Friday, July 22, 2011

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  • jthomas
    05-27 02:01 PM
    Is it legal to make photocopies of your passport in the US? They dont do it in FEDEX Kinkos etc., Ofcourse you can print it in your house.

    I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..

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  • cps060
    01-31 04:48 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.

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  • coopheal
    04-10 04:56 AM
    Visa Bulletin for May 2010 (

    The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
    Can this happen to EB3-I India as well??

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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (


    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....


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  • WeldonSprings
    02-13 05:12 PM
    By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of Indian Goods sold there!!!


    Skilled immigrant not mucho good googling....:D

    The Indian Consulate, New York, provides information on the relevant
    Visas. It appears you will have to apply for an Employment Visa. There
    is detailed information on the page and a Visa Application Form. I
    note there is also a Journalists Visa which is for three months. I
    don?t know if this is applicable to your situation.

    This is some of the relevant information.

    EMPLOYMENT VISA: Employment visas are initially issued for one-year
    stay. A copy of the contract with the employer has to be enclosed.
    Kindly note that Employment Visa is given only for jobs that require
    very high level of skills and expertise. This can be extended by
    Foreigners Regional Registration Office in India, if the job contract
    continues. Spouses and children are granted co-terminus entry visas on

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  • kicca
    09-28 02:21 PM
    just found this interesting link about doing business in the world

    it's on


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  • rajuseattle
    07-14 05:31 PM

    You should have wait for at least 6 months before switching jobs.

    You can talk to the attorney who can give you some advice on AC-21.

    Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.

    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.

    Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.

    USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.

    Hope this helps...I am not an attorney, but thought my few cents might help you.

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  • Imm_Exploited
    03-15 09:52 PM
    I wonder who wants to take credit for the elimination of the labor substitution provision that has been (mis) used by the immigrant community as well as some employers. Labor substitution was one of the reasons for the back and forth of priority dates movement. Thankfully, effective July 2007, the labor substitution rule has been eliminated.

    The immigration system was more of screwed-up one till March 2005 (not that it is no more a screwed-up system now) when the PERM was introduced. With the introduction of PERM, the priority dates were common for EB labor certification nation-wide. Prior to March 2005, we had a screwed-up policy of state-wise labor-certification backlog where those who filed from states like Maine or Nebraska had an advantage of getting not only the approval of labor certification (form ETA 750-A/750-B or ETA 9089) faster but also having the Green Card in hand much sooner than those who filed from other states.

    Though the introduction of PERM, removal of labor-substitution, and the 180-day rule for name check have noteworthy and life-saving benefits for immigrants, there needs to be more transparency from DOS/USCIS on how the EB GCs are allotted or wasted unused.



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  • perm2gc
    01-16 06:08 PM
    Guys please post any websites/forum where we can post our message.I will post it.I have already done in many websites but missed a few that are non-english.

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  • BlueSunD
    02-16 05:56 PM
    count me in too! :) Just started today, but i'll see if I post some wip screens.


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  • dixie
    12-28 08:26 AM
    Just transited through hong kong on Cathay Pacific. No transit visa required -Whats more they even gave me a 2 weeks visitor visa to take a tour of HK - my layover time was more than 6 hours.
    God Bless Asian countries :

    Singapore - Never heard of transit visa
    Bangkok - Never heard of transit visa
    Seoul - Never heard of transit visa
    Tokyo - They may introduce it soon as they think they are western country

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  • desi485
    03-16 12:50 AM
    who the hell is asking you to???!!! and anyhow, you are probably not good enough to work with me anyways.....

    kyun, sach padh kar buraa laga??

    I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like they don't know what the scam is!!!

    i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.

    goodnite, take care, pleasant dreams!

    fyi - i m not in eb3 category and I work for a fortune 100.

    this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p


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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    :) Working with attorneys to get the papers ready....

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  • gc_chahiye
    09-24 01:11 PM
    I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
    Please Guide Me


    you dont have to do anything. Based on your L2 petition you will get an I-94
    valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?


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  • psk79
    07-18 07:38 AM
    Hi Guys,

    Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."

    I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.

    So please post your information as to when your app is received at USCIS.

    Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.


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  • Jaime
    09-10 04:23 PM
    Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!


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  • desi3933
    07-09 04:13 PM

    This document gives lot of legal details, states what the lawsuits exactly is..

    P.S : I Think its just filed, not accepted by the court as of now

    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.

    Not a legal advice.

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  • thesparky007
    02-17 06:15 PM

    uhhh, look at the post in the very first part of the thread i set up this (http://%0a link for a list of a bunch of 3d programs varying from free to over 5k
    thx man!

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  • greyhair
    03-12 11:44 AM
    I completely agree with you. By the way, why are you not a donor?

    I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.

    04-09 12:13 AM
    It is very strange, even if it is true. Was he coming to USA for the first time ? I think if he is into US even with 5 days of I-94, he could probably go to the local USCIS office and furnish evidence for extension I hope.

    09-11 08:38 AM
    I am in for this. Is this something that can be a planned effort rather than a impulsive exercise?

    I think we should -
    1) Wait till this session of the Congress gets over.
    2) Form a work group that will chalk out the plan (of efforts).
    3) Execute the planned efforts.

    Efforts could include things like -
    1) Discussing the proposal with supporting Senators like Zoe Lofgren.
    2) Making conscious efforts to publicize our woes and genuine issues / conditions.
    3) Quantify the benefits of our presence - in evidence of a quantified evidence, idiots like Loo Dog, etc. can't refute that much.
    4) Talk to organizations like Lazaras (or some org.) form a more cosmopolitan group including Chinese and others as well.
    5) Letter campaign in mass to all Congressmen's offices telling them the sad story about waiting for 8-10 years.
    6) Any other efforts that CORE comes up with.

    Planned & focused efforts always yield desired results... I believe so.

    Others, please chime in.


    There are some of us at this thread that are trying to address the latest retrogression and highlight USCIS inefficiency at this thread:

    Could we get together and put together our grievances? My letter to the Ombudsman (pending editing and re-writing) focuses on the random nature of approvals and the back and forth movements of the Visa Bulletin.

    Please comment!!


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