Sunday, June 12, 2011

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  • srkamath
    07-21 11:23 AM
    FYI:
    I don't know if this is old news but thought of sharing it anyway.

    I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.

    He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.

    Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.

    The fax number is not made available to the general public. Only attorneys have access to it.

    BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.

    What is the fax number?





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  • WAIT_FOR_EVER_GC
    06-21 02:04 PM
    suggestions? ^^^^^^^

    1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
    Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
    2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
    3) Apply I-140, I do not know if we have Premium Processing for it.
    4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
    In your case 04 Eb3 will be now 04 Eb2.
    The I -485 will have the old priority date 04 Eb2.

    Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.





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  • amitga
    12-06 04:41 PM
    I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.

    In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.

    Please let me know your view.





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  • gcnotfiledyet
    06-23 03:49 PM
    and how do you know that.. did Rush tell ya???

    his statments during conference tell mya



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  • boreal
    08-29 01:54 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

    My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)





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  • reddog
    03-12 11:02 AM
    wow, you sanju, definitely have to chill out.
    you are definitely borderline clinical.

    and i aint attacking you, but your reply to the 'Clear two years of backlog' rings in my head when I see your name.
    Yes you quickly rescinded the post(i would call it a rant), but after mr. pappu made a stern warning.


    Here is another one




    I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .

    BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .

    BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .

    BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.

    What are they doing here? I'll just put them away . . .

    BUT FIRST need to water those plants. I head for the door and . . .

    Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .

    BUT FIRST I need to find those checks.

    END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .

    And, when I try to figure out how come nothing got done today, I'm baffled because . . .

    I KNOW I WAS BUSY ALL DAY!

    I realize this condition is serious . . .

    I'd get help . . .

    BUT FIRST . . . I think I'll start a new thread.

    Fool its not me, its the AAADD I was recently diagnosed with.


    .



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  • rayoflight
    09-24 01:40 PM
    ... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.

    Cheers,
    Rayoflight





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  • Dhundhun
    06-02 12:44 AM
    good point... is the employer supposed to share the labor information with us?

    Yes. One need to know, how LCA for GC was filed for at least two things:
    -- Job Profile
    -- Salary

    Employer should let employee know it.

    The reason they employers to hide is that if known, an employee may leave easily.



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  • avisitinguser
    10-11 01:08 PM
    Our applications reached to TSC on July 27. I have received my receipts. But no receipts and no checks cashed for my wife's applications. Is anyone in the same situation?





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  • dealsnet
    07-16 09:48 AM
    No problem with expired i-94. Just inform them about I-485 filing. I did it without any problem.

    Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,



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  • golf52
    07-25 09:49 PM
    Hello sss9i,

    Have you found an answer to your question? I'm in a very similar
    situation. I've got my I-140 approved (06/30/08), and my I-485
    is pending more than 180 days.

    I'm going through some interviews now (another company) and have
    a good chance to get a very good offer.

    Please reply with your comments.
    Regards,

    golf52





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  • rpatel
    02-13 08:26 PM
    Work Together, Win Together.
    Join IV to fight the injustice against 'legal Immigrants'



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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram





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  • rayoflight
    12-21 01:51 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread!

    Thanks for asking Pushkar. I did.



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  • senthil1
    04-14 09:58 PM
    Even though your employer made you to fake your experience you accepted that. If your employer or anyone complaints about faking your experience you may be in serious trouble especially if you put USA experience. That could lead to fraud charge (In case if anyone reports to FBI) in extreme case. But I did not hear any cases like that in past because no one made formal complaint to government agencies.

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?





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  • rani77
    02-02 09:39 AM
    Thx for your reply.

    But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.

    I dont know what your comapny lawyer(you say HR they are least qualified for such advices in majority of situation) told you, but i know that you must posses the AP document in hand before u leave the country to use it for reentry. I think ur wife will recieve the passport soon ( this is due to glitch in the new PIMS verfication system) .You cant do much in this situation but just be paitient.



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  • micofrost
    09-01 05:37 PM
    Dude,

    Since you have said "no offence", I will be polite too.
    First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.

    Compare 3 million to the 1.15 Billion population. You calculate the %age.

    Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.

    And the person who is trying to immigrate, has nothing to do with his/her culture.



    No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.

    Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?

    If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!

    I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.





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  • gsc999
    10-17 03:03 PM
    I did that recently for an interview at New Delhi.

    You will need to fill all the forms and then be allowed to proceed to pick a date for interview.

    For sake of convenience fill in the field 1 to 14 on the main form and then you can come back and modify rest of the fields till two days before the interview appointment, that might save you some time. As far I remember you can modify most of the fields in other forms.

    Use Internet Explorer, I had some additional problems because I was using Firefox.





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  • garry_kay
    06-20 11:52 AM
    Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.

    1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?

    2)the Online Status Still Shows "in Process"

    Gurus, Please Help Me

    Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?





    nozerd
    11-17 11:44 AM
    Do you agree with this statement

    If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.

    Thanks





    atul555
    05-07 01:14 PM
    Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
    I think based on the information on other threads its usually normal nothing
    can be derived of that LUD.
    Wow, it seems a theme is developing here. I also had a soft Lud yesterday, and I am in 04 priority date, like so many of you here. It's possible they are looking at the cases pending more than 4-5 years old.



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