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  • texcan
    08-04 09:29 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;


    My friend,

    Donot get angry, its not personal to you...but for the action.

    Please live your life and try not to find excuses to be unhappy.
    Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.

    Sorry to say these words to you, please donot mind and not take it personally.

    Be happy at least and spread some joy in community.

    See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
    http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f


    Please donate some time, money to IV...if not some cheer at least.





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  • wantgc23
    04-28 06:07 PM
    According to my lawyer, you can travel up until the last date on the stamp as long as you have a new 797.

    Please check with your own lawyer who would be familiar with your particular case for the best advice





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  • vandanaverdia
    09-11 12:11 PM
    Ordered ours & to be delivered in DC to another IV members address, as there was not enough time for it to be delivered to Seattle.
    I guess others facing the same problem can do so... There are local IV members... Pls pm or email them if you need help....





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  • glus
    06-07 08:08 AM
    The only option you have is to get into the U.S. and start working for the employer who sponsored your H-1B. After you establish that you work for the employer, you may start looking for another company, who can then do a transfer with H-1B extension for you, or you can ask your original employer to file extension of H-1B for you. In either case, you did not loose any of the 6 year time. The time starts counting after you enter U.S and are in H-1B status.



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  • vjkypally
    09-14 04:48 PM
    Seeing the interest for this Poll I think most 2004 cases are already approved. Remaining should be cleared this month or next month for sure.





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  • gc_eb2_waiter
    11-16 04:08 PM
    From immigration-law.com

    Senate Passed S. Res. 299 Recognizing Festival of Diwali

    On November 14, 2007, the Senate passed the following resolution:
    Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
    Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
    Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
    Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
    Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
    Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
    Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
    Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
    Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
    Resolved, That the Senate--
    (1) recognizes the religious and historical significance of the festival of Diwali; and
    (2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
    Congratulations to East Indians.

    :D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
    I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
    :D:D



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  • sanjay
    09-18 11:37 AM
    AILA Leadership Has Just Posted the Following:


    H.R. 3200: Sec 246 — NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.




    Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.





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  • bikram_das_in
    05-21 04:40 PM
    Doe anybody have any doubt who developed USCIS software?............ Loser's Guild.



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  • mariner5555
    05-27 06:57 AM
    why did they come out with this statement ? maybe to tell state dept not to do this in future ? for many it will take 5 years for the visas to be available ..say EB3 - I with PD of 2006 who was lucky enough to file for 485 during the fiasco ..





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  • GC092003
    10-09 02:06 PM
    I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?



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  • Project_A
    10-27 10:07 AM
    Thank you.

    If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
    Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

    Thanks a lot for your kind help.





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  • va_jan_03
    06-07 10:57 AM
    can't make it to DC, made a contribution.
    Transaction ID: 94R50453J99520901

    Good Luck !!!



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  • dvb123
    11-21 11:06 AM
    [Federal Register: November 21, 2007 (Volume 72, Number 224)]
    [Notices]
    [Page 65588]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr21no07-75]

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

    DEPARTMENT OF HOMELAND SECURITY

    U.S. Citizenship and Immigration Services

    [CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
    RIN 1615-ZA61


    Cuban Family Reunification Parole Program

    AGENCY: U.S. Citizenship and Immigration Services, DHS.

    ACTION: Notice.

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

    SUMMARY: This Notice announces U.S. Citizenship and Immigration
    Services' Cuban Family Reunification Parole Program. Under this
    program, U.S. Citizenship and Immigration Services is offering
    beneficiaries of approved family-based immigrant visa petitions an
    opportunity to receive a discretionary grant of parole to come to the
    United States rather than remain in Cuba to apply for lawful permanent
    resident status. The purpose of the program is to expedite family
    reunification through safe, legal, and orderly channels of migration to
    the United States and to discourage irregular and inherently dangerous
    maritime migration.

    DATES: This Notice is effective November 21, 2007.

    FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
    U.S. Citizenship and Immigration Services, Department of Homeland
    Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
    20529, Telephone (202) 272-1613.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In furtherance of the U.S.-Cuba Migration Accords, the United
    States endeavors to provide a minimum of 20,000 travel documents
    annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
    Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
    1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
    ``Migration Accords'')). In so doing, the United States offers a safe,
    legal, and orderly means of coming to the United States. To date, the
    majority of travel documents issued under the Migration Accords fall
    into one of three programs: family-based immigrant visas; refugee
    resettlement; and parole under the Special Cuban Migration Program,
    also referred to as the Cuban Lottery. For information on the Cuban
    Lottery, see http://havana.usinterestsection.gov/diversity_program.html
    .

    Two aspects of the existing array of migration programs limit the
    ability of the United States to effectively promote safe, legal, and
    orderly migration as an alternative to maritime crossings. First, with
    the exception of ``immediate relatives'' (e.g., spouse, unmarried
    child) of U.S. citizens (USCs), the number of family-based immigrant
    visas that are available in any given year is limited by statute. See
    Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
    U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
    long waiting periods before family members remaining in Cuba may rejoin
    the USCs and lawful permanent residents (LPRs) residing in the United
    States who petitioned for them. Second, the United States has not been
    permitted to hold a new registration period since 1998 due to
    constraints placed on the Cuban Lottery program by the Cuban
    Government. This greatly reduces the pool of individuals to whom the
    United States may issue travel documents.
    For these reasons, this Notice adds the Cuban Family Reunification
    Parole (CFRP) Program to the list of migrant programs based on which
    the United States issues travel documents under the Migration Accords.

    II. The CFRP Program

    Under the CFRP Program, USCIS may exercise its discretionary parole
    authority to permit eligible Cuban nationals to come to the United
    States to rejoin their family members. See INA section 212(d)(5)(A), 8
    U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
    for urgent humanitarian reasons or significant public benefit); see
    also 8 CFR 212.5(c) & (d) (discretionary authority for granting
    parole). Granting parole to eligible aliens under the CFRP Program
    serves the significant public benefit of enabling the United States to
    meet its commitments under the Migration Accords as well as reducing
    the perceived need for family members left behind in Cuba to make
    irregular and inherently dangerous attempts to arrive in the United
    States through unsafe maritime crossings, thereby discouraging alien
    smuggling as a means to enter the United States. Whether to parole a
    particular alien remains, however, a case-by-case, discretionary
    determination.

    III. Participation in the CFRP Program

    USCIS will offer participation in the CFRP Program to Cuban
    nationals who reside in Cuba and who are the beneficiaries (including
    any accompanying or following to join spouse and children (see INA
    section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
    ``Petition for Alien Relative,'' that has been approved, but for which
    an immigrant visa is not yet immediately available.
    Under the CFRP Program, USCIS or the Department of State's National
    Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
    petitioners whose Forms I-130 have been approved regarding their
    beneficiary's eligibility to participate in the CFRP Program and the
    procedures for requesting parole. However, participation in the CFRP is
    voluntary. If USCIS exercises its discretion to grant parole, it will
    issue the necessary U.S. travel documents to the beneficiary in Cuba.
    These travel documents will enable the beneficiary to travel safely to
    the United States to rejoin his or her family members.
    Participation in the CFRP Program is not available to aliens who
    qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
    INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
    not needed for these aliens, since they may seek visas for travel to
    the United States immediately upon the approval of Form I-130.
    Additional information about the CFRP Program will be posted at
    http://www.uscis.gov.


    Dated: November 15, 2007.
    Emilio T. Gonzalez,
    Director, U.S. Citizenship and Immigration Services.
    [FR Doc. E7-22679 Filed 11-20-07; 8:45 am]

    BILLING CODE 4410-10-P





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  • a_to_z_gc
    10-24 04:10 PM
    If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?

    Kindly advise...

    Thanks!

    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.



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  • vallabhu
    05-29 10:21 PM
    Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

    try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.





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  • gopinathan
    03-29 02:33 PM
    so much for FIFO ... they say that they are approving PERM applied in June/July 09 and anyone I know is getting their approvals by above rate only.. your friend's PERM must be an outlier in terms of approvals. mine is Feb 2010.. need to wait another few months before PERM approval :)

    My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..



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  • kevinkris
    05-08 02:43 PM
    05/08/2008: Fashion Model Nonimmigrant Visa Reclassification and Relief Legislation Inching Ahead - 05/08/2008 Mark-Up

    * Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.





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  • whattodo21
    05-03 10:24 AM
    Right.

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

    catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.





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  • hindu_king
    04-23 11:49 AM
    I am planning to change my apartment next week. Its same city same zip code just different apartment complex (got a better deal). I am working the same job, same profile no changes since filing my 485 in Aug 2007. I also received a RFE in July 2008 (at that time my PD was current) it was for BC for which I had submitted an affidavit from my parents since the original was in local language. For the RFE I did an notarized translation of the doc and submitted it. They had also asked for updated EVL with supporting paystubs W2. I sent that and the application has been pending since.

    The question I have is will this address change trigger another RFE?. Does any one have any such experience?

    I changed my address twice recently in a short period of time. Same state but different zip codes. I did not get any RFE's. I already got an RFE in Oct 2008 before I moved. There were Soft LUDs on my applications both the times but no RFEs. I dont think change of address will trigger RFEs.





    kumar1305
    01-23 12:35 PM
    Can you provide more details...?


    I work in south Florida. My employer is seriously involved in helping the people. They got a blood bank here and requested to donate. Even though I never did before, I thought it is much required now as I see many people are in the hospitals. They were even collecting the red blood cells sending plasma back in to the donor. This is done by some machine. But that was a bit painful and time consuming, I preferred to donate blood the tradition way. Money is collected by few employees on behalf of red cross and few other charities. So employees got some cakes, buns and you buy a piece for $10 or $20. Not only that we can donate our old usable clothing, blankets.





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    October 12th, 2003, 09:31 PM
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