gc_coming
09-23 08:22 PM
Hi Gurus,
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
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potatoeater
07-31 08:40 PM
My inside sources tell me that EB1-I is going to be scrapped, and all those waiting in this queue are to be declared "illegal aliens".
But cheer up EB1-I, immigration reforms are on the horizon, with big sops for illegals.
EB1- U (Always)
EB2- Sep 2010
EB3-Sep 2010
But cheer up EB1-I, immigration reforms are on the horizon, with big sops for illegals.
EB1- U (Always)
EB2- Sep 2010
EB3-Sep 2010
hebron
04-20 08:42 AM
2 year back my I-140 got rejected due to same reason 3+2 degree. I have 3 years Bsc in Computer science and 2 years Master of Computer Mgmt. They raise the question on 3 year Bachealor dagree. My lawyer send the reply along with degree evaluation and we try to say my 3+2 equal to 4+2 of USA and USCIS didn't buy this argument. after that lawyer told me that no hope in MTR or appeal. So we file again in Eb3.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
Hi Pankaj,
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
Hi Pankaj,
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
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Tito_ortiz
11-20 10:43 AM
Guys,
Regarding Mathew Oh comments:
"...There is a possibility the DREAM Act could be passed, allowing the children of undocumented immigrants (who complete their high school educations in the United States)..."
How do you think the passage of the DREAM ACT could impact our situation ? If they pass this, they would allay a sizeable portion of illegal immigrants to get amnesty through their children (few millions). I am just wondering whether the illegal alien supporters would lose steam to support CIR after this ? Ironically, they would get a sizeable amnesty, overhelm USCIS with millions of applicants and probably make the passage of a CIR bill more distant. I can't think of something less advantageous to us than this. I hope I am totally wrong.
What do you guys think ?
You may be already familiar with this, but just in case ...
Mid-Term Elections and U.S. Immigration Law & Policy
Posted Nov 17, 2006
�MurthyDotCom
Recent mid-term elections resulted in wins for the Democrats, who will take control of the U.S. House of Representatives and virtually the U.S. Senate as of January 2007. The ensuing two-year term, many believe, may be ripe for some sort of comprehensive immigration reform. President George W. Bush has been espousing all along the cause for comprehensive reform in this area. Most people recognize that there are immigration problems and governmental delays that exist. Most also believe that the system needs to be changed for the better. But just how this should be accomplished is not so easily agreed upon, and so it is a hot-button issue. Many of the hardliners, who took a strong anti-immigration position, lost the recent elections. But there are some who took this stance and won. It also is widely believed that many of the newly elected Democrats expressed anti-immigrant sentiments in their campaigns. Achieving any strong pro-immigration measures may prove to be more daunting than originally was anticipated; certainly more than many hoped it would be. Needless to say, we can expect 2007 to mark the beginning of a time for change and flux in the arena of U.S. immigration law. There is a possibility the DREAM Act could be passed, allowing the children of undocumented immigrants (who complete their high school educations in the United States) to obtain conditional "green card" status if they enroll in college or join the U.S. armed services. Both the Democratic and Republican parties seem inclined to help children. There are individuals, however, who are not willing to give any benefits to children of undocumented immigrants. Whatever the outcome, one thing is for sure – we can and should expect some debate on the matter of immigration law and policy in the coming year. Your input, therefore, is critical to the process. Whether your interest is as an employer or an employee or some other capacity, it is important to make your voice heard in Congress by eMailing, writing, or calling your U.S. senator, congressperson, or their immigration aides. Contact them regularly on issues that concern you and your business. That is a part of our democratic process. So, if you care, you must dare to go out there and do your part!
Regarding Mathew Oh comments:
"...There is a possibility the DREAM Act could be passed, allowing the children of undocumented immigrants (who complete their high school educations in the United States)..."
How do you think the passage of the DREAM ACT could impact our situation ? If they pass this, they would allay a sizeable portion of illegal immigrants to get amnesty through their children (few millions). I am just wondering whether the illegal alien supporters would lose steam to support CIR after this ? Ironically, they would get a sizeable amnesty, overhelm USCIS with millions of applicants and probably make the passage of a CIR bill more distant. I can't think of something less advantageous to us than this. I hope I am totally wrong.
What do you guys think ?
You may be already familiar with this, but just in case ...
Mid-Term Elections and U.S. Immigration Law & Policy
Posted Nov 17, 2006
�MurthyDotCom
Recent mid-term elections resulted in wins for the Democrats, who will take control of the U.S. House of Representatives and virtually the U.S. Senate as of January 2007. The ensuing two-year term, many believe, may be ripe for some sort of comprehensive immigration reform. President George W. Bush has been espousing all along the cause for comprehensive reform in this area. Most people recognize that there are immigration problems and governmental delays that exist. Most also believe that the system needs to be changed for the better. But just how this should be accomplished is not so easily agreed upon, and so it is a hot-button issue. Many of the hardliners, who took a strong anti-immigration position, lost the recent elections. But there are some who took this stance and won. It also is widely believed that many of the newly elected Democrats expressed anti-immigrant sentiments in their campaigns. Achieving any strong pro-immigration measures may prove to be more daunting than originally was anticipated; certainly more than many hoped it would be. Needless to say, we can expect 2007 to mark the beginning of a time for change and flux in the arena of U.S. immigration law. There is a possibility the DREAM Act could be passed, allowing the children of undocumented immigrants (who complete their high school educations in the United States) to obtain conditional "green card" status if they enroll in college or join the U.S. armed services. Both the Democratic and Republican parties seem inclined to help children. There are individuals, however, who are not willing to give any benefits to children of undocumented immigrants. Whatever the outcome, one thing is for sure – we can and should expect some debate on the matter of immigration law and policy in the coming year. Your input, therefore, is critical to the process. Whether your interest is as an employer or an employee or some other capacity, it is important to make your voice heard in Congress by eMailing, writing, or calling your U.S. senator, congressperson, or their immigration aides. Contact them regularly on issues that concern you and your business. That is a part of our democratic process. So, if you care, you must dare to go out there and do your part!
more...
deba
10-23 09:38 PM
This is all very interesting indeed. Your had your FP in Sep and it got cleared that fast? within a month? I am a July 2nd applicant and had FP in Sep too. Please post your details after receiving your GC.
lazycis
12-30 02:02 PM
The article is right on the money, but the country is wrong - it is written about Russia.
I predict that the author of the "prediction" will disintegrate before the US.
I predict that the author of the "prediction" will disintegrate before the US.
more...
franklin
09-21 12:48 AM
i really appreciate and applaud what you and other members of immigration voice and other pro-imigration groups have done but for personal reasons i believe that fighting the congress is a losing battle and i sincerely doubt if we'll have any pro-immigration bill passed before the 2008 presidential election and when the new president comes this will fall att the bottom of his/her agenda. Look at Bush's tenure he's promised pro-immigration measures since 2004 and squat has happened. The issue is that there a lot of anti- legal and illegal immigration activists and congress members who will make sure nothing goes thru the senate or the house.
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
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glamzon
10-05 01:24 PM
Thanks - Great News
more...
hopefulgc
08-05 06:01 PM
wah wah ustaad kha dala.. kya shayari farmiye hai
translation: what a really great poem!
How about this piece of Mirza Ghalib?
Aaj Muje Masjidme bethakar pine de
varna aysi jaga bata jaha Khuda na Ho
Translation:
"Today, let me drink liquor in the MASJID (Muslim holi place like Temple of Hindus and church of Christians)
Otherwise, please show me the place where there is no God exist."
We are Little side track in the past while predicting the future (Sept VB) !!!
translation: what a really great poem!
How about this piece of Mirza Ghalib?
Aaj Muje Masjidme bethakar pine de
varna aysi jaga bata jaha Khuda na Ho
Translation:
"Today, let me drink liquor in the MASJID (Muslim holi place like Temple of Hindus and church of Christians)
Otherwise, please show me the place where there is no God exist."
We are Little side track in the past while predicting the future (Sept VB) !!!
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GreenCard4US
03-10 07:56 PM
Hope my small donation helps. I am encouraging my friends to contribute.
Receipt number for this payment is: 2553-5233-6038-5007
Receipt number for this payment is: 2553-5233-6038-5007
more...
ankur6ue
10-12 10:41 AM
I used the subject line: US immigration system: problems faced by legal immigrants
thanks for taking the lead on this issue.
thanks for taking the lead on this issue.
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reddog
01-27 10:45 PM
It is unlawful for an alien admitted on a non-immigrant visa to own a firearm(with one exception).
So, if you want to own a gun, read on....
The case where this 18 USC 922(g)(5)(B) was mentioned elaborately was United States vs ELRAWY.
And it clearly is re-affirmed what is stated in the law on Unlawful acts(Sec 922) for FIREARMS, that '(g)It shall be unlawful for any person - (5) who, being an alien - (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
The case: http://bulk.resource.org/courts.gov/....04-20123.html (http://bulk.resource.org/courts.gov/c/F3/448/448.F3d.309.04-20123.html)
The case clearly notes that a person on Adjustment on status remains on the last admitted visa status until the Adjustment of Status is approved. So there is no ambiguity there.
A person even after he has applied for adjustment of status can remain in the country, but for ownership of a gun, he falls back on his visa status.
However, the law clearly states an exception for the person who is an alien that is on a non-immigrant visa - the (y)(2) part:
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
Link: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20 (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20)
In short, apply and get a Hunting Licence from the State DNR., take the safety courses and then apply for the State firearm ID.
And, if your licensing authority knows about this exception(hunting) in the law, they will issue you a license.
If not, they will reject your application. If so, You might want to bring this section to their notice.
So, if you want to own a gun, read on....
The case where this 18 USC 922(g)(5)(B) was mentioned elaborately was United States vs ELRAWY.
And it clearly is re-affirmed what is stated in the law on Unlawful acts(Sec 922) for FIREARMS, that '(g)It shall be unlawful for any person - (5) who, being an alien - (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
The case: http://bulk.resource.org/courts.gov/....04-20123.html (http://bulk.resource.org/courts.gov/c/F3/448/448.F3d.309.04-20123.html)
The case clearly notes that a person on Adjustment on status remains on the last admitted visa status until the Adjustment of Status is approved. So there is no ambiguity there.
A person even after he has applied for adjustment of status can remain in the country, but for ownership of a gun, he falls back on his visa status.
However, the law clearly states an exception for the person who is an alien that is on a non-immigrant visa - the (y)(2) part:
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
Link: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20 (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20)
In short, apply and get a Hunting Licence from the State DNR., take the safety courses and then apply for the State firearm ID.
And, if your licensing authority knows about this exception(hunting) in the law, they will issue you a license.
If not, they will reject your application. If so, You might want to bring this section to their notice.
more...
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apb
09-27 01:26 PM
Great Idea. You dha man.
We can also look at the possibility of mass drive towards bone marrow doner registration, Blood donation drive, Eye donation, etc.
Also possible is continue with Youtube videos. I think the reason for low response a) laziness b) doing alone may not be exciting and motivating enough.
Suggestion. We do the youtube videos in groups of three/four. It would be fun activity and will help to build bond amongst IV members.
We can also look at the possibility of mass drive towards bone marrow doner registration, Blood donation drive, Eye donation, etc.
Also possible is continue with Youtube videos. I think the reason for low response a) laziness b) doing alone may not be exciting and motivating enough.
Suggestion. We do the youtube videos in groups of three/four. It would be fun activity and will help to build bond amongst IV members.
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wandmaker
03-27 11:46 AM
Man, everyone gave me REDs for opening this thread and I am surprised it is keep coming to the top. I can see this going to several pages :confused::confused:
Reasons for RED is that the OP wanted to open this thread, but you did it before him/her. The thread is on top because everyone loves it.
Reasons for RED is that the OP wanted to open this thread, but you did it before him/her. The thread is on top because everyone loves it.
more...
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chanduv23
10-10 05:52 AM
Hope there are at least 50 people for the meet:D
More I guess :)
More I guess :)
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sina
07-21 01:15 PM
I agree with somegchuh. This is for discussing the issues that somegchuh listed. People interested in talking about - which is better, immigrating to canda or going back to india can discuss this in a separete thread.
more...
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AZ_GC
08-22 06:44 PM
Here is what i think ........USCIS works and approves according to RD till 140/485 approval. After this they hand over the case to DOS for visa issuance who work according to PD when allocating visa numbers. Correct me if i am wrong.
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rjd1234
02-23 03:58 PM
I came to US on h4 i applied for H1-B Visa.again I would like convert to H4 Visa.
My H4-visa stamped until 09/30/2007
My husband H1-B Visa stamped until 09/30/2007.
My husband applied for his H1-B extension But we didnt receive approval notice.we have recipe copy.
Is there any chances to reject my h4visa(boz only 2-3 months left for my husband h1-b expiration)
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
My H4-visa stamped until 09/30/2007
My husband H1-B Visa stamped until 09/30/2007.
My husband applied for his H1-B extension But we didnt receive approval notice.we have recipe copy.
Is there any chances to reject my h4visa(boz only 2-3 months left for my husband h1-b expiration)
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
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mhkumar
02-18 01:57 PM
I filed FOIA request for my i-140 approval notice(using i-140 receipt #) and I got the response from USCIS. Surprisingly they said they were not able to find my approval
notice. They could find my i-140 petition and sent me copies to 2 pages from
the petition. I am not sure why they couldn't find the approval notice.
I double checked my FOIA request and I mentioned the receipt number correctly.
On the USCIS case status page, it clearly shows that i-140 is approved.
I have the i-i40 receipt notice. Are there any alternatives?
notice. They could find my i-140 petition and sent me copies to 2 pages from
the petition. I am not sure why they couldn't find the approval notice.
I double checked my FOIA request and I mentioned the receipt number correctly.
On the USCIS case status page, it clearly shows that i-140 is approved.
I have the i-i40 receipt notice. Are there any alternatives?
gbof
08-26 05:03 PM
Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
It may sound crazy, 2nd biometrics may not be good sign when dates are current. I had my 2nd FP in June09. I spoke with IO out of curiousity to know of any update- more so to know whether my case is pre-adjudicated (as there was lot of roar on recent preadjudication). IO told me my 'NC is pending'. I told her that around this time, last year, I was repeated told on infopass and on phone that my NC/BC etc is cleared and case waiting for Visa#. She that that is true but 2ND FP TRIGGERs NC and unless they get clearance they have to wait for 180 days before my case is ready for adjudication.
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
It may sound crazy, 2nd biometrics may not be good sign when dates are current. I had my 2nd FP in June09. I spoke with IO out of curiousity to know of any update- more so to know whether my case is pre-adjudicated (as there was lot of roar on recent preadjudication). IO told me my 'NC is pending'. I told her that around this time, last year, I was repeated told on infopass and on phone that my NC/BC etc is cleared and case waiting for Visa#. She that that is true but 2ND FP TRIGGERs NC and unless they get clearance they have to wait for 180 days before my case is ready for adjudication.
sbabunle
09-22 06:57 PM
called today
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