Thursday, June 9, 2011

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  • bsbawa10
    08-30 06:58 PM
    I am also in the same boat and would like to know what happened ?




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  • Vic
    11-19 08:10 AM
    Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

    Now......on to the GC :-)




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  • pamposh
    01-23 03:23 PM
    To present our case, we need facts. Like for example

    -Drop in admissions/applications/exams for US universities
    http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
    http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
    http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3

    -Number of people on H1-B buying homes
    http://www.census.gov/prod/3/98pubs/cenbr974.pdf

    -Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
    http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
    It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.


    -Age Pattern of the Science and Engineering Labor Force
    http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
    And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "


    I am also trying to gather information about the points given below

    - Number of H1-Bs becoming US citizens (when given a chance)
    _________
    - A $$ amount of value addition of H1-Bs to the US economy
    _________
    - Number of children that are US citizens from H1-B families.
    _________

    Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
    Thanks
    Sandeep

    Great job Sandeep, thanks for all your research and hard work.

    Ausi




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  • Siddharta
    01-11 09:11 PM
    I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.

    Why is that? What if I have a job offer from a canadian company and they sponsor me?



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  • carbon
    05-31 12:38 PM
    How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !




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  • PD073102VA
    03-26 09:43 PM
    One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.



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  • neerajvir
    07-13 09:06 AM
    And fowarded to others that are affected.




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  • desimass77
    05-11 01:56 PM
    Yes, my school did query with USCIS and got the confirmation that I am at AOS stage. I got AP valied for one year, but I did talk to the school stating that since I am within USA I will not get I-94 as I-94 is given to people who are entering from outside. As my new AP is issued by USCIS it is a valied document.

    My FAO communicated with their International Students office who handles immigration issues to confirm this and I got my Loan approved.

    Good Luck

    Hi desimass77. How do you convince the school that you are qualified?

    My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.

    Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.

    Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?

    I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.

    Please, if anybody successfully convinced school on FAFSA, please share your experience here!



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  • wandmaker
    11-16 11:36 AM
    Take infopass appointment, speak to IO and go from there. at the worst case, you will have to reapply and sit tight for 90 days.

    Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?




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  • RadioactveChimp
    04-16 02:02 AM
    yes yes I know...let's leave this in the past alright? :lol:



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  • rbalaji5
    11-05 12:46 PM
    Hi GKBest

    Any updates on infopass?. Let us know. Thanks.




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  • gc_dream07
    03-14 07:31 AM
    Please update your profile. That way people can help you better.



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  • FixCIS
    01-24 12:51 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.

    Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.

    Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?




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  • sumansk
    07-11 01:56 PM
    :cool:
    You are one lucky !! I think he should send you a thankyou mnote...what do you think....one visa number is reserved for you already my friend..:D



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  • ns007
    03-26 02:37 PM
    Agreed.

    Unfotunately, there is no way to poll more than one option.

    More than Salary its location which matters.

    50K in MS = 60K in TX = 80 K in CA = 90K NYC




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  • I_need_GC
    07-25 04:07 PM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
    A. Singh

    She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.



    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
    A. Singh

    It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.


    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
    A. Singh

    In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.


    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
    A. Singh

    Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.


    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    I don't know the current fee you can check the uscis website.



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  • fromnaija
    11-17 03:07 PM
    Hey Guys

    I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

    Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

    Looking at the above filling date, can some one brief me on my likely priority date?

    The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

    When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).




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  • blacktongue
    10-05 10:30 AM
    If you want the best

    Go to Kashmir. I have seen the pictures and it is beautiful in India. Jammu & Kashmir Tourism (http://www.jktourism.org/)

    Or come to China. Tourism in China - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Tourism_in_China)

    You will like it.




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  • TeddyKoochu
    12-28 10:54 AM
    Do you still have the I 94 which came with I 797A ?? if have that just give that i 94



    Thanks

    Yes I believe that the I797 should have the latest I94 also try going to the nearest international airport or the one you are travelling from, the customs and immigration there may be able to help, they do issue replacement I94's. I have had this done once for my wife we had to get a correction done on the date as the IO's handwriting was not clear its a quick process. Make sure that you staple both I94's and surrender both of them. Even without the I94 you will be allowed to board the flight, the airline staff just detach it if there is one on your passport.




    SL%%
    08-18 09:27 PM
    hi sl
    which service center is processing your application ?

    nsc




    seahawks
    07-11 08:47 PM
    Lets all focus our energies on a common cause. I understand feelings and we do vent and we do find interesting articles to quote from and I know there is no bad intent. However we need lawmakers to fully understand our cause. Its the simple theory "why do you I have to care about you, if you are looking ways to have laugh at me":) Pen is mightier than a sword is the common phrase, in this case "keyboard" is! Have fun and did I hear CIR is dead, I know there will be something in the form of immigration bill passed before the election based on all I read and it won't be an enforcement only bill. They are having hearings around the country, something will work out for sure, at least thats what I hope for.



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