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  • vinodp1978
    06-28 03:44 PM
    Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??





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  • gcisadawg
    02-23 03:01 PM
    Green Tech, There is a history of posts with buddyinfo alias buddyinusa alias buddyinuk etc etc. This guy has a background of sounding like someone from India, and attacking specific community, pitching one against the other, which it typical terrorist mid-set. The other day he pretended like someone from north India and attacked people from AP. He was also supportive and sympathic towards terrorist who attacked Mumbai on 11/26. Based on that history, I read between the lines whenever he post, and I see it in that light. Others in that category are sab and gcisadawg. I hope it explains where I am coming from.
    .

    Alright, Moral high priest! You are ready to criticize others but shoot the messenger if someone doesn't agree with your position.





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  • atlgc
    09-14 09:14 AM
    i bought mine after 140 approved but before 485 applied

    i enjoy a lot and took a chance let see how it turn out in a long run (good or bad choice).





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  • amitjoey
    05-15 10:57 AM
    Please consider contributing now. IV needs the funds.



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  • mallu
    06-21 08:24 PM
    Those of you who are now thinking that being able to file 485 will give you freedom - just read through the list to see how many 485 filers (mainly Indians and Chinese) are stuck in the name check russian roullette.

    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505


    This is one of the biggest bottleneck to 485 and naturalization processing. Most would think it would catch moslems - in reality it catches anyone in "hi-tech" and more often than not Indians, Chinese and Russians. And ofcourse Koreans too. One of the person's stuck in name check commented on the above link - if the FBI knew that a fifth of the nation shares the last name Kim! I guess the same would go for Wu, Yu, Zhou, Singh, Kumar etc.

    Different problems at different stages in the path to GC !





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  • fromnaija
    06-23 05:48 PM
    This now will give me a 2 year EAD. and even after 2 years If I dont get a GC, I will be able to reapply for EAD, at that time WITHOUT any FEES!!


    Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.



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  • Macaca
    06-15 05:57 PM
    This loss of visas is due to:

    gaps in USCIS� accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).





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  • lskreddy
    03-17 02:58 PM
    I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lenders were very lenient.

    Had you left your first paragraph off, may be people would have paid more attention. To say that the fed boss is clueless shows that you have simplified the problem way too much.

    Have you seen the BearStearns tumble and do you understand the cause and effect it may have had if Fed/JPMC had not come to its rescue? There is a very valid speculation that it may still have a ripple effect on all mortgage brokerage firms. For now, the Fed with its tourniquet with help from JPMC seem to have tried to stop the bleeding.

    And regarding your solution, the market is in a deep trouble with the 30 year loan rates around 7%. There is a very high chance that it may go up because of the risks involved in buying mortgage bonds. This is amidst news that the housing market is yet to bottom out and it may continue to fall at least for another year.

    Good try, even if I had a GC, I would be a little careful to jump into this market. Ofcourse, if I had a 30% down for a 250K home, may be I might get a good deal, but not many can afford a 30% down...

    All the best for all who can and thanks for trying to take the reigns from the fed chief....



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  • amitjoey
    05-10 03:31 PM
    My 4th contribution today $100 - from my bank

    Immigration Voice
    Member ID : chanduv23 $100.00 05/16


    Contributed $400 so far along with this.

    IV is doing a great job. Great going IV.

    Thanks chanduv23, We need more people doing just that. How about first time contributors?.





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  • gunsnkars
    07-19 02:56 PM
    What Raj is saying is get your GC first and process your wife's through family based which would take a very loong time...10 years!!!

    Now to my views..Your wife will be able to piggyback on your 485 application irrespective of her status H1-B or H-4 or F-1..She's your wife PERIOD...no problems there!!what i don't understand is this bangwagon "lets apply ours first and include our wife's petition later when PD becomes current"...Instead y not apply both petitions together when PD becomes current again!!Atleast you wouldn't have to worry what if my petition gets approved b4 my PD becomes current!!!And god knows how many years of H1-B extensions they would give you once you have your applied 485 receipt!!!At the end of the day it is your choice!!!



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  • desidas
    02-01 01:49 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

    --------------------------------------------------------------------------------

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.





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  • forever
    06-12 08:31 PM
    I agree with the analysis given by willwin. In fact, I was thinking on similar lines. If no visas are wasted and total number of pending employment based visas is around 200,000 as given by Mr. Op.. himself, I do not see any reason why dates do not move. My estimation is both EB-2 and EB-3 dates for China and India will hover in the range of 2005 ~ 2006. This estimation is based on number of applications filed during Pre-PERM and Post-PERM era with two recessions taking the toll on number of applications received by USCIS.
    Only assumptions in the above analysis are
    1. Figures given by Mr. Op.. is somewhat correct. (Seems to be correct based on monthly statistics released by USCIS since 2008)
    2. USCIS does not intend to waste visas.(This also can be safely assumed as they are following the policy of not wasting for the last two years)
    3.No country limit. (This seems correct if point 2 is correct)

    Now guys, do not disturb my dream.:)



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  • eb2dec2005
    04-15 12:31 PM
    Well, last year i was in a similar situation too ,actually worse than yours.My project ended in February '08.Then i went to India for 4 months. After i got back , my employer refused to pay for my health inssurance.I opted for COBRA and was paying 1200$ for my family , with my husband and child listed as dependants.I attended several interviews,while I was expecting my second child . Though its against the law, many were skeptical in employing me as a consultant during this time. I was very lucky to get a full time offer using my EAD, where my health coverage started after 60 days .All this time, without a project , i was paying through my nose for the health insurance using COBRA.

    Ofcourse, i never bothered to inform my employer about my new employement.(Do i need to??)One fine day, i get an update on my H1 application , that the case has been reopened for review , and i get to know through my employer that he has CANCELLED my H1(got a 3 year extension based an approved I140).He did not give me chance to transfer it, inspite of me working rather slogging for 4 years , during which he shamelessly took the overtime money i earned as part of the billing.Though, i feel cheated,used etc etc.... but i did nothing. What could i have done?
    All through my journey in this GC process, i have had bitter experiences with desi employers.Though i've been in this country for 10 long years, i am still sitting waiting for my GC with the PD of Dec '05!! The previous employer, said he was filing my GC under EB2 but actually used EB3. And he also was willing to 'sell me my labor' for 12k!!!!! when i requested for retaining the PD. I coulddo nothing..
    I am not writing all this to vent my anger but to make you think that there could be other worse things happening to us.

    Also can somebody educate me on the 'stimulus' ,please?(pardon my ignorance)

    Thanks





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  • pmb76
    03-18 01:31 PM
    Did you get to keep the stuff you stole ?



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  • nav_kri
    12-31 01:22 PM
    So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?

    Searched on google and got the following info

    MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
    Chat User : Thanks a lot in advance for the kind-hearted services,
    Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
    change my employer now, can I get 3-yr extension, and can I keep my priority
    date even if my employer cancels I-I40?
    Attorney Murthy : Based on the current understanding of the law and
    the USCIS interpretations, one is allowed to file for a 3-year H1B with a
    new employer based on the I-140 petition with another employer. Also, the
    person should be able to retain the earlier PD unless the USCIS believes
    that there was some sort of fraud. We have seen them grant the earlier PD in
    most cases, even after the earlier employer revokes or cancels the
    previously-approved I-140 petition. Many employers nowadays are choosing not
    to pursue revoking the I-140 petition, especially if the employee paid for
    the processing.


    http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html

    Job Change - Transfer of Original Priority Date
    This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.

    If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.


    You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.

    Cheers and Happy new year :)





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  • clear485
    07-04 03:06 PM
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance

    You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140

    "Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....

    How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....



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  • nandakumar
    05-11 12:08 PM
    Even though i hope for the best but my least expectaion is to allow us to file 485 even without PD being current and exempt the family members to be included in the GC count.





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  • walking_dude
    08-14 10:58 AM
    EADs include special security measures to prevent counterfeiting and forgery. Only certain centers have the machinery needed to produce these cards. Since EADs are used as REAL ID for travel and DL etc., USCIS decided to stop issuing Interim EADs at Field Offices.

    So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!

    You can find your Senators/Congressmen here

    Senate - http://www.senate.gov/general/contact_information/senators_cfm.cfm ( Choose your State in the dropdown)

    Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp





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  • hopefulgc
    07-04 02:22 PM
    I am not sure how encouraging it will be for you to hear about some of our friends in tristate area.
    Pretty much like you (Desi employers, 80/20 or 70/30 arrangements, found contracts through dice/monster/hotjobs, filed in jul 07 fiasco and AC21'ed off to full time positions). There is nothing wrong with these arrangements but unfortunately they are considered pretty much illegal from the H1b & immigration point of view.


    Employers of many of them who have received their GC and many who are pending are currently being investigated. First they closed the gaping hole called substitution and now they are after all these sketchy employers and the petitions pending/approved through them.

    It sucks for people whose petitions have been approved and are now trying to crystallize their lives by buying homes, etc. Administration holds the trump card in that they can revoke GC/citizenship anytime.

    Few of these desi employers were nice enough to notify the beneficiaries. Many of these cases involve people who filed for EB2 i-140 to capture their EB3 dates after changing employers.





    shimul99
    10-25 03:51 PM
    I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.

    Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....


    Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.

    1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
    his signature). Now if his file is in BEC this would not have happened so it is
    safe to assume that either he might have used substitution labor OR his file
    is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
    period there were lot many software glitches in the PERM system so many
    lawyers were almost hesitant to file under PERM. But assuming that his
    lawyer took decision to file under PERM, end to end process was almost 4
    months for PERM so either his file was reached before Feb 06 then only he
    could have labor approval in May 06. So there is definately something
    wrong there.

    2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
    (His signature)?

    Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.





    WithoutGCAmigo
    06-18 11:40 AM
    Do they have a rule that an interim EAD has to be issued in 90 days???

    Looks like USICS wants extra money for EAD and APO also ..They may come out with a Premium Processing route



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