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  • user
    11-06 09:50 PM
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  • prince_charming
    02-14 01:25 PM
    Hey guys,

    My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

    The decision was that both mine and my wife's I-485's are reopened.

    But its been almost 3 months and online status on USCIS website has not changed yet......

    Does anyone noticed the same situtation with their MTR approval and no online status change?

    - Prince





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  • sathweb
    02-04 01:23 PM
    Thanks four response. Do you have any format to write a letter to Senator or congressman?

    I created a letter by myself with detailed explanation of my problem. That included My I-140 and I-485 and my wife details as well. That was not necessary though.

    Most senators have their own "PRIVACY ACT RELEASE FORM" on their website. If you call them they will explain you what they need and they will fax you the empty forms. Trust me; they will guide you in the right direction. All you need to do is to call your local Senator office, they are very professional.





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  • dealsnet
    03-05 02:26 PM
    You didn't mentioned, how you are going to file AOS.
    Is it employment based? or family based.?
    If employment based, please fill your info.


    I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

    I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

    1. Buying/selling stuff online under my business name
    2. Contract work/1099's- built website templates for clients

    I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

    On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

    My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

    Thank you.



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  • karan2004m
    12-01 03:46 PM
    I have the exact same scenario :(
    i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.





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  • Blog Feeds
    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06oc09-4]
    ---------------------------------------

    DEPARTMENT OF STATE

    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.

    ---------------------------------------

    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

    SUPPLEMENTARY INFORMATION:

    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P



    More... (http://ashwinsharma.com/2009/10/07/dos-final-rule-on-amended-requirements-for-religious-workers.aspx?ref=rss)



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  • kart2007
    10-24 06:38 PM
    I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).





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  • ps57002
    10-04 09:02 PM
    anyone?



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  • chanduv23
    02-14 03:58 PM
    We want widespread support from all Physicians.
    If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.

    Please spread the message and get your organizations to participate actively in this campaign.

    Please post you pledge for support on this thread





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  • tricolor
    06-20 05:12 PM
    A # mentioned in the I-140 appoval notice is the one you should use. Sam, don't confuse the folks here by giving mis leading info.



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  • sk.aggarwal
    03-19 03:28 PM
    Thank you for your quick response Attorney Ruben.
    Is there a way to avoid this step or get PWD from some other source?





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  • Ruta
    07-17 05:38 PM
    Office of Communications
    www.uscis.gov
    July 17, 2007
    Contact: Office of Communications
    202-272-1200
    USCIS Update
    USCIS Announces Revised Processing Procedures for
    Adjustment of Status Applications
    WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that,
    beginning immediately, it will accept employment-based applications to adjust status (Form I-
    485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
    USCIS will accept applications filed not later than August 17, 2007.
    On July 2, 2007, USCIS announced that it would not accept any additional employment-based
    applications to adjust status. USCIS made that announcement after receiving an update from the
    Department of State that it would not authorize any additional employment-based visa numbers
    for this fiscal year. After consulting with USCIS, the Department of State has advised that
    Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
    purposes of determining employment visa number availability, and that Visa Bulletin #108
    (dated July 2) has been withdrawn.
    �The public reaction to the July 2 announcement made it clear that the federal government�s
    management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I
    am committed to working with Congress and the State Department to implement a more efficient
    system in line with public expectations.�
    USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
    107 a full month�s time to do so. Applications already properly filed with USCIS will also be
    accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
    through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
    apply to all other applications filed on or after July 30, 2007).
    -USCIS



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  • raj1998
    02-18 05:11 PM
    Its been more than two months I applied for my H1B visa extension, it got approved and I received I-797 also but online status still show 'Application Received and Pending'.
    Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....





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  • dilipb
    02-13 09:28 AM
    Yesterday USCIS announced officially that they need 1300 officers.
    Their recruitment, training etc itself is going to take about 4-5 months.
    So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.

    Closing this thread from my perspective since I have some good information.
    Thanks to all for providing inputs.



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  • InTheMoment
    04-28 01:04 PM
    ....and that is precisely what happened when thousands of "pending demand" GC's were issued in June 2007 and the early hours of July 2nd, just before the fiasco.

    Pre-adjudication as a policy started in early 2006 especially at the NSC resulting in tons of "pending demand" cases just before the fiasco.

    Coming to the present time, with several receiving RFE's when their PD's are not current, I would suspect that many would en-masse get their GC when DoS moves the dates forward substantially compared to now.





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  • MetteBB
    05-11 03:46 PM
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  • txh1b
    04-15 10:51 AM
    Loooong road ahead! Good luck. Hope it gets approved as it might be tough to get a labor approved in this economy.





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  • karthiknv143
    07-26 03:01 PM
    Please update the tracker





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  • kbsyed61
    03-17 12:59 PM
    This is what my attorney replied to a similar question.
    ------------------------------------------
    From: Attorney

    Your wife could get the shots now and hold on to the evidence and then we will submit it when we get the RFE. She could wait for the RFE but then if she has become pregnant again...... so best to get the evidence now and we can just hold on to it.

    -----------------------------------------

    Hope this helps.





    jsb
    10-30 02:33 PM
    I was in the same situation until a few days ago. Those who are still waiting for this unreasonable period of time, may want to signup for Ombudsman's conference call on:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov

    I attended last call, which was very helpful.





    lazycis
    01-10 04:23 PM
    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.

    Correct.



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