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05/23/2007: IMPORTANT CIR UPDATE MESSAGE

For the last two days, the Senate floor focused on the procedural motions as to whether the Senate should take up and continue S. 1348 Comprehensive Immigration Reform Act of 2007. People know that this is the bill which the Senate passed last year and was killed in the House. S. 1348 is this bill which was reintroduced by Senate Majority Leader Harry Reid. By agreeing to proceed and go into debate, the Senate floor at least overcame the opposition by a few anti-immigration Senators.
On May 21, 2007, the Senator Reid introduced, for himself, Senator Kennedy and Senator Specter, a motion to substitute the text of the S.1348 by the bi-partisan compromise which was produced by a bi-partisan group of Senators and White House during the weekend. Accordingly, there was no serious debate about the controversial issues in the compromise during last two days other than Senator Dorgan's motion to amend the Senator's Reid's amendment to substitute S. 1348 to kill temporary worker program. The floor rejected his motion and his motion was defeated yesterday.
The debates on controversial issues in the compromise bill are expected to be heated up from today after the Senate floor passes the Senator Reid's motion to substitute the S. 1348. A series of amendments to the substituted bill are expected to be introduced from today on. This means that those who oppose the controversial poisonous elements in the compromise bill must mobilize their forces to pressure the Senate to amend these poisonous proposals in the compromise. This is the most important time for people to arise and act!
It appears that the restrictionist Republicans opposed the CIR last year on the issues of relief of illegal immigrants including temporary guest worker program and legalization of 12 million illegal aliens in the country. Since then, as affected by the pressures from in and outside of the country, including the swift of position in the Christian forces, Hispanic forces, White House, and other forces, these core groups of restrictionist Republicans shifted their strategies in such a way that they give concession to the issues relating to the illegal aliens including guest worker program and legalization of illegal aliens, and instead focus on strategy to overhaul immigration system to achieve control and reduction of the number of immigrants allowed to come into this country and more importantly to control the types of immigrants allowed to immigrate to this country in terms of the ethnic and racial backgrounds, and immigrants from non-English speaking countries. Underlying the point systems, concept of control of chain of immigrants, and removal of certain family-based immigrant categories are the hidden agenda of the restrictivonist and right wing Republican forces to control immigrants and more importantly immigrants from certain part of the world. This hidden agenda is disguised in the name of the country's need for immigrants who can contribute to the nation's economy. The center of development of this concept and proposal was the Heritage Foundation, the think-tank of the conservative Republicans. This agenda has been pushed forward for the last few years through its arms in various communities, including some immigration groups. They penetrated into some immigrant groups, particularly employment-based immigrant groups, to divide the immigrant community and their supporters.
By now, people have learnt the hidden agenda of the conservative and restrictionist group, and the opposition to the poinonous agenda that are conceived in the compromise is growing fast. It is clear that the country and the immigrant community have to pass a comprehensive immigration reform legislation this year. The way to achieve this goal is to contact with the legislators en masse to remove the poinonous segments in the bill and the hidden agenda of the restrictionists and pass the bill. Accordingly, the amendment process is extremely important to achieve the overall goals of passing the CIR and passing the CIR without poisons. This is achievable since this is the Democrat Congress. This reporter assures the readers that should the Senate fail to pass such workable bill, there will be no, repeat no, CIR legislation enacted this year and in the next few years.
Please copy and send this message to any one or any organizations via email or web posting or fax as quickly as possible!

Yesterday I came back from Vancouver after 4 day visit, using 30 day rule. My visa was expired but I-94 was still valid. CBP officer at Vancouver airport didnt create any problem. He looked at my expired visa on my old passport , my new passport and current I-94 date on I-797. Thats it. He even wandered why my old I-94 was still attached with old passport which no1 bothered to take out while I was going out of USA. So he took out old I-94 from expired passport and put a new I-94 on new passport. Thats all. He didnt bothered to ask my job letter, work details , company name etc.

I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.

I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.

Please advise. what are the chances of approval of my case.

Thanks in advance.

I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

Sorry to know about your situation....

Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

This is very tricky, there is only one solution.

You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

If you had already known about this, why did you make the mistake of sending her abroad....

My online status changed from approval sent to pending. Did you any further update?

My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?

I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.

Company A - EB3 � PD Nov 2004.
Company B - EB2 � PD Feb 2007.

In July-2007 I applied 485 Using Company A EB3. In Apr-2008 I moved to Company B and In Feb 2009 my attorney sent an interfiling request to change the category on my EB3 case to EB2.

My attorney also told that, in general this kind of update look complex to the USCIS people and ignore the request.

If that happens then the next thing is to let our senator or congress man call to USCIS and request them to show more attention on that interfiling request. And you should do this after 3 months after sending the interfiling request.

One question, did you received the same alien number on both the I-140s or not? In my case my alien numbers are also different.

Also as of today I did not know whether my interfiling is success or not. The only way I will know about it is by calling the service center, which I haven�t done yet.

My attorney has confidence that we can get the category changed.

Also as mmrao2007 specified, my attorniey also sent the documents with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers.

You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.

Yes, but it can only reduce your taxable income upto $4000. For those who are spending larger amounts towards education in graduate studies lifetime credit in my opinion is better option.

The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.

Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)

Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.

Hi,

I just checked online.. my status is showing follwoing message:
(This I-485 was a denied case earlier. But suddenly they Transferred my case in last month and now I see this status today).

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on June 29, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

Can someone please shed some light on this.

You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.

If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?

Thanks!

My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.

Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.

I negotiated with hospital to pay 15000 and paid off hospital bill.

I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.

Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?

Please advice...

Not paying the $500 is bad for your credit history. However, they should have no effect on your immigration --- AFAIK, the only thing they check if you were ever on public assistance ...

I changed address on pending I-485 and I-765(EAD) on 8/20 and 8/20 evening I received Card production order email for EAD. When I called the 800 number to make sure they have the correct address they said they don't have access to personal information. Upon asking to connect to second level CSR/IO they said they can't forward my call there. They asked me to take InfoPass for this.

Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1

I am also copy pasting the same content if you cannot open my link.

How to record departure from the United States after the fact.
Question: I did not turn in my I-94 when I left the U.S., what should I do?
Answer:

If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.

If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

* ACS - CBP SBU
* 1084 South Laurel Road
* London, KY 40744

Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.

To validate departure, CBP will consider a variety of information, including but not limited to:

*
Original boarding passes you used to depart the United States;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
*
o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
o Dated bank records showing transactions to indicate you were in another country after you left the United States,
o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.

If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.

Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

Regards,
Jayant

To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.


Can you please share what steps you took to follow up with NSC on interfiling and did they respond to your requests.

Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
I had not read that one...If cornyn amdmt gets through we are in a good shape then...

Could anyone senior in the forum please let me know if there is any way for me to get 485 reopened sooner where its USCIS mistake to deny 140 and 485.

Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...

Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""

Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.

PLease let me know what you guys think about the whole situation.

Thanks ahead about your concern ......

EB3 (ROW)..PD May 2006

I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!

looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....

Thanks :)