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  • katrina
    05-10 02:49 PM
    My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if

    >she can file 485 by being in F1 ?

    If you are under H1b and she is applying for 485 together with you then answer is yes she can.

    >Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?

    No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.

    >What will be her status when she starts using EAD if she filed being in F1?
    Once she filed 485 she will be waiting for her status to be Permanent resident.
    her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.

    I'm not a lawyer what I've told and writte has to be confirm with your attorney.


    Also Please see below answer by Attorney Murthy:

    Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?

    Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.





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  • Dakota Newfie
    05-23 11:16 AM
    For those of us who have become "current" with the latest VB movements, I have some discouraging news for you: at least for the Nebraska Processing Center, the current processing date for an employment-based I-485 has retrogressed from September to August,2006. Only a small step backwards but a step backwards all the same.





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  • drona
    07-11 02:33 AM
    Posted by the Journal News

    Visa mix-up brings flood of flowers in protest
    By LEAH RAE

    Hundreds of legal immigrants are resorting to a new tactic this week in their pursuit of green cards: sending flowers to the head of U.S. Citizenship and Immigration Services.

    The publicity stunt follows lobbying efforts and lawsuits protesting a sudden change in the rules that govern employer-sponsored immigrants. After rushing to submit green-card applications by July 2, the immigrants were told at the last minute to keep waiting.

    Notes being delivered to Emilio Gonzalez, head of USCIS, along with the bouquets skip over the pleasantries and speak directly to the bureaucracy.

    "Kindly do not return our I-485 petitions in July," the messages say, "and honor the original DOS visa bulletin."

    The dispute concerns a U.S. Department of State bulletin from mid-June, dictating who could apply for an immigrant visa. The application is the final hurdle in getting a green card, or permanent residency. Because of a backlog, immigrants spend years waiting their turn, but the unusual June bulletin gave most job-based immigrants the go-ahead to apply.

    Jakub Gorecki, who lives in Spring Valley, hurried to get his paperwork together in time. The thick packet of documents - medical exams, vaccination records, a birth certificate from Poland, a $325 application fee - was to arrive July 2 at USCIS, he said.

    But that morning, a new bulletin came out, canceling the offer. No applications would be accepted until the new fiscal year in October.

    The reversal sent Gorecki and others back to a limbo state.

    Continued at..

    http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350/1026/NEWS10





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  • hpandey
    08-07 04:09 PM
    Why don't you just ask those 10 guys you know are comitting fraud ( by not joining the desi consulting companies and trying to workaround etc ) which company\companies they are working with and then file a complaint with DOL about them. I am sure DOL would surely look into their workings and will very very surely find out that they are doing something illegal in other things ( even if this is not one of them ). Those companies will get blacklisted and will set an example for other companies.

    But I don't think you should stop anyone who is doing it legitimately. If one qualifies for EB2 and has been in the queue for a long time he has the right to do it.



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  • kewlchap
    10-10 06:33 PM
    Folks,

    Got the email about being registered as a new permanent resident on Oct 8th. Thanks to SoP, caliguy, fatjoe and all others on the forum who helped / gave me support. I essentially learned that USCIS will not move quickly on their own, they need to be pursued just like any other govt. office in India. I give my time line below for an idea of what I did. If anyone is waiting still, I sincerely think that you should do all of POJ/SR/Infopass/Senator/Ombudsman.

    Timeline:

    Sept 1st - became current
    Sept 5th - contacted NSC several times through POJ. Finally, a very nice lady told me that my case was not even assigned to an officer. Said that she will send in a request to the contractor to pull my case out and get it assigned to an officer.
    Sept 11th - Case pulled out of storage area and moved to a smaller waiting room [got this info later, but this is what had happened]
    Sept 13th: Opened SR.
    Sept 18th - Infopass: Told me that my case was assigned to an officer on Sept 11th (which was wrong really) and that I should wait 30 days. Also told me that my FP were renewed on March 9th and all my checks were clear.
    Sept 20th: Contacted Senator's office. Said they will send in inquiry.
    Sept 25: Response to SR. Case under review. Wait 30 days.
    Sept 27th: Letter from Senator saying my case was under review and I need to wait 30 days.
    Oct 2nd: Contacted NSC again through POJ method. A nice lady, Terry, told me that my case was assigned to officer on Sept 30th. She said, "your case was pulled out of storage and put in a rather large holding area where it was till Sept 30th." Also confirmed that my FP was renewed and other checks were clear. Said, just wait, it will happen soon.
    Oct 6th: Sent 7001 form to USCIS Ombudsman.
    Oct 8th: Got decision email.

    Learnings: Pursue your case as much as you can. Call NSC, but be polite. They are usually in good mood on Thu/Friday evenings and if you make some small talk, they will help you. I kept records of which NSC IO is rude and if they picked up the next time, I would just keep the phone down. In fact, the lady who helped me remembered me 'coz I managed to reach her 3 times. Dont just ask for status, say that you have called in the past and so far you know xxxx about your case. Some IOs are nice, some are rude. Nice ones actually tried to explain the entire storage area, holding area, supervisor supply chain to me. I think I kind of understand the process that happens at NSC just through these conversations now. Approach Ombudsman asap with form 7001. Call your Senator office and ask to speak to the immigration person. They are very understanding and will help you.

    Long-ish email, but thought that I will put it out there, and it might help someone stuck in this morass. If you need more info, ask me / PM me. I will be around these forums for some more time.





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  • chanduv23
    10-29 11:01 AM
    First and foremost thing we have to understand is that these Memos (Yates and Aytes Memos on AC21) are not legally binding on neither USCIS, nor the IO issuing denials. They are mere "internal" USCIS guidelines that have no legal standing. There is no option available to us right now, other than requesting (pleading) with USCIS that they follow these guidelines as it's hurting the applicants and their families. And that's what we are doing now, by sending these letters to USCIS top honchos.

    I have posted a detailed blog entry on this matter

    http://immigrationvoice.org/forum/blog.php?b=10

    Yes, we must all understand that AC21 is not a law. USCIS issues internal memos to adjudicate petitions based on guidelines.
    All we can do is request USCIS not to send denial notices as it creates hardships to us and our families.



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  • immigrationvoice1
    03-24 03:51 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.

    Got a reply back just now

    My mail to Capital One after getting the initial response:

    Craig,

    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,

    Craig





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  • logiclife
    01-07 03:07 PM
    House Majority leader Tom Delay has resigned and will not seek the Majority post until next year. See here:

    http://www.washingtonpost.com/wp-dyn/content/article/2006/01/07/AR2006010700488.html

    The house republicans will move to start working on electing a new house majority leader. Tom Delay was considered to be anti-immigration that tightened immigration laws according to anti-immigration organizations like www.numbersusa.com. He voted in favor of HR 4437 that is a nightmare for illegal immigration but does not address the ones already here illegally. And no, there is no mention of legal immigration facing backlogs in this bill either. Just enforcement to crackdown on illegal immigration. Voting "Yes" by any congressman on HR 4437 should not be construed as either supporting or opposing the legal immigration and/or retrogression relief.

    There are 3 house members likely to seek the position and replace Tom Delay:

    1. Roy Blunt (Missouri's 7th District). http://www.blunt.house.gov/

    Roy Blunt has gotten poor grades from Anti-immigration orgs. However he voted to support HR 4437 that deals will illegal immigration. His views on legal immigration are unpredictable at best.

    2. John Boehner (Ohio's 8th District). http://johnboehner.house.gov/

    John Boehner has scored poor grades like Roy Blunt on immigration issues from Anti-immigration sites. However he too has voted to support HR 4437. His views on legal kind of immigration are again unknown at best.

    3. Jeff Flake (Arizona's 6th District). http://www.house.gov/flake/

    This is interesting. Jeff Flake is considered against immigration by Anti-immigration orgs. He got 100% marks by their grading system (God only knows how that grading system works on numbersusa.com, but whatever). He also voted to support HR 4437.

    However he has co-sponsored a bill along with Ted Kennedy, Joe Lieberman, Sam Brownback, Jim Kolbe etc that deals comprehensively with immigration problem in this country, both the legal and the illegal variety. See that here: http://kennedy.senate.gov/~kennedy/statements/05/05/2005512A04.html

    Title VI describes proposals for retrogression relief.:) :)

    Jeff Flake is one of the saner and more pragmatic voices in immigration debate. While he wants to crackdown on the illegal variety, he also understands the other reform need in other areas of immigration.



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  • Michael chertoff
    03-29 12:09 PM
    Ayega Ayega Ayega ....
    Ayega anne wala (GC) Ayega Ayega .....

    or as Bobby McFerrin says Don't Worry, Be Happy

    Thanks...you need all Green dots in place reds.





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  • purplehazea
    05-17 11:29 AM
    You basically get an I131 which has all your immi information on it. It also includes your photo and validity period. There is also an area for stamping it when you re-enter the country. I hope this helps.



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  • english_august
    07-11 01:27 AM
    http://en.wikinews.org/wiki/Skilled%2C_legal_immigrants_send_Protest_Blooms





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  • pshaikh
    12-15 01:34 PM
    I have an appointment at Mumbai Consulate on Jan 2 for H1-B & H4 renewal.

    People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!

    Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.

    Eg:
    Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
    other details: <.....................>

    Below is some background info. on this recently introduced change:
    Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance

    The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.

    Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).

    DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.

    Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.



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  • rajpatelemail
    01-06 10:04 AM
    NKR .. you know what it is all about..

    Looks like all these guys are newbies and do not know the process.
    People who stayed long time or having awareness know the GC/citizenship
    process.


    I do not say we can not do anything. But has to be a bit practical & plausible.





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  • chanduv23
    07-11 07:28 AM
    http://samachar.com/showurl.php?rurl=http://sify.com/finance/fullstory.php?id=14490148

    Green card seekers take to 'Gandhigiri' in US

    Wednesday, 11 July , 2007, 11:13

    Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.



    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.



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  • smitha
    07-09 10:09 PM
    I exactly know where your statements about 2005-2006-2007 coming from. Your basic assumptions is that 2005-2006-2007 guys are those who just came to US 2-3 yrs back and now want their GC asap whereas you are waiting in line for 6-7 years...right?
    Ma'm with all due respect, that is not correct for most of the cases. There are several people who has to re-file their labor for several reasons (employer greedy, company overtaken, laid-off, company gone bankrupt etc etc.). That does not mean that 2005-2006-2007 guys are asking that they should get GC before 2001-2004 people. What most of the people need is an ability to file for AOS so that they can indepenedent of the clutches of their employers.
    I'm sure if you widen your horizon, you will be able to understand the plight of all your brothers and sisters stuck in this retrogression.

    For your information

    Smitha
    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    I have MS in EE from US and working since 2001,filed my GC in 2005 May(PERM).

    However can you please tell me anyone who got GC in Eb2/Eb3(India) in 1-2 yr in the last 15 yrs?
    Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP.

    If you guys really care about 2002-2003-2004 guys, then please please wait for OCT 07 bulletin and after that you can do anything you want. If they will retrogress the dates, then please fight but not before that.

    This is just a suggestion. If you like follow it, otherwise ignore.





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  • lazycis
    10-18 08:42 AM
    First of all, lazycis, thank you for all the great information on the immigration portal WOM thread and now on the IV forums. The community owes you.

    Re: this Cannon declaration -- do you mind sharing the case number or case name (X v Chertoff) or the declaration if you have downloaded it from Pacer?

    Hey, thanks, Googler. If we are not helping each other, shame on us.
    I am trying to save people's money so that instead of paying the lawyers they would support IV :)

    I need to ask the person who shared the declaration with me privately. It was not something I found in PACER. If I find similar declaration in other cases, I'll post it.



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  • Libra
    06-16 12:08 PM
    What is I-94# is it the number on I-94 no. attached 797 form or arrival i-94 card(white) no? And what is nonimmigrant visa number? guys please help am filling 485 form.





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  • Desertfox
    03-24 03:31 PM
    -------------------------------------
    Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
    -------------------------------------

    It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:





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  • nitinba
    06-29 05:43 PM
    what backlash from non-citizens, we cant do anything here buddy





    vbkris77
    04-01 12:54 PM
    I don't disagree with any of the statements.. It is totally personal decision for someone to donate or not.

    I agree that there is no silver bullet in any analysis. It is a number crunching game.. What is important is follow-up after analysis, which is only possible with IV.


    Dems want votes and more Hispanics
    GOP want more temps since it is very good for business
    Lawyers want more money so they are not interested in solutions. They are in it for money
    Individuals want their greencard just in time and not worry about the guy right behind them..
    tracker websites need traffic to get money from adds, so they don't want solution..



    Thanks for your kind words, its people like you who motivate me to analyze the data and create interpretations for all of us. Believe me its all very simple but has been only possible with news, inputs, suggestions and critique from all its really teamwork. Only together we have been able to come to understand how best we can predict what the future holds for us. Nobody claims or guarantees for accuracy however we do try our best to give out the most up to date forecast. Many folks like and appreciate this and it brings traction and new members to IV. Nobody is discounting that advocacy is not important it really is important. However the characterization of freeloader by some is extremely unfortunate I would attribute it simply to their lack of understanding. VBKRIS it�s absolutely yours and IV prerogative to keep information in the Donor forum to respect hose who contribute financially, however in the internet age information travels very fast.





    chanduv23
    01-29 06:41 PM
    I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.

    This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.

    Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.

    regards
    just anotherone of the expendable non-citizens

    OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership. At the time of joining, they are supposed to give you the i-9 form and you have 72 hours to return the form back with your documentation to prove that you can work for any employer. A valid EAD with a future expiration is very much a valid document and must be acccepted as a valid.



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