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sumansk
09-28 04:44 PM
Its not ata ll meaningful....I just hate to see no order of processing taking place...still many guys with older filing dates waiting and guys filing as late as a week back gettign their receipts...system any where sucks man..
GOD REALLY NEED TO BLESS AMERICA....
GOD REALLY NEED TO BLESS AMERICA....
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shanti
02-24 10:35 AM
Thank you guys for your replies.
NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?
Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?
Thank you so much in advance.
NolaIndian32: I have a question, has your lawyer used the experience previous to filing for Labor as a justification to becoming a supervisor or whatever promotion you got? or did he include the experience post labor application?
Becks/Nolaindian32
Another question, I know that for changing the employer keeping the same labor before the I-485 stage that you need to prove same or similar, if that were the case and this is my info:
I came to US in December 2000 H-1B having 5 ys of previous experience, worked for employer A in U.S. from December 2000 until November 2003, joined employer B in December 2003 (another H-1B) where I am still working, then Employer B applied for my Labor in Feb 2005. IF that was the case for the I-140 stage of same or similar, how many years of experience can I use as gained in US? The three years with my first employer or those 3 plus the year that my current employer took to apply for labor in this case it would be four?
Thank you so much in advance.
iwantgc
05-08 10:51 AM
Thanks for your opinion.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
sankar_203
04-01 04:54 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
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