Friday, June 10, 2011

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  • kernel_flash
    02-14 08:37 AM
    Congratulations to all the winners!
    this was really exciting :)





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  • suny_saini
    08-05 11:46 PM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.





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  • GCMangataHai
    10-21 05:24 AM
    PSAM,
    What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.





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  • eb2_mumbai
    10-15 07:55 PM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality



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  • permfiling
    10-28 01:23 PM
    Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC

    Did you get your physical green card? Have you completed your FP?


    I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.





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  • overhere
    07-18 09:03 AM
    I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.

    i see. anyway, good luck to you.



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  • sent4dc
    06-19 12:34 PM
    Thanks! Sounds like there shouldn't be a problem.

    Just curious though. Say, if someone's parent gives up their green card like that and then later in life we decide to bring them over (to US) due to health concerns/age/etc., do you think, would there be a problem to apply for a green card again?





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  • santa123
    06-07 05:43 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:



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  • morchu
    06-01 04:54 PM
    1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
    2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html

    http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
    Greg mentioned that....
    "There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.





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  • injrav
    07-27 02:53 PM
    1. university of illionis springfield
    Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)

    I think TOEFL is mandatory but not sure about GRE

    2. bridge water state college MASACHUESETTES
    School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)

    mean while let me explore the colleges which you shared with me



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  • pappu
    12-12 12:26 PM
    Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.

    You may want to remind people in the day about the chat. Once it happens regularly, people will remember.





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  • bunan
    01-07 02:47 PM
    The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.


    Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.



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  • chanduv23
    01-06 09:52 AM
    Just say "All izz well" and watch out for the bulletin :)





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  • ahnewGC
    04-10 07:17 PM
    Hi,

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions



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  • buddyinsd
    01-04 12:46 PM
    LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL





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  • JImmigrant
    03-11 09:06 AM
    I transferred in Feb it was fine but when I tried this week it says some restriction bcoz of state of residence



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  • smartboy75
    11-06 06:17 PM
    From what you have mentioned, the answer to your question lies in the notice that USCIS has sent to your attorney....The letter should have exactly the steps needed and the time to respond....Your best bet is to request the attorney to send you a copy of the letter....

    Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....

    All the best....





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  • needhelp!
    10-18 05:37 PM
    http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf





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  • vallabhu
    06-15 09:10 AM
    contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.





    wandmaker
    11-05 09:53 AM
    I am also in a similar boat - I have received all the receipt notices except my wife's AOS. My wife has received EAD and FP, waiting for the AP. My lawyer suggested to wait for 30 calendar days, after which he is going to initiate a service request for duplicate notice. I will repost, if I get any updates.





    ashrock11
    01-09 04:39 PM
    Thank you.



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