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08-02 07:20 PM
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:

Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).

Shortly after the memo leaked to the public the Immigration service had this to say:

�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�

What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.




More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
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perm2gc
12-09 03:05 AM
Hi,

I am going to get married next week.

I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.

I want to file the H-4 visa for my wife and I have couple questions :

1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?

2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?

Thank you for your help.

Andrea
1. First time it is always good to approach thru an immigration attorney.

2.No you don't have to.
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new2gc
07-20 03:54 PM
Speaking of I-140, I have applied that along with I-485 during July 2007 and I got approval in mail (hard copy to my attorney) in Feb'09, but my online status still shows initial review.

Will this be of any issue later? Please advise if anyone had the same issue.
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raysaikat
03-18 10:50 AM
I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.

please shed some light on this.
Thanks

You may be eligible to file under EB1-C. Your employer needs to sponsor.
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Cheran
07-01 03:55 PM
Thanks Reddy.

CasinoRoyale,
My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
Reddy, says yes. Anyone else?
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finimits
04-24 09:09 PM
Hello,

I would appreciate any help on the below matter. Thanks in advance!

My information:
----------------------
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011)

My Questions
----------------------
If I move to another company as soon as my 3 year H1B extension comes through and they start my GC process again, what do I have to be careful about regarding
1. Is this even possible?
2. Will the H1B keep getting extended after I switch employers.
3. Can I keep my PD?
4. If the new company is in a slightly different field but my job remains similar, does that matter?
5. What happens if after I transfer, my current employer revokes my i-140? Does that matter since my new employer will restart my GC process anyway? (Also, do i get to keep my PD in this case?)

Thank you very much!
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ganugapati
11-16 10:25 PM
Here is my current visa situation
Labor, I-140 approved
EAD/AP valid
I-485 pending for 3 years.
EB2/India � July 2007 filer

I got laid off last year and have been unemployed for 1 year.

I am thinking of applying for California state unemployment benefits. Here are my questions

1) Is there a risk that the EDD office could forward this information to USCIS
2) If the USCIS comes to know about this then is there a risk that they may issue a RFE for an updated job offer and subsequently deny I-485.
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gc_kaavaali
08-24 10:34 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4

Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
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jbs
10-04 03:04 PM
thank you!
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gc_bulgaria
10-23 07:42 PM
I haven't had a LUD since September - non after FP too!

Received AP today - status online still says pending.:p
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pinak32
11-24 06:46 PM
Hi, I have been searching for appointments in Canada for a while now, and have had no luck at all. I check the nvars website everyday, but it always says no appointments available. I read some posts here about how hard it is to find appointments, and started checking in the afternoons during work like they mentioned. I search in montreal, toronto, and vancouver but I don't find anything. Don't even need one for next week - anytime is ok.

Also, I looked at some services like XVARS and NvarsAppointment - does any one have any experience using these services?

Please advise!
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avantika.nandamuri
04-08 09:23 PM
As soon I got the receipt number, I started working for Company B. Now I have paystubs for almost 8 months. With those pay stubs, can i transfer to company C? If Company C files for a H1 transfer, with which H1B receipt will he file for transfer-H1B approval copy of employer A or H1B receipt of employer B? My attorney feels that my H1 transfer petition with Company B has got stuck in a security/background check, since USCIS has not responded to 2 SR's placed by my attorney and added that PP will not help if my petition got stuck in security check.
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jai_immigration
09-24 10:06 AM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
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hyoungill
04-28 09:04 AM
Thank you very much, baba84!

Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.

Part 2 says

I am applying for an adjustment to permanent resident status because:

"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.

Thanks!!!
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amitga
02-27 03:31 PM
Linky not worky

http://www.kellogg.northwestern.edu/ibcconference/
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gc2
10-04 10:58 AM
hi, i recently filed 485,EAD,AP for my wife and the attorney asked for check of $1010/- that includes unlimited EAD renewals.

Is this really possible ? Please advise.
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jonty_11
04-11 03:03 PM
USCIS is the US Govt..You do not tell Uncle SAm how to do their job....!!
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wa_Saiprasad
07-23 08:26 PM
Very helpful. Thanks for the post.
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rameshraju11
06-08 11:00 AM
Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent
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sanagani
03-25 06:24 PM
I have moved to san jose using AC21 last year but still have the address of my aunt in los angeles as they own a house , so that i do not have to go thru address change hassle, it is okay or do i have to provide my address
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pbojja
03-13 07:33 PM
Hi All,

I would like my parents and my younger brother who is in his engineering college 2 nd yr to visit me on visitor visa. My father is a government emoployee with more than a yr job left, my mother has retired last yr and my brother has still 2yrs left for his engineering.

1. Do you think they should raise any objection for my brother getting a tourist visa ?

2. Should my brother's case affect my parent's case as well? I think given my father is a govt employee in India, that should work in his favor? Any thoughts.

Thanks in advance,

Get Visa for your brother is a dream . Your parents should get with out any issues . I would suggest dont even try foryour brother as this will be enetered in passport and can cause issues in future
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