chanduv23
03-14 12:07 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
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manderson
03-17 11:02 AM
I think becoz of anti-immigrant trolls on this website such activities has been taken offline to State Chapters. If you really want to participate then it's best to join your State Chapter:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
psaxena
02-04 06:02 PM
Lets meet up on the weekend in a park or something, we can do the potluck. It will be an open place , so no restriction or shortage of space if there are a lot of people. Would be a good social networking and also the meeting as well.
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
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DDash
07-24 08:28 AM
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
more...
GCNaseeb
08-08 03:55 PM
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
sunny1000
11-08 03:55 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):
Carry the Following Documents with You
Bring the following documents to your scheduled interview:
A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.
Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt
In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.
Note: Please obtain a new passport prior to your interview if:
- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or
- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.
U.S. visas cannot be placed in damaged passports.
If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:
Plus
I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers
First time applicants may consider submitting the following documents:
Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report
The Consulate will not accept documents received directly from the company by mail or fax.
If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.
All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.
Good luck with the stamping and God bless.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):
Carry the Following Documents with You
Bring the following documents to your scheduled interview:
A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.
Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt
In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.
Note: Please obtain a new passport prior to your interview if:
- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or
- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.
U.S. visas cannot be placed in damaged passports.
If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:
Plus
I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers
First time applicants may consider submitting the following documents:
Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report
The Consulate will not accept documents received directly from the company by mail or fax.
If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.
All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.
Good luck with the stamping and God bless.
more...
bluez25
08-26 02:18 PM
also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.
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maacho
02-13 02:05 PM
IV fluid for ur greencard ;)
more...
sunflowershower
12-03 11:52 PM
First, thank you all for your kind and fast replies,
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
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on_h1b_since_1998
02-08 03:11 PM
Thanks guys for the quick reply. Just one thing I would like to clarify. My old company was not acquired by the new one. It shut down and the client for which I was working then, transferred my H1B and employed me.
more...
amoljak
10-16 01:51 PM
Which country are you from ?
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ivgclive
04-13 04:56 PM
It is not a joke.
It happens to one guy last week.
My friend knows it for SURE.
He is working for a software company and that was the first time he traveled to US on a H1B visa.
As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".
No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.
How is that?
PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".
It happens to one guy last week.
My friend knows it for SURE.
He is working for a software company and that was the first time he traveled to US on a H1B visa.
As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".
No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.
How is that?
PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".
more...
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tinku01
07-16 04:22 PM
Bluez,
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
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gc_kaavaali
11-14 04:09 PM
somebody gave red mark...what happened???
more...
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GCHope2011
10-24 02:17 PM
Hello,
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
you can only apply for PIO and NY consulate issues it within 4 days (if you submit and collect in-person) or two weeks end-to-end if you apply by mail.
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
you can only apply for PIO and NY consulate issues it within 4 days (if you submit and collect in-person) or two weeks end-to-end if you apply by mail.
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john2255
10-20 06:24 AM
Look at the profile...... join date and no. of posts.
So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.
When I was active I always did my best to share my knowledge and help the people.
I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.
I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.
So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.
When I was active I always did my best to share my knowledge and help the people.
I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.
I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.
more...
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gc_maine2
05-24 08:36 AM
Good job Salil. Keep up the good work.
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mrsr
02-20 11:13 AM
InterFiling Help please gurus...
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martinvisalaw
12-01 06:01 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
saketkapur
02-07 10:53 AM
link??
chunky
07-26 03:17 PM
Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency
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