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  • diwa209
    07-21 03:02 PM
    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?

    My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.

    My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
    If this is correct then its a 'gotcha'.


    Questions:
    1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
    2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?

    3) Are there any other options?

    Can a senior member please clarify?




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  • romeshtrisal
    10-19 11:06 AM
    EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing




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  • Blog Feeds
    09-29 08:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgYDR4mzwDDKRsRDjRXcxxGdApSr5RlcyRTjiGqg4_R-YK4IEmfHwkngx9qfz8bDYDUXQkHtf6MVEs1YkFNL9Mu70ZR0Q-kAnsLfBBZJMOxL5ImIOJnvLteSiRMXDRyC23IpiplJ_60Slw/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgYDR4mzwDDKRsRDjRXcxxGdApSr5RlcyRTjiGqg4_R-YK4IEmfHwkngx9qfz8bDYDUXQkHtf6MVEs1YkFNL9Mu70ZR0Q-kAnsLfBBZJMOxL5ImIOJnvLteSiRMXDRyC23IpiplJ_60Slw/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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  • waitin_toolong
    10-01 02:34 PM
    because these were actually approved and assigned a number when the dates were current, they just got around to mailing the approvals now.



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  • ash27
    04-01 09:53 AM
    Could somebody please advice if contract work on W2 would cause any issues at the time of adjudiciation? Any information will be greatly appreciated.

    Thanks,




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  • rheoretro
    11-09 11:39 AM
    Now that the restrictionists blew the election for the Republicans, they're desperately trying to rally their remaining troops and keep up their morale using immigration scare tactics....

    If the Dems could vote against HR 4437 and for S 2611 in an election year and still win the majority, whose going to care for this piece of S#*t?

    Another interesting observation: Its back to being called a Bush-McCain-Kennedy Amnesty....not the Reid-Kennedy Amnesty...



    �* Mark Krikorian is executive director of the Center for Immigration Studies and an NRO contributor.

    Nice work, purgan. Center for Immigration studies has long been opposed to legal immigration (in that it wants to decrease numbers). I personally can't stand Steve Camarota's sick/twisted views...

    Interestingly enough, this article appeared in NR, founded by none other than Bill Buckley, himself, the arch conservative. Somehow these guys don't get it...



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  • rajnag21
    07-18 05:30 PM
    Hi All,
    My company has filed my 140 and 485 concurrently at TSC. Labor was from new hamshire. Is that ok ?
    EB3 india Nov 2004




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  • tnite
    06-26 02:35 PM
    There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?


    If I am not wrong that amendment has been changed considerably.
    the new amendment states that Employer abased GC will be phased out in 5 yrs and then merit based kicks in

    H1B quota for US Master's Grad is 40K according to the amendment.
    If I get the link I will post it



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  • eager_immi
    07-18 10:57 AM
    Let us all pledge to give atleast a $20, $50 monthly payments.




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  • pappu
    03-01 08:02 PM
    Its been a long time since a conf call is organized. Could you all pls. organize the call and start action items. Thanks



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  • redddiv
    07-11 08:03 AM
    i liv ein boca raton




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  • dpsg
    04-08 11:02 AM
    As always appreciate your efforts.



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  • Sai_07
    06-27 10:31 PM
    My I-140 was approved in Dec 2006 and still working with sponsoring company.

    Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.

    Here are the exact words from letter:

    In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.

    Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?

    Appreciate your help.




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  • gc_dream07
    08-05 06:30 AM
    I am in similar situation.

    I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.

    i was in same situation. couldn't get new AP in time. went for stamping in India.

    my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

    if u read 131 instructions, it talks about abandoning app.

    basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
    and if u leave US before approval of AP, ur 485 considered abandoned.


    Ref:

    http://www.uscis.gov/files/form/i-131instr.pdf

    Page 4, Section E.



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  • BMS1
    08-21 02:16 PM
    So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.

    How long did you wait after your biometrics to get your 485 got approved?

    There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).




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  • swissgear
    06-24 11:20 AM
    NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business)

    NYC mayor, major CEOs lobby for immigration reform
    By SARA KUGLER FRAZIER, Associated Press Writer

    Associated Press June 24, 2010 04:56 AM Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
    Thursday, June 24, 2010

    06-24) 04:56 PDT New York (AP) --

    Chief executives of several major corporations, including Hewlett-Packard, Boeing, Disney and News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform — including a path to legal status for all undocumented immigrants now in the United States.

    The group includes several other big-city mayors and calls itself the Partnership for a New American Economy. It seeks to reframe immigration reform as the solution to repairing and stimulating the economy.

    Bloomberg and Rupert Murdoch, chairman and CEO of News Corp., appeared together Thursday on Fox News to discuss the effort.

    "We're just going to keep the pressure on the congressmen," Murdoch said. "I think we can show to the public the benefits of having migrants and the jobs that go with them."

    Bloomberg added, "Somebody has to lead and explain to the country why this is in our interest."

    The CEOs said Thursday in statements that their companies — and the nation — depend on immigrants.

    "It's our great strength as a nation, and it's also critical for continued economic growth," Walt Disney Co. Chairman and CEO Robert Iger said in a statement. "To remain competitive in the 21st century, we need effective immigration reform that invites people to contribute to our shared success by building their own American dream."

    The group says it intends to make its point to policymakers by "publishing studies, conducting polls, convening forums and paying for public education campaigns."

    The tactics are similar to those used by Bloomberg's coalition of mayors who support gun control.

    Bloomberg has for years criticized the federal government for its immigration laws, proposing in 2006 a plan that would have established a DNA or fingerprint database to track and verify all legal U.S. workers.

    The billionaire mayor, a former CEO of the financial information company Bloomberg LP, also said at the time that all 12 million undocumented immigrants in the United States should be given the opportunity for citizenship, saying that deporting them is impossible and would devastate the economy.

    Lawmakers who wanted to deport all illegal immigrants were "living in a fantasy world," he said.

    He has recently taken up the fight again, declaring this week that U.S. immigration policy "is national suicide."

    "I can't think of any ways to destroy this country quite as direct and impactful as our immigration policy," he said Wednesday. "We educate the best and the brightest, and then we don't give them a green card."

    The group's main immigration goals are to secure the borders, develop an easy system for employers to verify work eligibility, hold companies accountable for breaking the laws and improve the use of technology to prevent illegal immigration.

    The group also wants more opportunities for immigrants to join the U.S. work force and a path to legal status for all undocumented immigrants.

    Bloomberg spokesman Jason Post said no money has been spent on the effort yet, and he could not say whether the group will be a standard nonprofit, a political action committee or a group known as a 501(c)4 nonprofit, which can operate outside the more strict limits governing political action committees.

    The business leaders in the coalition employ more than 650,000 people and make more than $220 billion in annual sales, combined.

    The effort marks Bloomberg's return to national issues after he spent 2009 campaigning for a third term, focusing mostly on New York City's municipal concerns.

    The Republican-turned-independent spent about two years testing the waters for an independent 2008 presidential run, but ultimately he gave up the idea.

    By recruiting business leaders and mayors into a national-issue coalition, he is highlighting both of his backgrounds in running a city and running a business, which could be seen as an early move to dust off his presidential aspirations.



    Read more: NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business#ixzz0rmwAKPQ7)



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  • fasterthanlight�
    06-06 03:50 PM
    The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.

    Yes!!!!!




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  • gccube
    03-19 04:14 PM
    Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.

    May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.




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  • Kitiara
    05-27 06:04 PM
    It totally immobilised the person sitting next to me, they were reduced to a gibbering wreck under their desk. :P Truly evil sites. :)




    sbeyyala
    07-14 01:37 PM
    I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.

    Planning to call NSC to see what I can do,




    eb3retro
    04-17 04:44 PM
    I didnt sign this petition.



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