boston_gc
09-24 08:21 PM
If you need to retain your PD, does the job description need to be similar or can it be different?
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go_guy123
07-14 12:45 PM
I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?
No issues. You can have EB, Family based and Diversity lottery GC (if applicable) simultaneously.
No issues. You can have EB, Family based and Diversity lottery GC (if applicable) simultaneously.
EndlessWait
05-21 01:35 PM
cmon anyone?? should IV contact Indian govt. Its now or never guys
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Libra
01-11 12:44 PM
insbaby, please send letters to President and IV, it may help us. It will take only 5 mins to sign a letter and mail it. please show your support for IV.
True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.
If you get it by 25, you have some years to go hit something for your life.
I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.
True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.
If you get it by 25, you have some years to go hit something for your life.
I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.
more...
sapota
07-16 04:43 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
anilsal
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
Isn't it the other way around?
Isn't it the other way around?
more...
akela
03-11 11:32 AM
Thanks buddy. That was the answer I was looking for.
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pady
06-18 07:17 PM
No, I don't have any agreement with my employer. The only noncompete is between my employer and the vendor. The client is happy to work through different vendor.
more...
sac-r-ten
02-25 03:44 PM
The title of this thread should be: "God of Cricket".
Don't believe me... Just Google (http://www.google.com/search?hl=en&source=hp&q=God+of+Cricket&aq=f&aqi=g1g-m2&aql=&oq=) with these words.:)
Nothing against you or that i don't agree or anything like that... but if you are from IT/Software you would know how to point search engine results to your site/sites.
But No doubt, Sachin's the best. And we are waiting for him to pull a WC2011 victory for us. Hail Tendlya.
Don't believe me... Just Google (http://www.google.com/search?hl=en&source=hp&q=God+of+Cricket&aq=f&aqi=g1g-m2&aql=&oq=) with these words.:)
Nothing against you or that i don't agree or anything like that... but if you are from IT/Software you would know how to point search engine results to your site/sites.
But No doubt, Sachin's the best. And we are waiting for him to pull a WC2011 victory for us. Hail Tendlya.
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eb3_nepa
02-03 12:36 PM
Hi guys,
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
more...
Wish_Good
05-05 12:41 AM
Hi Morchu,
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
Yes Please. File an h1 extension NOW. (Premium or not premium doesn't matter much, since you are in H1 status all the time, with proper pay-stubs and all.)
But having an H1 is especially safe in this particular situation.
I assume you have not exhausted your 6 year limit.
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
Yes Please. File an h1 extension NOW. (Premium or not premium doesn't matter much, since you are in H1 status all the time, with proper pay-stubs and all.)
But having an H1 is especially safe in this particular situation.
I assume you have not exhausted your 6 year limit.
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
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makemygc
08-03 10:22 PM
USCIS press release states that it has issued I-485 receipts upto July 11 2007
and for Texas upto June 26, 2007
Any link?
and for Texas upto June 26, 2007
Any link?
more...
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Sakthisagar
06-07 08:44 AM
Hi,
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
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Blog Feeds
08-08 09:40 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIw_erzcVY323dByG1wzjPeuo7RdG4eFE3fKbofusB2_hzYlMCnqmWhPlryNDEh98h-mHh9ib-7jaJv5KQLj1bY547yNZlRqLS8WO-jBAu5cHJY4d1kCWpGVbGGya-rP2PctQgdlIxj-E/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIw_erzcVY323dByG1wzjPeuo7RdG4eFE3fKbofusB2_hzYlMCnqmWhPlryNDEh98h-mHh9ib-7jaJv5KQLj1bY547yNZlRqLS8WO-jBAu5cHJY4d1kCWpGVbGGya-rP2PctQgdlIxj-E/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIw_erzcVY323dByG1wzjPeuo7RdG4eFE3fKbofusB2_hzYlMCnqmWhPlryNDEh98h-mHh9ib-7jaJv5KQLj1bY547yNZlRqLS8WO-jBAu5cHJY4d1kCWpGVbGGya-rP2PctQgdlIxj-E/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIw_erzcVY323dByG1wzjPeuo7RdG4eFE3fKbofusB2_hzYlMCnqmWhPlryNDEh98h-mHh9ib-7jaJv5KQLj1bY547yNZlRqLS8WO-jBAu5cHJY4d1kCWpGVbGGya-rP2PctQgdlIxj-E/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
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pradeepd
01-23 12:39 AM
Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
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vnsriv
07-20 03:32 PM
Can you not get a letter from your church/temple in India?
Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.
Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.
Excerpt from US Embessay
Religious Ceremonies
In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.
Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.
Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.
Excerpt from US Embessay
Religious Ceremonies
In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.
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Blog Feeds
07-13 12:48 PM
I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.
In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.
Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.
Proof of U.S. Citizenship
You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:
A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.
A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.
A copy of your unexpired U.S. passport. OR
An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)
In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.
Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.
Proof of U.S. Citizenship
You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:
A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.
A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.
A copy of your unexpired U.S. passport. OR
An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)
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Blog Feeds
02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEirteU0fqoWa9uDOHuTOizbIfbVerCx4-OGJahzocHYqRRJBnWnX7Savkjv404k6xUHW39ST2kdd0BwRMv6yzU5xaY7hoO3cPsbYkQwCqPOzRbuKOv4u-N8BKqO978H899GnuQXC-KVNDE/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEirteU0fqoWa9uDOHuTOizbIfbVerCx4-OGJahzocHYqRRJBnWnX7Savkjv404k6xUHW39ST2kdd0BwRMv6yzU5xaY7hoO3cPsbYkQwCqPOzRbuKOv4u-N8BKqO978H899GnuQXC-KVNDE/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEirteU0fqoWa9uDOHuTOizbIfbVerCx4-OGJahzocHYqRRJBnWnX7Savkjv404k6xUHW39ST2kdd0BwRMv6yzU5xaY7hoO3cPsbYkQwCqPOzRbuKOv4u-N8BKqO978H899GnuQXC-KVNDE/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEirteU0fqoWa9uDOHuTOizbIfbVerCx4-OGJahzocHYqRRJBnWnX7Savkjv404k6xUHW39ST2kdd0BwRMv6yzU5xaY7hoO3cPsbYkQwCqPOzRbuKOv4u-N8BKqO978H899GnuQXC-KVNDE/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
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blogger
06-24 10:01 AM
Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.
We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.
Will this cause any problem during background check?
We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.
Will this cause any problem during background check?
ghost
07-19 02:19 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form the bulletin is showing April2002. He says we are not eligible for that...
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
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