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  • vbkris77
    04-13 11:06 PM
    Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.





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  • Adam
    08-26 11:42 AM
    I spent about 15 minutes the other night trying to make C3-PO smilie to go with :rd: I found it tough if you wanna give it a shot.





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  • fromnaija
    07-21 05:20 AM
    Form AR-11 is also available for online filing. See below quote from the link you provided.


    Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.


    The information stated here in the context of pending AoS applications is incorrect.

    While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

    You may do this ONLINE at the USCIS website.

    https://egov.uscis.gov/crisgwi/go?action=coa

    Note, you must STILL file the AR-11.

    As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).





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  • rkat
    08-16 04:10 PM
    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!



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  • rkat
    08-16 02:56 PM
    I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.

    A contracting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.

    Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
    4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    I greatly appreciate all your help ! Thank you!





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  • jonty_11
    07-31 01:54 PM
    u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...

    Confirm with lawyer...



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  • statuslaw
    01-22 06:03 PM
    Thanks, singhv_1980!

    My job is related to research in chemical engineering. Do you mean my name check or security check was already done? How long to wait for PIMS verifications?


    There is a possibility that you are also stuck in PIMS verifications. There is a whole bunch of threads going on with the topic. I believe security checks are done if your job profile is sensitive (like semi conductors, nuclear ).

    Good Luck!





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  • dcrtrv27
    11-13 07:59 PM
    I got the follwing form web site...Has anyone heard of trying this path?
    I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(

    USCIS Expedite Criteria
    USCIS Expedite Criteria

    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    Severe financial loss to company or individual
    Extreme emergent situation
    Humanitarian situation
    Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    USCIS error
    Compelling interest of USCIS
    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.



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  • amsh
    08-22 01:52 PM
    I think yes ,if you have a scanned or original copy or the Application number of old I140





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  • eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.



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  • diptam
    02-18 02:38 PM
    Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

    a) Timesheet signed.
    b) benefits confirmation ,
    c) email correspondence to indirectly prove that you were working in H1 status and getting paid

    Hope this helps


    Is paystub needed When a person is on H1B and is out of project when AOS on 485.





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  • meridiani.planum
    12-17 06:23 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    curious: have you hired Murthy's lawfirm now or have they been handling your case all along?

    Do keep us posted on this. All the best! Hope it all works out for you...



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  • meridiani.planum
    12-18 11:54 PM
    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).

    :D:D:D





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  • fromnaija
    09-01 12:29 PM
    My FP was done on 9/28/09.

    You meant 9/28/2007, right?

    Once again congratulations on your approval. Please continue to support this movement.



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  • GIDOC
    07-14 06:24 PM
    I think you should go ahead and apply as your lawyer is suggesting. You do not have anything to lose with this.





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  • franklin
    06-14 08:04 PM
    I was told that as long as your priority date is current, you can file for AOS.

    As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application



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  • bkshres
    10-07 03:47 PM
    Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.

    Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?





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  • seattleGC
    03-28 05:24 PM
    Is part-time H1 and full-time student without F1, a problem with Univ.?

    I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?

    Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.





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  • krishnam70
    05-01 05:13 PM
    Hello..

    My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.

    Thanks

    For re-entering your left over time is sufficient, however if you ever want to travel out of US again you might need to go back to a consulate for visa issuance.

    - cheers
    kris





    a_yaja
    03-19 11:26 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!

    How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.





    arihant
    05-06 04:10 PM
    Additional Resources to Eliminate Backlog by Sep 2007

    The DOL reports that they are "scaling up" resources dedicated to the elimination of backlog cases. Their stated deadline for eliminating the backlog is September 30, 2007. Based on what we at the Murthy Law Firm are experiencing, they are going to have to really increase their efforts, particularly in Pennsylvania, to meet this goal. They note that the work at the BPCs cannot be compared to the PERM case processing, since backlog cases receive full review, whereas the PERM cases are based upon attestations and primarily are technology-driven.



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