Sunday, July 3, 2011

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  • desi3933
    05-14 10:12 AM
    Hi,
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!

    As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -

    http://www.ilw.com/articles/2006,0119-eiss.shtm




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  • amaze
    10-27 03:31 AM
    i had no idea. sorry




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  • redds777
    03-24 08:41 PM
    http://firstread.msnbc.msn.com/archive/2009/03/19/1843837.aspx?p=1


    Hello Everyone

    I have sent a message to president Obama requesting his help by issuing executive order either to increase per country cap temporarily atleast till the EB backlogs gets over for india and china

    OR

    Issue executive order to allow visa re-capture to utilize wasted immigrant visas

    i am waiting for the reply . i am not sure if i will be heard .

    I had sent similar message to my senators requesting them to support the visa recapture bill . i got a call today from his asistant . He said they understand the issue and the senator is supporting the CIR this year . i told him that wont help the skilled immigrants, he said that the provisions with relief for legal skilled immigrants will be added into that CIR and passed .

    when i asked him why not do a piece meal approach and pass smaller bills like visa re-capture etc.. his reply was that the anti immigrant groups will basicall y kill the bill . so he said that it is better to wait for CIR hopefully this year.

    I said thank you for response and hungup the phone.

    so bottom line is i guess we have to wait for CIR and if any good will comeout from that for EB categories.




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  • knowDOL
    05-22 05:12 PM
    1. YES
    2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
    3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
    It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.

    This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.



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  • imconfused
    09-19 04:25 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?




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  • jkamdar
    04-17 01:02 AM
    I have received the following 485 Rfe for my spouse and myself, I am posting the whole
    text from RFE letter. Also USCIS has sent me a copy of the current I-693 Form which
    was sent with our application as a sealed copy.
    The reason I think for the RFE is because the civil surgeon I had used was in the list
    of USCIS civil surgeons in 2007 but now he is no more in the list, hence as they touched my application now, the form need to be signed by a designed civil surgeon on the current uscis list. Has any one received an rfe like or similar to this.
    Please suggest the best possible to resolve this one.


    Request For Evidence

    This office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to the above address. Include a copy of this letter and place the attached gold sheet on top of your documents.

    A review of your file indicates that the medical examination(Form I-693) you submitted was not completed by a designated civil surgeon, and therefore this Service cannot accept it.

    Please take the enclosed copy of Form(I-693) with this notice to the same clinic so that
    the designated civil surgeon can review and sign the medical examination. A list of designated civil surgeons can be obtained by calling the USCIS National Customer Service Centre at 1-800-375-8253, or via the USCIS website at www.uscis.gov. You do not need to undergo the entire medical examination.Once this is complete, please return the amendend Form I-693 in an envelope sealed by the designated civil surgeon.

    You must submit the requested information within thirty(30) days from the date of this letter(33 days if this notice received by mail). Failure to do so may result in the denial of your application.



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  • srarao
    07-21 11:02 PM
    Hello,
    When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".

    Now I received the RFE from CIS asking for the following:

    "The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
    The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:

    -> The date you first refered to the local health dept for evaluation
    -> Name and address of the health dept
    -> results of the X-ray and other TB test
    -> Based on which you are medically cleared for adjustment status
    "
    If anyone had similar experiences, please let me know how to proceed on this issue.

    PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
    If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
    If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
    I dont have much time as I just had 20 days left to send back my results to CIS.

    Thanks for yor help.
    Ravi




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  • LookingForGC
    07-09 01:12 PM
    Thank You! It helps.



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  • susie
    09-27 11:23 PM
    Hi all,

    I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:

    Priority Date: Oct. 16, 1996
    Approval Date: Dec. 4, 1996
    Days of Petition Pending: 49 days
    Child's 21st Birthday: May 31, 2007
    Child's age when visa became current: 21 years 62 days

    Need your advices. Thanks!

    In Adlac 2

    It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien

    If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.

    How did you get on with the attorney?




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  • Blog Feeds
    04-25 08:10 AM
    This week, the President held another meeting with pro-immigration advocates where he proclaimed the need for immigration reform. Haven't we heard this time after time from the President? Running against the Republicans on this issue is a no brainer for the President. But what exactly is President Obama doing beyond giving speeches? President Obama had both Houses of Congress in his first two years in office. Did he ever actually propose an immigration reform bill? No, he decided to let Congress sort it out for themselves rather than leading on the issue. And when he lost control of the House...

    More... (http://blogs.ilw.com/gregsiskind/2011/04/obama-strategy-talk-about-immigration-but-avoid-actually-doing-anything-about-it.html)



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  • gc_bulgaria
    10-23 07:42 PM
    I haven't had a LUD since September - non after FP too!

    Received AP today - status online still says pending.:p




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  • jignesh5
    07-15 01:56 AM
    Please see this..

    http://immigrationvoice.org/forum/showthread.php?t=6212

    sorry for repost.



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  • sri2007
    05-02 07:17 PM
    Hi,

    I�m in 4th year of H1b and I485 - 180 days completed. I�m looking for full time jobs and many of the companies are asking for EAD for full time jobs and some of my friends suggested use H1b instead of EAD. Pls help me in answering the below questions

    1. What is the problem I will face if I use EAD instead of H1b?
    2. Job titles are most of them are different like Senior Software Engineer, MSI Systems Integrators, Data engineer etc, where as my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though the some of responsibilities are similar.
    3. Employer can revoke I140 even If I�m working with him and crossed 180 days of I485.


    Please Advice.




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  • payal_nag
    11-27 03:28 PM
    thanks for your response!
    So were there any questions at the interview as to why you used Emergency?



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  • sodh
    07-27 12:21 AM
    Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.
    If he could fix everything we would'nt be in trouble.




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  • sodh
    07-17 08:46 PM
    I called an IO today at Texas.
    Last week they told me that due to glitch they never printed my fp notice.
    The IO I talked to then, said that she was going to generate one and mailed to me.
    I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment

    The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice
    If I'am not mistaken I feel even the Lawyer gets the fp notice check with your lawyer.



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  • glus
    03-27 07:47 AM
    Hi,

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,
    Thanks,
    Vlad

    Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.




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  • gemini23
    07-02 08:56 AM
    Please christ sake, please stop posting the things you HEAR. as per the visa bulletin , things are still current. Check the bulettin before posting, and save a couple of people who would die of strokes.
    peace.




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  • atlfp
    06-14 09:43 PM
    Based on these reasons:

    1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;

    2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;

    3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.

    So the PD moves forward is definitely a good thing regardless how CIR plays out.


    Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....

    No one can stop it.

    Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?

    Do you know how many people will stop giving a damn, because they just filed their 485 s?
    People like me who are result of bad practice employers are still here, and lucky ones will depart.....

    We have been dealt a crucial blow here.




    godbless
    01-17 10:28 AM
    I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???




    arnet
    12-20 05:52 PM
    publish:

    "http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"

    to counter: (same article in 3 places)

    http://www.theconservativevoice.com/article/21297.html
    http://www.townhall.com/Columnists/P...ing_h-1b_visas
    http://www.humanevents.com/article.php?id=18532


    http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521

    ...appreciate it



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