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  • loudobbs
    07-17 05:18 PM
    A. STATUTORY NUMBERS

    1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.


    Does this mean all AOS applications received or only consular processing cases??




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  • n4nature
    02-05 01:25 PM
    Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.

    Thanks for this answer!!!




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  • USDream2Dust
    10-15 12:26 PM
    Hi,

    I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.

    I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.

    My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.

    This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?


    Thanks for you help,
    USDREAM2DUST




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  • gc_on_demand
    10-05 10:50 AM
    If they are planing for such process and so confident about passing it soon in 2010 why would they layoff tons of temp and perm trained employees because of 100 Million gap in budget.

    I think whole thing is politics. One day Mr President says it will happen , next day Vice President says will not happen ... few days after Senators agrees to introduce by certain date, but does not. Again congress man agrees to introduce but not going to happen. and then all sudden USCIS directors says they are working on it with laying off people.

    All these talks are only talks .. There will not be any firm action by this administration or congress.



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  • unknown123
    10-24 11:28 AM
    I claimed my parents as dependents. You only need ITIN and have to do paper filing first time....




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  • psaxena
    11-19 05:13 PM
    Tech workers take H-1B case to Supreme Court - Network World (http://www.networkworld.com/news/2009/111809-tech-workers-take-h-1b-case.html?fsrc=netflash-rss)



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  • reddymjm
    05-05 06:00 PM
    I am sorry...I know this is irrelevent question here. I want to start new thread. How to start. I am not able find it. :(

    Please help and don't give reds.

    On home page clikc on forums. Then select a topic. You should see new thread there.




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  • gomirage
    05-28 05:19 PM
    If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.

    Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.

    On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?



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  • Blog Feeds
    12-28 04:50 AM
    The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...

    More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)




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  • saloni
    07-18 02:28 PM
    I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
    My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
    He has asked me to change my status to H4 and work on EAD.

    Can I work on EAD without filing H1B-H4.

    or
    After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
    Will this affect anyhow on my chances of approval of my AOS?



    Appreciate your response.



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  • sanher
    10-29 12:16 PM
    I am scared to see this. I am flying to backhome for stamping this weekend.




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  • Blog Feeds
    10-30 12:30 PM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj2UaKY2J-hnGs_o4FNE82Gj4eb0EY_NQIUPk-kvMqTXlNdkZWXUsRB3iLfzdfI7LJbFnEP8WRFzPs-vbuG_larpIv4Z5jHuH_0jWRWH67o23_R0HjCKicQ7VDnotY6GgnCSPU0sLpyWOcx/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj2UaKY2J-hnGs_o4FNE82Gj4eb0EY_NQIUPk-kvMqTXlNdkZWXUsRB3iLfzdfI7LJbFnEP8WRFzPs-vbuG_larpIv4Z5jHuH_0jWRWH67o23_R0HjCKicQ7VDnotY6GgnCSPU0sLpyWOcx/s1600-h/uscisLogo.gif)

    USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



    The Fact Sheet explains that "public charge" means

    an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

    The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

    Children's Health Insurance Program (CHIP)
    Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
    Housing benefits
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
    Non cash benefits under TANF such as subsidized child care or transit subsidies
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.
    https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)



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  • rajeshiv
    07-13 12:05 AM
    what case are you talking about ... is it H1 or 485?

    -RR




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  • reddymjm
    01-09 11:39 PM
    I would have said 2020 but as you are not part of India or china may be 2015.



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  • chanduv23
    04-01 01:34 PM
    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,

    As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.

    Just curious - how long did it take for you to get the MOTIC receipt notice?




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  • Blog Feeds
    12-28 04:50 AM
    The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...

    More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)



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  • anilsal
    06-29 04:30 PM
    most of the Schengen consulates (Germany, France, Switzerland, Norway etc) are being forced into performing biometrics (aka fingerprinting) before issuing visas. This is going to be another hurdle before you actually are issued a Schengen visa. At least the consulate lady I talked to recently was not looking forward to the biometric requirement. Not sure when the requirement kicks in.

    If you want to get UK visa, you are anyway required to do fingerprints similar to your EAD/485 FP at the USCIS centres. So this exercise will be followed by other consulates.

    With the airlines suffering, I am wondering if there will be any respite to their woes.




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  • devikas81
    02-09 01:31 PM
    Hi arikris,

    I was similar situation like sduddukuri and u, me and my wife went to india and get our Visa stamp done, it was very smooth,
    all of us case looks like similar, Instead of speding time here and open MTR- its better to go to india and get the stamping done..

    Thanks,




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  • paskal
    07-14 12:01 PM
    why is there not an EB3 Philipenes with backlogs?
    that would free up EB3 ROW and allow spillover
    Clearly Philipenes has enough applicants to have backlog issues???




    WeShallOvercome
    08-03 12:31 PM
    What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?


    Most common grounds for I-485 denial are:

    1) I-140 denial
    2) Being out of status
    3) Fraud
    4) Not responding to an RFE in a timely manner
    5) Unknowingly abandoning your application.




    franklin
    07-17 06:10 PM
    I don't want to sound like a broken record, but please contribute!

    Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute

    :D



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