pnjbindia
07-20 12:08 AM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
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sac-r-ten
03-29 01:03 PM
Sorry about your situation. Its really sad with kids here. I would say submit whatever letter vendor's providing. If that doesn't work, then client needs to force the vendor/employer to give copy of the contract/SOW.
hope you get its resolved soon and get back to your family.
thank you.
hope you get its resolved soon and get back to your family.
thank you.
Blog Feeds
09-29 08:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhm90xI4O0f1PTSbxQ4IY6lxW3Eo7G6Ax-xdatHMK0adoUWygunXOJmzOqDQq6eqBJ2XrKO68ZjzPn-mDv4hL1jtTfLaKHSVtu0WsqQL6fQyblvIwiexCoFxm2_6J9zOGCJf9VieMEhSBU/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhm90xI4O0f1PTSbxQ4IY6lxW3Eo7G6Ax-xdatHMK0adoUWygunXOJmzOqDQq6eqBJ2XrKO68ZjzPn-mDv4hL1jtTfLaKHSVtu0WsqQL6fQyblvIwiexCoFxm2_6J9zOGCJf9VieMEhSBU/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhm90xI4O0f1PTSbxQ4IY6lxW3Eo7G6Ax-xdatHMK0adoUWygunXOJmzOqDQq6eqBJ2XrKO68ZjzPn-mDv4hL1jtTfLaKHSVtu0WsqQL6fQyblvIwiexCoFxm2_6J9zOGCJf9VieMEhSBU/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhm90xI4O0f1PTSbxQ4IY6lxW3Eo7G6Ax-xdatHMK0adoUWygunXOJmzOqDQq6eqBJ2XrKO68ZjzPn-mDv4hL1jtTfLaKHSVtu0WsqQL6fQyblvIwiexCoFxm2_6J9zOGCJf9VieMEhSBU/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
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spicy_guy
04-26 12:24 PM
we live in Chicagoland. PM me if you would like to talk.
Hi Evildead,
Can you check your PM pls?
Hi Evildead,
Can you check your PM pls?
more...
senk1s
10-25 04:49 PM
RFE is basically 'looking for proof /more information'
Wait for that then you'll know what they are looking for
-and lately 'anything' is very normal :(
Wait for that then you'll know what they are looking for
-and lately 'anything' is very normal :(
juz4forums
07-20 04:10 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
more...
onemorecame
07-25 11:45 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
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panday
11-21 09:44 AM
HI everybody,
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
more...
shreekhand
07-29 10:55 AM
Is your "baby" 21 yrs old yet ;) if not wait before before it turns 21 for sponsorship!
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kumar1
08-05 06:43 PM
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
I must tell you......I loved your response.
I must tell you......I loved your response.
more...
Chiwere
07-29 08:07 PM
Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.
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LostInGCProcess
09-18 04:25 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
more...
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acepb
04-16 12:06 PM
...on your news...and thanks for your continued commitment to IV!
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ashkam
04-22 08:51 AM
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.
more...
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ebizash
07-23 12:16 PM
Don't mean to hijack this thread but since my question is related to AP renewal I thought I would. OP if you have problem with this question, let me know and I will delete this post.
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
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seba
02-08 12:41 AM
Arjun, thanks for clarifying those things. I have a couple of final questions before I book my trip if you could please help me again.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
more...
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imm_pro
06-13 05:09 PM
Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus
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sanju_dba
09-14 03:47 PM
You started working for Company B before or after the H1 transfer receipt notice ?
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
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vineet
01-17 07:32 PM
Heard about a similar issue with the EAD for a colleague at work today. Will let you know what the company lawyers recommend him to do....
-Viny
-Viny
jkays94
05-04 02:17 PM
COOPER: Along the gulf coast today, First Lady Laura Bush was a very big hit. The one-time librarian zeroed in on an enormous need. Katrina destroyed library collections throughout the region. Mrs. Bush came with a gift of half a million dollars from her foundation's gulf coast library recovery initiative. CNN's John King caught up with her. They talked polls, anthems and immigration.
(BEGIN VIDEOTAPE)
KING: One of the debates in the country right now is about immigration reform, illegal immigration. And one of the controversies is this new Spanish language version of the national anthem. Your husband the president said he thinks it should only be in English. But if you go to the State Department website, you can find it in I think four languages. Secretary Rice said she's heard a rap version of the national anthem.
LAURA BUSH, FIRST LADY: We've all heard a lot of different versions like at the Super Bowl every year. I don't think there's anything wrong with singing it in Spanish. The point is it's the United States' national anthem. And what people want is it to be sung in a way that respects the United States and our culture.
KING: Is that an issue on which you disagree with your husband, he says it should be sung in English?
BUSH: Well I think it should be sung in English, of course.
KING: But you also said it -- BUSH: But you know it's like reading hymns in the hymnal. I love it when I look at the bottom of "Amazing Grace" and there are the words in the Methodist hymnal in Swahili. I think that's great.
KING: Another by product of these demonstrations has been crowds of tens of thousands, many of them holding the Mexican flag. Even supporters of their cause say they find that offensive. That it's the United States of America, if you want rights, if you want status in the United States of America, don't be waving a Mexican or an El Salvadorian, some other country's flag in our face. Do you agree with that?
BUSH: I think this is a very, very sensitive issue that immigration is. A lot of people have stood in line for a long time and done everything they can do to be accepted as legal citizens of the United States. And it's unfair to think that other people will have the chance to get in front of them when they've abided by the rules.
KING: As you know, voter anger, the country's anger at what they perceive to be a slow federal response is one of the reasons your husband's poll ratings have slumped considerably. He's now in the mid-30s in most poll ratings. They're using the term in Washington, many are, "lame duck." He can't like that.
BUSH: No I'm sure he doesn't like. I don't like that either, obviously. When you're elected for a second term, and there are term limits, then of course you start off in some ways as the lame duck. I still know that my husband's going to be very effective and has been very effective and that his agenda that he ran on in the last election in 2004, he will be able to get through. We have a lot of problems. We have -- there are a lot of challenges facing our country. Besides, obviously, this major challenge of the devastated gulf coast.
(BEGIN VIDEOTAPE)
KING: One of the debates in the country right now is about immigration reform, illegal immigration. And one of the controversies is this new Spanish language version of the national anthem. Your husband the president said he thinks it should only be in English. But if you go to the State Department website, you can find it in I think four languages. Secretary Rice said she's heard a rap version of the national anthem.
LAURA BUSH, FIRST LADY: We've all heard a lot of different versions like at the Super Bowl every year. I don't think there's anything wrong with singing it in Spanish. The point is it's the United States' national anthem. And what people want is it to be sung in a way that respects the United States and our culture.
KING: Is that an issue on which you disagree with your husband, he says it should be sung in English?
BUSH: Well I think it should be sung in English, of course.
KING: But you also said it -- BUSH: But you know it's like reading hymns in the hymnal. I love it when I look at the bottom of "Amazing Grace" and there are the words in the Methodist hymnal in Swahili. I think that's great.
KING: Another by product of these demonstrations has been crowds of tens of thousands, many of them holding the Mexican flag. Even supporters of their cause say they find that offensive. That it's the United States of America, if you want rights, if you want status in the United States of America, don't be waving a Mexican or an El Salvadorian, some other country's flag in our face. Do you agree with that?
BUSH: I think this is a very, very sensitive issue that immigration is. A lot of people have stood in line for a long time and done everything they can do to be accepted as legal citizens of the United States. And it's unfair to think that other people will have the chance to get in front of them when they've abided by the rules.
KING: As you know, voter anger, the country's anger at what they perceive to be a slow federal response is one of the reasons your husband's poll ratings have slumped considerably. He's now in the mid-30s in most poll ratings. They're using the term in Washington, many are, "lame duck." He can't like that.
BUSH: No I'm sure he doesn't like. I don't like that either, obviously. When you're elected for a second term, and there are term limits, then of course you start off in some ways as the lame duck. I still know that my husband's going to be very effective and has been very effective and that his agenda that he ran on in the last election in 2004, he will be able to get through. We have a lot of problems. We have -- there are a lot of challenges facing our country. Besides, obviously, this major challenge of the devastated gulf coast.
reddyram
07-18 03:24 AM
That is to frighten you. US law : You can leave anytime. Indian law ? maybe they can take u to court and pin you down - but they have to serve u ...and u r in US
Leave man........
Leave man........
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