Sunday, June 19, 2011

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  • BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10




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  • sands_14
    04-27 12:18 PM
    PD cud have been applied at time of filing the new I140 but now you need to file new labor and new I140 to get the PD ported.

    Still consulting a lawyer is best.




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  • DDash
    11-10 03:51 PM
    http://immigrationvoice.org/forum/showthread.php?t=3779

    WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.

    While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!




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  • cableman
    08-15 07:44 PM
    If you are sick of the GC retrogression and Canada is not your cup of tea, UK is another option for you. You can calculate your points online to see if you are qualified for the UK Highly Skilled Migrant Programme (HSMP). It is always good to more than one option.

    http://www.workpermit.com/uk/hsmp_calculator.htm

    :cool:



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  • ujjvalkoul
    01-18 12:49 PM
    try entering that number here
    https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    BUT, I am assuming she gave u the Receipt number for online tracking, which you may already have from ur receipt notice...DOES it start with SRC or LIN?




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  • Dhundhun
    07-21 06:17 PM
    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far

    For people from India, skin test is usually positive and x-ray normal. No one gets RFE for that.

    Why they should give you RFE? Is there any hidden message, which I am unable to makeout from your post?



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  • ajju
    03-01 11:55 AM
    USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.

    does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??




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  • knowDOL
    05-19 10:26 AM
    One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.



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  • franklin
    02-09 01:01 AM
    emailed the reporter to thank him of his support and give him more info on IV and their efforts and details on the IV agenda.

    I also emailed moveon.org, and asked for their help




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  • mhtanim
    06-08 05:42 PM
    I don't live in the tri-state...

    I have my W-2's from 99 and 00 so no need to call the University.

    What I dont have is the actual return (1040nr) which I "mailed" at that time.

    Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

    For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.

    As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.



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  • gcgalore
    08-05 10:22 PM
    I got my approval email today, but my wife's online status remain unchanged received and pending. Does USCIS process dependent's application separately? Both mine and wife's application was sent the same day, FP notices were received at the same time..I mean everything was done at the same time except approval.

    Any thoughts?




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  • binadh
    10-02 11:22 AM
    Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

    What the &*^% is going on? !!@$%ing DOL.

    :mad:



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  • styrum
    10-26 10:05 PM
    I got this as a real paper letter. The signature is a picture, of course, not real.
    No surprise here. We are not even a part of immigration reform for him.:mad:
    So in this standard reply "about immigration reform" we are not even mentioned.

    EDWARD M. KENNEDY
    MASSACHUSETTS
    Uinited States
    WASHINGTON, DC 20510-2101
    October 9, 2007


    Dear Mr. :
    Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
    Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
    Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
    Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
    Again, thank you for writing to me about this important issue.
    Sincerely,

    Edward M. Kennedy




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  • b2visahelp
    07-09 03:34 PM
    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!



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  • sku
    01-09 04:03 PM
    Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?

    I think ?

    Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else




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  • nhfirefighter13
    May 23rd, 2005, 04:37 AM
    I love the color saturation on the first one. Very well done. My one complaint ( a small one) is that bright object in the grass a little above and to the right of the watermark. I don't know if it's a rock or a stump or what but I'd suggest cloning that out.

    It'll distract those of us with "shiney-object syndrom" :D



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  • desi3933
    02-01 07:58 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.

    Contrary to popular myth, it is ok to file I-485 on F1 visa status.


    if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?

    Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • ajju
    09-07 12:07 PM
    Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).

    If you've been working for this company for past 2 years and now they are going to file your GC... and you've no prior experience.. you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this...




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  • idreamofgc
    10-07 12:55 PM
    Why not Fragomen clients ? DOL said that they didn't have different audit queues for random or targeted audits. My case will pass 15 months and I was thinking of asking Fragomen clients to query DOL.

    I know this is not going to help that much..but hey..what do we have to loose now:D




    senthil1
    05-09 11:58 PM
    As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.




    Roger Binny
    04-06 01:14 AM
    If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.



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