Saturday, July 2, 2011

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  • chmur
    07-27 06:46 PM
    Also issue of discrepancy of EB2-I and EB3-I is raised first time that is after Aug VB. But I think it will fade away after oct VB when normal processing starts as diff in PD between EB3 and EB2 will be 1 or 2 years and each category will have equal Visa numbers for 9 months.

    Also the issue of recapture was raised when in 2005 the dates were retrogressed . But I think the issue will fade away after 2014 when most of the categories will be either current or near current.


    PS; I am a strong proponent of recapture but such insensitive post to EB3 plight deserves such a response.




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  • desi3933
    07-09 11:37 AM
    Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.

    I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.


    � 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.


    [Emphasis added for clarity]


    ______________________
    Not a legal advice.




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  • grupak
    07-30 10:39 AM
    EAD for spouse and self, RD and ND June 18th, LUD on June 20th showing case pending,
    LUD on July 29th and July 30th showing approved and card ordered.

    My PD will be current in August.




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  • sanju
    03-10 04:45 PM
    I disagree

    2) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eleminate this huge backlog)

    3) IV says they have agenda but nobody knows what thier laundry list is.

    4) We need to work for lifting this country quota ... this is the only way out.

    Did you check 'About Us' menu at the top?



    .



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  • nogreen4decade
    09-01 06:27 PM
    Pooja, Kyon re? Are you feeling lonely or what? He doesn't want to talk to you... leave him alone ;-)

    I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....




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  • optimist578
    03-08 02:04 PM
    I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
    We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
    I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.



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  • ItIsNotFunny
    05-01 03:34 PM
    Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.

    Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.

    However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.

    Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.




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  • gagbag
    07-04 10:47 PM
    When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
    They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

    I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
    not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
    letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

    Shall I start green card again with company Y ?
    Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.


    Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.



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  • Ram_C
    11-06 02:09 PM
    Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.

    Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...

    not sure how far its true but came across some posts on http://www.immigration.com
    stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.

    I'm also in the same boat, haven't opened SR yet.

    good luck :)




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  • EADplease
    09-21 02:55 PM
    I got receipt numbers from the checks. Receipt notice date is Sep 14. But haven't received the actual receipts yet.

    For me, since my 140 was approved in TSC, my attorney sent 485 to TSC.



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  • ashwin_27
    11-19 01:25 PM
    The goal of this action item is to get as many impacted EB folks to write to/talk to their lawmakers. i assume that is why this action item was announced on the public forum.
    For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.

    We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....




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  • arihant
    06-11 05:34 PM
    Texas starts with SRC...
    WAC/EAC/LIN.. NO TSC as far as I know.

    South Region Center



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  • kumarc123
    05-08 02:44 PM
    Please contribute...

    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency




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  • Life2Live
    05-23 10:14 AM
    Hi,
    Can someone copy paste the email ids of senators. I have limited access to internet at my work place.

    Thanks and Regards,
    Krish

    Updated:
    I got the following email Ids so far:
    senator_bingaman@bingaman.senate.gov, senator@dorgan.senate.gov, senator_leahy@leahy.senate.gov, senator_lugar@lugar.senate.gov, senator@shelby.senate.gov



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  • KiranKashi
    11-18 10:54 AM
    Done.

    Please contact members of congress by clicking on the action alert below.

    It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.

    ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)

    Please spread the word everywhere for more participation

    Please post on this thread once you have sent the email. Keep this thread up for the next few days.




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  • nogreen4decade
    08-25 12:08 PM
    I never had a soft LUD on my 485 because of EAD renewal.... But one time I saw it, but my lawyers filed AC21 around the same time.... So I would think it was because of AC21.... So I was always under the impression that EAD renewal has no LUD's on 485, based on my experience


    My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.



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  • PBECVictim
    08-01 05:24 PM
    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.




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  • Sachin_Stock
    09-24 05:36 PM
    cat got your tongue ?

    Its an absurd analogy. If I stress it too much and try to derive some sense out of it, my bar on GMAT prep would actually go down south!




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  • Positive
    07-20 12:44 PM
    We all are equally frustrated with the situation we are in. We can always find reasons to fight within our community (EB Vs FB, Legal Vs Illegal, EB1 vs EB2 Vs EB3 - the list is endless). These outburst of frustrations / arguments and counter arguments do not take us anywhere.

    Let us keep supporting IV and build a strong partnership of interested parties. Let us focus on areas where we can agree. Many among us worked hard to build this community, let us try to strengthen and preserve it.




    StarSun
    02-22 09:19 AM
    Feeling depressed does not help you, your family, your employer or your gc process.

    Get up and register for the advocacy event (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)!

    Do something positive about your GC process instead of sitting and saying that it will be years before you get the GC.

    What you do about your GC is in your hands. You can support, and actively seek to mitigate your GC problems.




    desi3933
    07-10 10:18 AM
    Thanks for posting this link. This is a must read on AOS.

    This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.

    Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!

    TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c



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