Saturday, June 25, 2011

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  • bigtiger
    06-30 05:33 PM
    Hi All,

    By reading the AILF pdf:

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.





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  • days_go_by
    09-11 10:59 AM
    After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
    If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
    One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.





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  • prdgl
    02-10 09:43 PM
    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).


    Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.


    So if i switch now, I will

    1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
    2. I get a very good attorney to file my GC
    3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)


    If I don't switch, my odds are that

    1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
    2. Can't talk to the attorney directly


    So IS IT WORTH switching the employer for

    1. Gettting into EB2
    2. Getting a good attorney to file my LC
    3. Be able to talk to attorney directly


    Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?


    Thanks





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  • anilsal
    01-14 12:04 PM
    I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.

    Thanks again to everyone for the suggestions.

    Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.

    So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.

    You would have saved filing fees and medical fees.

    But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.



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  • whattodo21
    05-03 10:24 AM
    Right.

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

    catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.





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  • vin13
    01-03 09:29 AM
    Here is my 2 cents

    You need to consider school and Green Card as separate issues.

    The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.

    Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.



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  • Maon
    07-02 02:18 PM
    Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???

    Pls advice,

    Thanks,





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  • randomagain
    08-26 12:22 PM
    sonic = wow

    I've always liked this one...



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  • goosetavo
    01-31 12:14 AM
    By jumping ahead with high-skilled immigrants of course! =D

    Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.





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  • vandanaverdia
    09-10 01:42 PM
    Trying to keep this thread alive....



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  • shalinip
    03-17 12:41 PM
    Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
    I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
    Here is my petition break down
    1-140 filed-May 2009
    !-485 filed June 2009
    EAD/AP Oct/Nov 2009
    RFE on 140 -Feb 9 2010
    Responded to RFE - Mar 11 2010
    Denial posted on Mar 15.
    Would filing the I-130 affect the refiling of I-140?

    Appreciate inputs provided





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  • sundarpn
    06-04 09:40 AM
    noob question...

    hasn't the bill passed in the senate already?

    Is there a deadline for it being cleaned up and passed or scrapped in the house?



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  • trueguy
    08-08 05:53 PM
    Guys,

    We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.

    Thanks.





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  • sodh
    07-27 04:08 PM
    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
    Do not leave them blank write none in the Allien#



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  • desi3933
    02-26 12:07 PM
    Don't give advise, if you are not sure.
    Nobody can file AOS, if they are out of status.
    ....
    CONSULT A LAWYER.

    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.



    __________________
    Not a legal advice.





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  • srikondoji
    07-02 01:55 PM
    In the month of June, USCIS employees had too much of Red Bull during normal business hours, otherwise they wouldnot have become so efficient/robotic all of a sudden.

    How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?

    Did DOS played a hardball with USCIS?
    By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.

    Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
    Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.

    Allegations against DOS and USCIS heads
    1) They have colluded with doctors and lawyers to make a quick buck.
    2) They are 100% inefficient and need to shutdown their shops.
    3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.

    There needs to be accountability on their part and own the mess and pay us back every penny.

    I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.

    In just 2 weeks these guys have shattered my dreams.
    I had so many plans and they are broken all of a sudden.

    No wonder mexicans are smart by not following rules and then protest on streets.

    Its time for civil disobedience.



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  • augustus
    05-12 09:18 AM
    Dear All,

    Could you please advise, if we can port eb3 to eb2.

    My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

    Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

    If yes, what should we be careful about and how should we go about it?

    Sincerely,
    Augustus





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  • vjkypally
    07-26 02:09 PM
    This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.





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  • lifestrikes
    02-11 02:16 PM
    6 Months back I had to sent visa stamping documents to Tricy and had just 10 days ( 6 working days) to get the documents there.

    I went to USPS and tracking was bad.

    You can track the package till it enters India and after which they use Indian Postal Service Express service locally. So, there was no tracking available from Mumbai to Trichy.

    About 1 Week after they received the package, USPS website updated saying package was delivered.

    Sent Package on Saturday Afternoon and they received it on Thursday.
    If you need piece of mind and track the package all the way, go with Fedex

    2 Weeks back my teammate sent Visa documents to his parents through Fedex

    Fedex : ( Friday Evening and reached them on Thursday Evening) - Paid $102





    dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;





    rockstart
    04-23 04:17 PM
    Thanks for the response guys. I think it is better to change address because address forwarding does not work with USCIS letters. I have seen the trouble my friend had to go through to get his GC.



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