Friday, June 17, 2011

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  • msp1976
    02-01 11:55 AM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school …. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?


    H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
    F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
    So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....


    If you are paying out of your pocket, you can go to college on H4..
    Student loans are not available on H4...No financial aid of any kind would be available on H4...

    Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
    as long as you can pay....

    I know all this because I did the research when my wife started her college..Should finish this may..





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  • rayoflight
    06-11 03:17 PM
    Pappu,

    Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.

    Thanks,
    Rayoflight





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  • mugwump
    09-26 12:00 PM
    She changed the article, but shouldn't we ask her to apologize for misinforming people???





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  • pbojja
    03-10 03:03 PM
    If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.
    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.



    They will do what ever They want to do ..They will take decssions based on them .. They may spill ..They may not spill ...They may suffer ..They may not suffer ..They may left over ..They may not left over ..

    Where They can be DOS,USCIS,Applicant or Numbers



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  • vandanaverdia
    09-11 04:19 PM
    bump





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  • GCard_Dream
    01-17 02:05 PM
    :D I can understand your frustration and I am also surprised by the very slow response. As crucial as this year is for immigration reform, if members aren't committed for immigration reform and aren't helping monetarily and every other way possible, the GC saga will continue for years to come.

    I thought everyone in this forum is high skilled and very well educated. Well that may be but if members who think that just checking this site for updates and not contributing for the cause in anyway will eventually bring the relief are not very smart, aren't thinking right.

    Hoping for the best and just checking updates isn't the answer to retrogression; contribution is.


    Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
    IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
    and start contributing today.



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  • logiclife
    12-21 10:28 PM
    You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...

    Hey, take it easy big guy/gal.

    You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.

    Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.

    IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
    When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".





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  • pmb76
    03-19 07:14 PM
    Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

    Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

    This madness has to stop !

    I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.



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  • anilsal
    07-18 12:48 AM
    Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).

    Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).





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  • logiclife
    12-27 12:08 PM
    was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..


    So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).



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  • grinch
    02-27 08:45 PM
    You can also use Mental Rey, and check the "final gather" option. Make sure when you use it you set the rays down to like 10 or 20, or it'll take forever to render.
    This will actually make all objects emit a certain amount of light depending on their brightness. For example, a stone wall will not make any noticeable light, but a bright white ball (a light bulb) will act as a omni light. I use this in almost all my renders to achieve a more realistic scene.

    That shader glow thing isn't what he wants I think. To add it though, open the attributes of the material, and under the special effects menu you just increase the value from 0. That does not make the object a light though, it adds a glow to the object in post (after the render), and so it does no make any actual light. .... i might be thinking of some other glow thing, soulty's way might work as well

    I will start my subway soon guys! I love the entries so far! Keep it up!

    Cheers!
    3dnirvana


    yeah I've known about the glow effect, and thats not exactly what I'm trying to acheive. But thanks for the mental ray technique, I'm gonna try it!





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  • sat0207
    04-27 09:23 AM
    Immigration Security Checks

    �How and Why the Process Works

    Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    � The Interagency Border Inspection System (IBIS)

    Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    � FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    � FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.



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  • met3259
    08-20 11:35 AM
    got my FP notice today..

    I485 RD - 7/2/2007
    ND - 8/3/2007
    FP Date - 9/04/2007 (FP Notice received 8/18/2007)
    Service Center - NE

    I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?

    My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.





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  • webm
    03-19 03:52 PM
    May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved,


    Approval depends on luck again as you know sometimes they follow random process and by that time dates can go back or stand still or fwd..no wonders anything can happen..



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  • alisa
    01-27 12:39 PM
    Arghhh!!!! I didn't want to start this.

    Lets hope things change to improve your situation in conjunction with improving my situation, and not at the expense of it.


    Well Alisa,
    Do you think its fair to discriminate someone based on their country of birth with all else being equal ?





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  • moonlight
    06-20 12:39 PM
    I doubt about illegal of taking color copy of driver license.
    If it is why would lawyers ask for it. My lawyer asked for color copy.



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  • tejonidhi
    09-10 04:23 PM
    i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.

    ... i am just venting but i think this is a sign of the times we live in :D .To the folks who say that everything will be ok with the new Prez comes, remember the congress will mostly stay the same.

    where do we stand. I thought we are legal horses.





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  • webm
    07-11 01:38 PM
    again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)

    It's true..even PD,processing times current scenario also..AOS approval rate was very slow...as it happenend for me 2 months May,June being current EB3-I nothing happened..:(

    Crazy CIS and its policies..:mad:





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  • jsb
    01-22 12:47 PM
    Well said.

    My Happiness lies whenever i strike a balance between both the scenarios you mentioned...some years its well balanced and some years the scale tends to tip on one side (but does not make me sad or atleast i dont let it make me sad)...I just try to keep an eye on the scale and try to balance it accordingly.....:)

    Everybody lies somewhere between the two extremes. Like in a Normal Distribution statistical curve, most are in the middle half.





    acecupid
    07-03 11:47 AM
    Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
    I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.

    If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.





    Anu119
    01-11 11:36 AM
    Hi:
    I just joined the chapter.
    Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....

    Wishin' for a better future ahead for all us immigration victims
    PD for self: August 03
    Labor Cert: pending

    PD for husband: Dec 03
    Labor Cert & I-140: appoved.