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  • interested
    01-18 01:34 PM
    Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.




    Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
    My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
    My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
    I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
    I would really appreciate any help

    (This is what I found on the internet)
    QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
    REFUGEE/ASYLEE ISSUES
    FEB. 28 2008

    5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
    beneficiary spouse of an I-730 Asylee Relative petition if she gets
    pregnant and has a child (from the petitioner, of course) after the
    petitioner was granted asylum �therefore this new child is not considered
    a derivative- but before she completes the Visa 92 process at the US
    Embassy. Does the US Embassy have the authority to parole the
    newborn child for him to join the rest of the family in the US?

    Answer: If the child was in utero at the time of the asylum grant the
    regulations provide benefit to that child as a derivative under 208.21(b). If
    the child was not in utero and the relationship with the child was after the
    asylum grant, then a I-730 petition can not be filed on behalf of this child.
    The U.S. Embassy does have the authority to grant a humanitarian parole
    and that would need to be addressed with the U.S. Embassy.





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  • ebizash
    06-26 01:50 PM
    How can any court / law hold the employee accountable for a contract that he / she did not sign? If I am reading it right, the OP is saying that the contract was signed by recruiter stating that the employee will be responsible for all costs. If that is the case, the contract should be binding on the recruiter if any one at all.





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  • hebron
    06-14 02:22 PM
    Hello All,
    My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).

    I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."

    My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?

    Thanks.





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  • Munna Bhai
    01-10 04:09 PM
    munabhai
    i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

    what that RFE was for?? education or pay??



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  • IneedAllGreen
    02-23 01:23 PM
    My Wife is attending her graduate school here. There is no need to show other than H4 visa and in most states you can have resident fees paid for your spouse study. More you can get information from the school you are intersted for H4 visa holder. Hope this help you.

    Thanks
    IneedAllGreen





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  • Al6200
    05-06 09:02 AM
    I never said it was. What I am saying is that it's off topic considering what he wants to achieve.


    He will? Why?


    Again, that's got nothing to do with the desire to learn Win32.


    And so can using the WPF in .NET, but how does that help with learning Win32?

    Sorry for going a little off topic... I just was showing him some things related to Win32, like if I showed him MFC or COM.

    Anywho, Win32 is a pretty cool API. One thing I'd recommend is Visual Studio's help files, or just creating a project in visual studio where the Win32 code is written in automatically, and then studying that code.

    If you're not using Visual Studio, a highly recommend you use it as a compiler. There is a scaled down free version.



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  • mhathi
    03-25 06:43 PM
    no it is SUSTAIN act. Not Strive. SUSTAIN only has H1 visa increase... So it will ensure that retrogression and backlogs are sustained... :)





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  • loudobbs
    10-09 05:49 PM
    That's my question too...
    :):):):)

    Yes. This is really useful. So when they say same are similar occupation. It does not really matter whether you are business analysts, systems analyst, configuration analyst, web-developer, architect, PM so long as it is in computer field as all these occupation codes start with 15-?????.

    http://www.onetcodeconnector.org/ccreport/15-1051.00

    I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.

    Any thougts?



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  • gc_in_30_yrs
    10-03 11:52 AM
    That is why you ALWAYS should keep a copy of ANY I-94 you are issued, whether at the border, the airport, or as part of your I-129 approval.

    This also serves the purpose of proving that you maintained legal status throughout your adjustment period, AND should you need to cliam back time against your H1-B 6-year clock, you have concrete proof of every entry (and USCIS can match this against their proof of your departures).

    This is not rocket science, people.

    Ofcourse, this is not rocket science. But we need to take a copy of all I-94's we received is new to most of us. I recently came to know that I need to have all of these copied before surrendering before leaving the country.





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  • wandmaker
    04-03 06:59 PM
    Have had unfortunate turn of events and need your guidance.

    I had a valid approved h1 petition and i-94 for 2005 through company A.
    Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

    Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

    USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

    The 2007 h1 was also filed in similar fashion as the 2005 h1.
    Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

    The only option is to get on h4 by applying from consulate in India.
    Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

    I want to know my chances of getting an h4 approved.

    You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.



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  • nrakkati
    08-15 02:20 PM
    Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?

    I don't know who signed mine. I don't see that info when I enter my tracking number in USPS.com

    I did not purchase "signature" service when I mailed my package.





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  • H4_losing_hope
    02-13 07:32 PM
    Immigration Voice. Make action your choice.
    Standing together on legal immigration issues.



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  • dealsnet
    10-09 04:40 PM
    You want to take him to India permanent ?
    Any family problem?
    He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav





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  • psaxena
    03-09 05:18 PM
    I had dream last night, part of which I still remember.

    As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
    I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
    I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

    And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

    And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.



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  • vasa
    07-16 11:50 PM
    yes, everyone at hill knows that we pay taxes/abide by the law and still gets screwed because we dont have any representations!...
    why is NumberUSA and other groups on CNN/FOX and other channels and our story is just passing comment..

    we need to confront these people with fact check; like there is a thread for Lou Dobbs fact check.





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  • gcloner
    03-28 02:46 AM
    hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

    pd's
    January 15, 2008: from April 07.. it became July 19
    February 15, 2008: from July 19... it became July 30
    March 15, 2008: from July 30... it became JUNE 08, 2007???????????

    Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

    this is the link to nebraska service center
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I NEED YOUR COMMENT REPLIES.



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  • pa_arora
    05-15 07:08 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?
    Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.





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  • BharatPremi
    11-24 12:33 PM
    Also include some text which says that you were an fulltime employee (40 hrs per week)...

    Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.





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  • snathan
    02-01 09:35 PM
    Q. Who is an optimist?
    A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

    Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

    How come a wife can have another wife...:D if you are not aware the OP is a girl.

    You didnt tell which movie cd...?





    Mahatma
    02-19 09:01 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.





    parablergh
    08-27 02:26 PM
    While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.

    After you provide some personal information, you may be able to receive your receipt number verbally.

    Unfortunately this has worked in some instances, but not in others - so good luck.

    If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.