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  • radhikac
    12-21 02:56 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika





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  • karn.anand
    11-02 07:32 AM
    i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838





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  • whitecollarslave
    01-28 04:32 PM
    The misconception that immigrants are displacing American workers is gaining popularity. If we are to make a case for immigration reform that helps EB community, we ought to show that EB immigrants are not displacing American workers, but helping the overall economy. In the midst of current economic situation and growing public sentiment against immigrants, paying taxes, obeying laws and assimilating with American society and culture is not enough. It is important to stress the obvious - how individuals from EB community are contributing towards the economy, innovation and competitiveness. In order to illustrate this, I would like to get examples of people from EB community.

    The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.

    Thanks again.





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  • bluekayal
    11-01 05:35 PM
    I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!



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  • vivache
    11-08 01:27 AM
    Hey Gurus. Any answers :)





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  • bkn96
    02-18 10:58 AM
    My MTR got approved in 2 months from TSC.

    But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?


    I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.



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  • ak_2006
    05-05 06:04 PM
    On home page clikc on forums. Then select a topic. You should see new thread there.

    Thanks for the quick reply...Got it.





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  • kk_123
    09-29 11:23 AM
    --------------------------------------------------------
    How to add spouse to my green card

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

    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance... ---------------------------------------------------------------------------------------


    Hi,


    my brother has also seeing the same status message for his case.
    IF you got your card, Pls update it.It will help others too..



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  • bsbawa10
    08-03 06:41 AM
    The answer is yes. you can get inifinte 3 year extensions . I am one of the examples myself.





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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.



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  • mps
    07-17 10:34 AM
    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007

    VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?





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  • dsneyog
    11-29 07:51 PM
    I would still like to know if I can e-file? This is the first time I am filing for AP. I didn't do it along with my EAD application.

    Thanks



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  • JunRN
    07-18 03:55 AM
    I have this dilemma. Since schedule A is exempted from LC, the priority date of Schedule A is the filing of I-140.

    My question is:

    Should I need to file in July to get a "July" priority date to say that I am filing using the "July VB" or can I file in August, in which I will August PD?

    If I file in August then will get August PD, shouldn't it be construed that I am using the "August VB" therefore not allowed to do AOS?

    My lawyer says otherwise.





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  • FredG
    March 3rd, 2004, 08:06 PM
    I vote that you work the shot from every angle and show us what you came up with.
    Gary
    No disrespect. Just wondered what it would look like from every angle.
    Oh, did you mean one at a time? :)
    Fred

    http://www.dphoto.us/forumphotos/data/581/334Stair_Kal.jpg



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  • vik123
    01-18 08:57 PM
    Eb2





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  • ihabosman
    08-13 11:52 AM
    Thanks for the update - Lets give them 1 more week for clearing July 2nd.
    They are human beings too like us.

    By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?

    Thanks!


    Not so........According to my lawyer, they just received my I-765 receipt. Ironically my I-765 was filed in conjunction with my I-485 and I-131 applications on July 2nd!!!.....To deepen the mystery, they also received my wife's I-131, which was also part of her I-485 application!!!...... USCIS data entry practices are definitely intriguing to say the least...:confused:



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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.





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  • admin
    01-05 08:04 AM
    The $100 was just mentioned in passing. Please contribute more if you want to get really involved in this effort.





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  • shortchanged
    08-27 07:59 PM
    [QUOTE=Lisap;155340
    This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]

    If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
    If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
    So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.

    Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!

    I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.





    belmontboy
    10-06 09:35 PM
    I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.

    Not sure what you mean by 2 months before I had 3 offers??

    if you are talking about jobs, then all you need is one!!





    Phogs
    06-23 10:00 PM
    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.

    DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D

    CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D



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