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  • dskhabra
    02-23 02:38 PM
    Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.





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  • insbaby
    05-04 06:00 PM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.

    -

    There are few steps you have to follow:

    1. As the previous post says, report to the nearest police station and get the number.

    2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp

    3. Go to their website, and there is an emergency number/lost passport number, call and inform them.

    4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
    They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.

    5. Inform USCIS the same and get guidance from them.

    The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.

    Always keep the copy of the scanned passport at hand when going out.

    Good luck.





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  • psaxena
    06-26 06:22 PM
    '^^^^^^^^^^^^^^^





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  • gc28262
    07-15 05:43 PM
    This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.

    Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.

    Here is the memo

    http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF

    Here is what Ron Gotcher said:
    I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.

    Here is another link:
    http://immigrationvoice.org/forum/506251-post13.html



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  • StarSun
    04-12 09:24 AM
    Please send in your questions for this week (Thursday, Apr 14th) to ivcoordinator@gmail.com





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  • kangaroo70
    08-17 09:29 PM
    meet_rayhan:

    how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.



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  • cdeneo
    01-05 03:56 PM
    Hi there,

    I need your advise - have an issue with travel back to the US.

    My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

    I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

    Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

    I would really appreaciate any advise you can provide to my query. Thanks!





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  • cdeneo
    03-04 07:59 PM
    Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...

    Thanks!



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  • conchshell
    06-13 02:02 PM
    One more state chapter .... go ahead guys .....





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  • qisolu917o
    03-22 10:05 PM
    to be severe with oneself and lenient with others.As for me, all I knew was that he was good to me and had a big brown and black German shepherd, Susie, that he brought to play with me. Susie was a big part of my childhood, and started my lifelong love affair with dogs.Mother and Roger got married in Hot Springs, in June 1950, shortly after her twenty-seventh birthday. Only Gabe and Virginia Crawford were there. Then Mother and I left her parents home and moved with my new stepfather, Come and buy world of warcraft power leveling (http://www.u4game.com/Wow_Power_Leveling.html), cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! whom I soon began to call Daddy, into a little white wooden house on the south end of town at 321 Thirteenth Street at the corner of Walker Street. Not long afterward, I started calling myself Billy Clinton.My new world was exciting to me. Next door were Ned and Alice Williams. Mr. Ned was a retired railroad worker who built a workshop behind his house filled with a large sophisticated model electric-train setup. Back then every little kid wanted a Lionel train set. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) Daddy got me one and we used to play with it together, but nothing could compare to Mr. Neds large intricate tracks and beautiful fast trains. I spent hours there. It was like having my own Disneyland next door.



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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!





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  • miamivice4u
    04-10 07:40 AM
    But he can not loose our hopes, remember this, for the american people legal inmmigration is Green Card holders, if you are a temporary worker is like they are telling you hurry up pack your things and get back to your place, and the congress will try to work legal and illegal immigration at the same time, probably they will increase visas, but anyways the point is who is making noise in the streets? illegals and their supporters. In my case i contact my senator and my congressman every month asking to please help with comprehensive immigration reform, to help us to create legislation on name check so we do not have to wait years, and well all of them are republicans but all of them are immigrants so they know our pain.



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  • akilaakka
    03-09 11:15 AM
    Stuck no longer in the muck,

    i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.


    I will PM you with my contact info.

    Thanks
    Ramkrishnan





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  • texcan
    09-25 02:06 PM
    How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
    sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)

    HTH



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  • SertTurk
    07-18 01:51 PM
    Hello,

    I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
    My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
    Can someone confirm this?
    Is there a solution?
    Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)





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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.



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  • gsee
    07-01 03:33 PM
    I think there is another option too. If she can get in touch with a hospital here, she can come directly for fellowship after which she will have to practice within the same hospital. Some specialties like Radiology and Pathology give you unrestricted license to practice anywhere in US after putting up with the fellowship for certain number of years (5 years in case of radiology). Please check this fellowship option with others who might be more knowledgeable.





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  • Dhundhun
    06-21 03:49 PM
    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

    For I-485 Applicant, it is not of much significance.
    At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.

    So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.

    Please post your experience afterwards.





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  • Aah_GC
    07-11 05:01 PM
    You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!

    PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now


    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.





    senthil1
    09-08 09:25 PM
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    Any News on Schumer's Labor Day announcements?





    immm
    07-08 03:44 PM
    http://www.cnbc.com/id/19638235/site/14081545/page/2/

    Interview Transcript: Condoleezza Rice
    Topics:Iran | Iraq War | Iraq | China | Politics & GovernmentBy CNBC.com | 06 Jul 2007 | 05:47 PM ET Font size:

    Dr. RICE: I think there's a reason for that, Maria, and of course, it has to do with the great military power of the United States, the great economic power of the United States, an economy that is the envy of every economy in the world. But it also has to do with the American example. People look to America and they see a place that is multiethnic in character, where you can be a German-American from a couple of--a century ago, or you can be Mexican-American, you can be African-American and you're still American. And that multiethnic character of America is very attractive to people. They also see a place where you get ahead, not because of where you came from, because--but because of where you want to go. And an educational system that is open and where people achieve on merit. There is much that attracts the world to America. Even if they don't like American policies, this is the place that people want to send their kids to school, this is the place that people still want to come and find their futures. America's still a very, very powerful symbol and a very important place of leadership for the world.

    BARTIROMO: And yet some people say protectionism continues to seep in. The Dubai Ports deal could not go through, Unocal was unable to get acquired by CNOOC, there is difficulty in obtaining visa. How can we change that perception?

    Dr. RICE: Well, it is absolutely the case that we have to defend what has made us great, and that is to be a place that is open to people from around the world. We've worked very hard here at the State Department, for instance, to improve the ability for students to get visas to the United States.

    There's no doubt that after September 11th, there was a downturn in the number of foreign students coming to the United States. It was harder to get here if you were a business traveler. We still have work to do but I think we're making improvements, working with the tourism industry, working with business, to try to make sure that people who are trying to come to the United States can come to the United States. We need to fight protectionism with everything that we have because when there's a level playing field and when you have open markets and when free trade is flourishing, American workers, American farmers, Americans are going to benefit. When the international economy is growing as a whole, I will put my bets on American industry, American workers, American farmers, to get more than their fair share of that open market. But if we become protectionist and we become closed, then we are going to really undermine our own economic strength.

    It's true that we have to do more to help prepare Americans for the jobs that are available. I've been, myself, very concerned about education, both at the primary and secondary levels, and keeping our universities open to the widest variety of people. I'm concerned about math-science education in the United States. Too few engineers being trained here. I come, Maria, you know, now from the Silicon Valley, a place that one in every 10 patents in the country has come out of--in the world has come out of. We have to make sure that we are keeping and strengthening our great advantages. But if we close ourselves off, we're all going to suffer.

    BARTIROMO: And Europe is becoming more formidable. You've got China and India strengthening, we've got new leadership throughout Europe. Tell me how the new political face of Europe will impact American business.

    Dr. RICE: Well, the political face of Europe is one that has said very clearly that it wants cooperation and friendship with the United States. I was just in France and met with President Sarkozy. He made very clear that he believes in Franco-American cooperation. We have excellent relations with Chancellor Merkel in Germany, and of course, we ill have great relations with Great Britain. Those countries that are the strongest countries in Europe, together with our friends in--that have just come to Europe, Poland, the Czech Republic, the countries of East Central Europe, I think, make for a very favorable environment politically for the United States, because there we have very good partners who share our values, who are helping us to carry some of the burdens of international concerns, international problems. And I feel very good about our future with Europe.

    BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?

    Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
    BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?

    Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.

    Dr. RICE: But we need immigration as well. The ceilings have been set.
    They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.



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