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  • ksircar
    04-04 03:38 PM
    Why is it still unaccessible? Are you guys experiencing the same?
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Does anyone really care?




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  • waiting4gc
    06-29 01:58 PM
    If you read the form, it says Alien number. If you have one, its a simple answer, USE IT. If you had one during OPT and one more on 140, you should ask your lawyer which one to use. Thats my opinion. Always consult a lawyer but as none of us are lawyers.

    now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this




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  • zinchak
    10-19 01:34 AM
    Please see this if you have an emergency.

    http://boards.immigration.com/showthread.php?t=260914&highlight=guard

    Good luck




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  • Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?

    No.

    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically
    approved?

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.


    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
    investor?

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.




    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)



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  • rbalaji5
    02-20 05:25 PM
    rbalaji,

    If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

    Looks like they have begun processing applications filed in July 07.

    NSC - PD MAY 29 2007.
    I-140 APPLIED ON JULY 06TH 2007
    I-485 APPLIED ON JULY 27 2007.
    I-140 APPROVED ON JAN 15TH 2008




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  • HOPE_GC_SOON
    07-19 08:43 AM
    Hi Leoindiano:

    What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.

    my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.

    Can you enlighten us little bit more.

    From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.



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  • satyachowdary
    06-01 09:22 AM
    Hi,
    If old priority date is not ported then send an email to ebupdate.tsc@dhs.gov(for texas service center) and request to use old priority date for your new application and ask them to interfile I-485. Google for 'I-485 interfiling request sample letter' and you'll find sample format letters. My interfiling request took just 1 week and I got CPO letter, waiting for the physical cards. Good luck.




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  • xbohdpukc
    03-11 09:58 AM
    But the point is - Has he/she said it can not be done at I-485?:confused:

    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.



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  • ImmiLosers
    03-10 10:01 PM
    URGENT -
    I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
    My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.

    Please let me know yr opinion.




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  • number30
    06-15 11:54 AM
    If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate

    Birth certificate issued by Indian consulate is not accepted. It needs to be from original source. Submit as it is. If they ask later you can submit affidavit from Parents or nearest relatives.

    http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html



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  • ArunAntonio
    09-16 01:15 AM
    Members in and around the DC area please show up for the Rally, we all need to participate to make this a success.
    We all are the benificiaries of any positive out come of this, why not be a part of it?
    Please join the rally.




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  • teky
    03-25 11:31 PM
    You can use follow to join to allow your wife to get an EAD after she finishes her waiver (If you have a GC by then and your PD is current). I am not sure if she can immediately file after her waiver. Any gurus please reply. Signing another contract in a waiver location is painful (after initial contract pf 3 yrs is over). Also if anybody can reply on how much time we can stay legally after the initial 3 years.

    As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.

    Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.

    Regards,

    Teky.



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  • sobers
    03-27 11:20 AM
    Talks about skilled immigration...

    Kudos to IV for all their efforts!!



    The Other Immigrants
    March 27, 2006; Page A16

    Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.

    While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.

    Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.

    Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.

    Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.

    Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.

    According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.

    "Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.

    This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.




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  • sp0
    09-18 10:31 PM
    What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.

    Q1. Do we need to wait till 9 months to apply for I140 and 485?
    Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
    Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?



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  • EB3_SEP04
    01-29 03:43 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.

    I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
    That's my guess, I have not seen their SOP (std operating procedure).




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  • Canadianindian
    07-22 06:34 PM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also.


    Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.


    Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?

    Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?



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  • tabletpc
    03-18 01:40 PM
    rrk,

    you ned to be more specific about your situation in order for us to give our 2 cents.

    1. Did you get EAD thru your spouse...???

    2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.




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  • eastindia
    04-22 10:10 AM
    This is all election fever and fear, they could have easily passed or amend Legal immigration first before taking CIR. Legals are SCAPE GOATS in the hands of Hispanic Caucus.

    Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.

    Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.

    Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.

    I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..




    webm
    05-29 09:30 AM
    When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says

    Paroled until 02 Jan 2009

    My question is which expiration date should use for renewal purposes and apply the 120 day rule.

    Please let me know.
    You should still consider the one which is on the AP document...




    PlainSpeak
    02-16 03:13 PM
    Hi,
    My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
    I am working on EAD now, which is valid through 07/06/2012.
    I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".

    Following are the details from my labor:

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    Reponsibility:
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".

    Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?

    Thanks in advance.


    You need to check SOC codes for both the roles and confirm
    In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %



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