Friday, June 10, 2011

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  • hmehta
    07-14 10:32 AM
    Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)

    My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

    I would ask you guys to consider filing especially if your PD is in 2005 or later.




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  • goel_ar
    11-19 08:28 AM
    Hi ,

    What number I can call at? When I call them- they told me I have to come in person to get status as they can't give it over phone for non-US citizens.


    Thanks,
    AG




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  • kbsyed61
    06-04 02:41 PM
    A friend of mine got his approval email yesterday.

    His details are:
    PD - April 12 2003.
    I-485 RD - Last week of June 2008, ND - July 16th 2007.
    Received RFE 5/14/08. (Previous I-94 copies, Wife's Vaccinations)
    Reply to RFE - 5/30.
    USCIS got acknowledgment 5/31. Soft update again on 6/02.
    485 - AD - 6/03 received email about card production ordered.




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  • Jerrome
    04-08 02:22 PM
    I meant EB-2 India and China alone



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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin




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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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  • razis123
    01-27 02:06 AM
    so does it mean in the coming months the July fiascos 485 applications will be processed....then what..?




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  • ganguteli
    04-17 12:14 PM
    Ganguteli,
    I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
    If you look at my personal perspective, I am trying to be careful during these hard times.

    No hard feelings. Take it in lighter vein. The question caught my attention.



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  • Michael chertoff
    08-19 10:16 AM
    Admin/Moderators and other distinguish members,
    Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
    This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
    1. Say people in finance sector meet and exchange thoughts
    2. Religious in nature but will not be solicitation.
    3. General meeting etc...
    What do people in this forum think?
    Thanks
    Sanjeev

    Add Matrimonial too..only for H1b, F1B and any body without GC...




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  • Imigrait
    08-30 06:45 PM
    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.

    Is it Received date or Notice date?



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  • beautifulMind
    06-09 12:05 AM
    You can only get a US visa outside of USA and you only need a visa to enter US since you already in US then why do you need a visa? when you go back just apply for another B1 Visa




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  • seshadsr
    06-08 11:42 AM
    Sorry I am unable to attend but sent my first contribution 2 weeks back and this is my second
    Transaction ID: 15S40320JF846241C



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  • asterix
    02-17 10:13 PM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006




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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

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

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.



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  • rampaadh@hotmail.com
    05-19 07:31 AM
    I sent a detailed mail to Chennai Consulate yesterday for scheduling an appointment and got response in 2 hours! They said Transportation Letter is required for this case and i need to carry required documents to prove that my daughter's case was approved. Fee is around $175. Initially I thought I should apply for Returning resident visa, but they said it is not necessary and Transportation letter is fine.

    Transportation Letter - U.S. Consulate General Chennai, India (http://chennai.usconsulate.gov/immigrantstous/lost/stolen-green-card.html)




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  • paskal
    09-17 01:45 PM
    would not do to change names like that
    but many organizations use a decscritor line to define themselves

    eg:

    American Association of Clinical Endocrinologists
    The voice of clinical endocrinology

    you will find many others like that...why not something like

    Immigration Voice
    Working for reform in legal immigration
    or
    A voice for legal immigrants



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  • kirupa
    01-04 12:10 PM
    SirDuke - unless it is a library that comes as a part of a Flash install, then no.

    :)




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  • senthil1
    07-05 01:13 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.




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  • andycool
    09-15 12:28 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    Congrats..

    you really need to celebrate dude...




    deepimpact
    09-18 08:53 PM
    that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....

    USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.




    ajaz
    06-02 04:05 PM
    I filed my eEAD 45 days back, competed finger printing 15 days back, still I don't see LUD on my case; However, my spouse who filed 30 days back had 3 LUD, and a recent after finger print.

    Can guys suggest, is this common. Usually after FP I should see a LUD, right? What are my options..

    You response is highly appreciated.

    Thanks



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