Saturday, June 11, 2011

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  • SA EB3 Retro
    08-13 05:19 PM
    Congrats: I feel better after seeing your posting. Mine too was received by R William at 7.55 on 7/2. May be it is on way too

    Thanks. It appears they are working their way through the July 2nd filers. I was getting quite nervous as my current visa expires this year and is non-renewable. If the checks had not been cashed last week, I probably would have re-filed the paperwork this week. (If my attorney thought that would be in my best interest.)

    Best of luck to you and all other's that are still losing sleep over this. ;)




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  • guy03062
    04-25 09:56 AM
    Well there is definite gain for people who came here earlier which is more fair system. For example, I came in USA in 12/1997 but my PD is 06/2005. If someone who came to USA in 2003 (after 5 years I came) and is lucky to apply GC...lucky to get his labor+140 approved, he would get PD earlier than me!!

    It may not help at all.
    Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.




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  • Imm_Exploited
    07-30 11:42 AM
    USCIS - FAQ2 on I-485 Filing (http://www.uscis.gov/files/pressrelease/FAQ2.pdf) Could be of some Relief

    rbhatia88

    Some of the answers by USCIS to some questions on the FAQ2 could be of some relief to you.

    Here are some that could be directly related to your situation:

    Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?

    A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.

    Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status between July 2, 2007 – July 16, 2007 as a direct result of the inability to file for employment-based adjustment during that period?

    A26. USCIS has discretion to consider extraordinary circumstances that are beyond the alien’s control and may forgive a short gap in status for such aliens.

    Just ensure that you have proof of delivery of I-485 to the USCIS.

    Sincerely - IE




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  • pappu
    09-09 11:20 PM
    Just made an online contribution through my banks bill pay for $150.00. My handle should be part of the memo.

    On a more important note:

    WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.

    Thanks for the contribution.
    Contact us link is on every page at the top.



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  • julsun
    01-04 11:11 AM
    Has anybody called the USCIS customer service number regarding AP ?

    If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?

    One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.




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  • Jaime
    09-12 04:24 PM
    bump



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  • ragz4u
    02-05 11:24 AM
    Hi All,

    I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.

    Thanks
    RAJ

    SWA: Virginia
    SWA Receipt Date (Priority Date): October 31,2002
    EB2 - RIR
    Forwarded to Philadelphia Regional DOL on June 22, 2004
    BEC Case Number: P-04282-*****
    45 Day Letter Received and Replied : Feb 2005


    You can contribute by check/paypal/credit card




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  • nk2006
    10-21 03:30 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.



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  • paskal
    07-06 01:05 PM
    Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
    Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
    Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
    Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.

    It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
    ~AMK


    you are right.
    therefore iv's stand on this has been very careful.
    we are happy that uscis is showing great efficiency. the fact they screwed up with the original visa bulletin is a whole separate issue, the question is- why are we suffering for their mistake?
    all iv memmbers are encouraged not to harp the security issue, it's not in our interest.




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  • gc_on_demand
    06-10 10:00 AM
    There is a chance of EB1 & EB2 ROW spillover :D

    US bulletin is out too:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html

    EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.



    Dont dream .. Out of 140k it can be max 10-20k unused nos. Will it be useful for half million applications ???



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  • maddipati1
    09-01 11:57 PM
    other options? u mean like Canada ?

    what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.

    sour grapes? feeling like jumped out too quick?

    feeling like NA GHAR KA NA GHAT KA ?

    :mad:

    EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.




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  • cnag
    10-25 10:27 AM
    I have emailed to the Ombudsman
    what is the e-mail id for TSC/NSC?



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  • vayumahesh
    10-22 09:12 AM
    My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.




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  • crystal
    09-11 05:51 PM
    Seeing ur quote I remember another quote..

    Though What I am going to tell is not in the context of D.C.Rally

    Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say

    "Not taking a decision also a decision."

    In a moment of decision, the best thing you can do is the right thing to do.
    The worst thing you can do is nothing.

    - Theodore Roosevelt



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  • gconmymind
    03-18 01:16 PM
    Guys,

    The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.

    So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.

    Thanks
    Can you show us the source of your information? It is very clearly written on the IRS website that if Married and filing jointly, both need to have SSN. If one spouse has ITIN, you will not get ANY rebate.




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  • trueguy
    03-03 12:01 PM
    I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.


    Thank's
    MDix

    MDix,
    What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.

    I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.


    Thanks.



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  • h1techSlave
    04-12 12:05 PM
    I think the advantage of LLC against Sole Prop is about liability.

    If some one sues your business, LLC offers you protection, but Sole prop. may not.

    If you are on EAD, you can start the business in your wife's name. Now the risk is that she will run away and take the business with her; can't say that would really be a bad thing.

    S-corp is much more complex compared to LLC.




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  • beppenyc
    03-08 01:23 PM
    Barriers? Means walls? Does Senator Kennedy is in or is still at lunch?:)




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  • skgs2000
    12-11 05:20 PM
    2 tier filing as of now does not allow EAD. it is only to pre adjudicate cases for i-485. Also, it opens a whole bunch of other problems. please read related (old) thread to it on this site.

    If as part of 2 tier filing, EAD is allowed, i am all for it. So, we are only asking to get EAD/I-485 filing as soon as I-140 is approved.




    vparam
    09-24 03:07 PM
    it has to be similar job PLUS with an established company.

    from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).

    i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.
    You can be self employed used that for AC 21 as per yates memo. In that case wht does it matter if you are working for your wife's company. since it allows you to work just by yoru self ( self employment == own your own company)




    aerady
    05-09 05:40 PM
    I have been a victim of this rule implemented by DMV. On Texas the rule is like this. If you have Visa validity embedded on your DL, you will get a letter before 'Valid till Date period' on DL to show proof of approved I-797. In TX your approved petition you need to satisfy two conditions (1) When you go to DMV office, your approved I-797 should have atleast 6 months validity (2) The period on your I-797 should be more than one year. If you disqualify on any of these, they will suspend your license until you show a I-797 that satisfies the above two conditions.
    So, My case is like this:-
    My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.

    I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.

    I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)

    I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
    The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.

    I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!



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