Wednesday, June 8, 2011

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  • cbpds
    06-08 12:54 PM
    What if someone returned the initial I94 but not the latest one because we attched the wrong I94 portion, will we need to send the new I94 after extension back to USCIS as well?

    No, you are supposed to return all I-94s!!.




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  • dazed378
    03-29 09:51 PM
    snathan and number30, thanks a lot for your valuable input :).




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  • ilangocal
    04-07 10:41 AM
    Hi
    I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

    Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

    Please clarify. I am trying to understand this clearly.
    Thanks very much




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  • meridiani.planum
    02-27 06:04 PM
    It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!


    he took that into account (thats the 2.5:1 ratio of GCs filed:LC). Stats have shown the ratio is typically 2.1, but thats close (& scary) enough.



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  • starving_dog
    06-13 01:17 PM
    Was that 2007 you were referring to?




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  • pappu
    11-09 02:10 PM
    Pappu,
    Is this survey open to every one beyond donor forum.

    Yes. It is open to everyone and is under 'Action Items for everyone' forum.



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  • mmk123
    01-19 08:17 PM
    Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?

    Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..




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  • Alabaman
    05-15 09:17 PM
    All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process. Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.

    Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.

    The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.

    Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi



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  • Madhuri
    04-06 10:05 PM
    Is the bill really dead? There is a different news on Yahoo.
    Can anybody explain?




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  • Blog Feeds
    09-27 10:50 AM
    VIA USCIS.gov


    Introduction

    U.S. Citizenship and Immigration Services (USCIS) today announced a final rule adjusting fees for immigration applications and petitions. Thefinal rule (http://www.ofr.gov/OFRUpload/OFRData/2010-23725_PI.pdf)follows a period of public comment on a proposed version of the rule, which USCIS published in theFederal Register (http://edocket.access.gpo.gov/2010/pdf/2010-13991.pdf)on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The final rule will be published in the Federal Register September 24, and the adjusted fees will go into effect on November 23, 2010.

    USCIS is a primarily fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities. Remaining funds come from appropriations provided annually by Congress. The final fee rule concludes a comprehensive fee review begun in 2009.

    USCIS�s Fee-based Budget

    Fees account for approximately $2.4 billion of USCIS�s $2.8 billion budget request for fiscal year (FY) 2011. More than two-thirds of the budget supports the adjudication of applications and petitions for immigration benefits at USCIS field offices, service centers, customer service call centers and records facilities. The remainder supports USCIS business transformation efforts and the funding of headquarters program offices.

    The adjudication areas supported by fees include the following:


    Family-based petitions - facilitating the process for close relatives to immigrate, gain permanent residency, travel and work;
    Employment-based petitions - facilitating the process for current and prospective employees to immigrate to or stay in the U.S. temporarily;
    Asylum and refugee processing - adjudicating asylum and processing refugees;
    Naturalization - adjudicating eligibility for U.S. citizenship;
    Special status programs - adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals; and
    Document issuance and renewal - verifying eligibility for, producing and issuing immigration documents.
    USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress and made budget cuts of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the final rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

    Highlights of the 2010 Final Fee Rule

    The final fee rule will increase the average application and petition fees by approximately 10 percent. In recognition of the unique importance of naturalization, the final fee rule contains no increase in the naturalization application fee.

    The final fee rule establishes three new fees for:


    Regional center designation under the Immigrant Investor Pilot Program (EB-5);
    Individuals seeking civil surgeon designation (with an exemption for certain physicians who examine service members, veterans, and their families at U.S. government facilities); and
    Recovery of the USCIS cost of processing immigrant visas granted by the Department of State.
    The final fee rule adjusts fees for the premium processing service. This adjustment will ensure that USCIS can continue to modernize as an efficient and effective organization.

    The final fee rule reduces fees for six individual applications and petitions:


    Petition for Alien Fianc� (Form I-129F);
    Application to Extend/Change Nonimmigrant Status (Form I-539);
    Application to Adjust Status from Temporary to Permanent Resident (Form I-698);
    Application for Family Unity Benefits (Form I-817);
    Application for Replacement Naturalization/Citizenship Document (Form N-565); and
    Application for Travel Document (Form I-131), when filed for Refugee Travel Document.
    The final fee rule eliminates two citizenship-related fees for those service members and veterans of the U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with no fee:


    Request for Hearing on a Decision in Naturalization Proceedings (Form N-336); and
    Application for Certificate of Citizenship (Form N-600).
    Lastly, the final fee rule expands the availability of fee waivers to new categories, including:


    Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
    Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
    Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.
    Final Rule: Schedule of Fees

    The following schedule lists the adjusted fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:



    Form No.

    Application/Petition Description

    Existing Fees (effective through Nov. 22, 2010

    Adjusted Fees (effective beginning Nov. 23, 2010)

    I-90 Application to Replace Permanent Resident Card $290 $365 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129/129CW Petition for a Nonimmigrant Worker $320 $325 I-129F Petition for Alien Fianc�(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585 I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585 I-193 Application for Waiver of Passport and/or Visa $545 $585 I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 $290 I-600/600A

    I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720 I-601 Application for Waiver of Ground of Excludability $545 $585 I-612 Application for Waiver of the Foreign Residence Requirement $545 $585 I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130 I-690 Application for Waiver of Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755 I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020 I-751 Petition to Remove the Conditions of Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105�110) $285 $285 I-907 Request for Premium Processing Service $1,000 $1,225 Civil Surgeon Designation $0 $615 I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230 N-300 Application to File Declaration of Intention $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600 Immigrant $0 $165 Biometrics Capturing, Processing, and Storing Biometric Information $80 $85






    Last updated:09/23/2010




    More... (http://ashwinsharma.com/2010/09/24/information-on-the-new-uscis-fee-increase.aspx?ref=rss)



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  • Quest99
    09-14 04:40 PM
    It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
    I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.




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  • seahawks
    03-27 12:54 AM
    you can volunteer for your future employer as long as there is no financial transactions involved.



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  • mantagon
    07-23 09:54 AM
    AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

    Hope this helps!

    Hi guys,

    I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

    I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

    I am still working on H1 and she is a parolee.

    Thanks in advance fopr the responses.




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  • mmrao2007
    07-30 03:14 PM
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
    With the way things are going we never know :)



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  • luckylavs
    09-25 02:47 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.




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  • linuxra
    07-23 02:31 PM
    I got an rfe on employment v l and history of 5 year in oct 2009 replied dec 2009
    after that no update?how abt u?



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  • akkakarla
    08-05 06:04 PM
    Step 1: You will be called for interview by random picking of applications,if the person is arrested and answered yes to if you ever got arrested(95% of the cases will be interviewed,if the people gets suspicision about the applicant and/or sponsoring company.

    Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.

    Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.

    Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.

    Step 5: Attend the interview and make sure to take all the necessary documents listed below:

    1 The AOS interview notice letters
    2 Passport, I-94s
    3 EADs (latest and expired)
    4 The fingerprint interview notice letters
    5 Letter from old-employer-name
    6 new-employer-name Employee varification letter
    7 new-employer-name pay-stubs for current and past year
    8 new-employer-name Consultant varification letter
    9 Marriage Certificate
    10 Birth Certificates
    11 Couple of Marriage Photographs
    12 Degree certificates/transcripts
    13 The receipts of last fingerprint
    14 Copy of I-485 transfer notice to local office (least Important)
    15 Copy of I-485 receipt notice
    16 Copy of documents when we applied for I-485 ( if available)
    17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
    18 Copy of I-140 approval notice ( if available)
    19 Copy of Labor Approval ( if available)
    20 W2 and Tax Returns
    21 Employee/W2 wages List
    22 Latest bank statements and utility bills

    To the best of my knowledge these are the documents I may miss one or two.

    Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.

    Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).

    PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.

    If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.




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  • cptbaseball
    05-14 02:26 PM
    Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.

    However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.


    Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.




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  • shan74
    01-12 07:49 PM
    Thanks and wait for ur response. Also i wanted to know whether my employer or lawyer will come to know if i apply for FOIA, and will it affect my application. Another thing is my employer is not responding whether my 140 is approved or not. so i really don;t know the status of my application and he is not willing to give me the receipt #.

    So please let me know will it affect my application.
    thanks




    gcsomeday
    07-17 05:24 PM
    newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.




    fide_champ
    06-25 02:28 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?



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