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Wednesday, June 22, 2011

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  • delhirocks
    07-15 05:42 PM
    Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL..

    That sucks..Thanks for the explanation


    At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.

    Iam in the very same position. I do not have kids and thus do little research on the acts pertaining to this situation. But I am all for doing my part, if someone can explain and provide relevant links on how this will impact the EB community. I have no qualms in admitting that Iam in IV only to support the EB cause (it also helps me). I do not want IV to take up a cause that will have a dilutive effect on EB cause.





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  • octoberbloom
    12-28 11:39 AM
    Omm,
    I dont think you need to worry much since you might have just started your GC process and you have not filed your 485 yet. If I am in your situation, I will definitely go for it if its a real good job and if thats what I have been waiting for. May be you can restart the whole GC process.
    Nothing is certain in the GC process. Find a right job and then start your GC. That ways even if you are stuck for several years, you dont need to go find another job.

    n2b,
    I hav seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.

    Thanks





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  • hydboy77
    02-10 11:52 PM
    Congrats on getting your green card. its nice to see people like you visiting and participating in IV after getting green card.

    I have a question for you. You said in your post below that your 485 was approved end of september 2008. But I thought the visa numbers were already exhausted by august 21 2008 for eb2 india. Are u sure you got approved in end of September 2008 and not in august, did you actually get an email end of september or your LUD on 485 was actually end of september. Please dont get me wrong, I am not questioning your sincerity, I am just trying to understand if infact some case were approved in september as well for eb2 india.

    Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off an (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.





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  • ronhira
    07-22 11:17 AM
    u know what i think, doggy, doggystyle and devils_advocate are all the same person, or they are anti-immigrants who are teaming up. admin may want to look at them closely... i would.... others can keep an eye on these guys too....



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  • dc2007
    08-23 04:55 PM
    I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.

    But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.

    My point here is that:

    1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".

    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you





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  • sumansk
    10-03 11:38 AM
    GCaspirations...
    How do yo uknow ur app moved from nsc to csc etc.. when you havenot got anything...other than just the lud on uscis website...
    can u pl clarify?



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  • arunmohan
    12-20 01:04 PM
    Does this new rule allow H4 to work?





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  • Jaime
    08-31 05:10 PM
    There are hundreds of thousands of us, stuck in retrogression! There's no excuse not to bring 10,000+ to the rally! Let's think guys! Let's promote the rally more, talk to all your friends, visit blogs, univeristy international associations, etc and spread the word! Let's sponsor people, invest our finances and our time. If there was ever a moment in our lives to do this it is now! Once you get your green card you can go and start your company and be a millionaire if you want. Right now we have to suffer, give our money, time and effort and bring LOTS of people to Washington! Illegals did it for God's sake! Let's GO!!!!!!!!!!!



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  • insbaby
    04-09 08:33 AM
    could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

    infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

    - mortgage rates are one.

    It is difficult to get a document from the underwriter on what basis he/she approves the interest rate.

    Anything over $10K, an interest rate of 4.875% saves lot of money compare to 5.5%

    But why one gets 4.875% and another one gets 5.5% may not be questioned.

    There was another thread, a post replied as when he forced a bank to send him a document with explanation why his application was denied, it had very generic info, carefully excluding things that trigger legal battle.





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  • gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





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  • arihant
    06-20 02:38 PM
    Logiclife,
    I am planning to apply for my 485 and wife's EAD/AP through my employer's lawyer. My employer will not do my EAD. I hear that we can file our EAD/AP ourselves after we get our 485 receipt. If I do that, how do I let USCIS know to send any RFEs to me or my lawyer and bypass the previous G-28?

    TIA

    But, I will try to answer based on what I think you are asking.

    If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.

    For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.

    BTW, it is strange that they will do your wife's EAD/AP and not yours!



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  • Winner
    07-21 08:18 AM
    Oh my god.....Really? is the ice cold there?





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  • go_guy123
    12-20 03:13 PM
    Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.


    Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.

    So the law didnt change its the interpreation of law that was changed by the court case.

    Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.

    uscis decided to do that based on the interpreation of course case

    http://www.murthy.com/news/n_aaoall.html

    Based one that even this one could have been challenged.



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  • darslee
    07-06 04:59 PM
    Who understands the word Gandhigiri. Stop stuff like this :mad:
    I am not even Indian and I understand it!





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  • Motivated
    11-09 10:52 AM
    The 111th Congress begins its lame duck session on November 15th. The major item on the agenda will be what to do with President Bush�s tax cuts which are set to expire on December 31, 2010. This election was a major boost to the Republicans and it will affect the tone of this session. There are two immigration items on the agenda. Just before the election, Sen. Menendez promised that he would bring Comprehensive Immigration Reform to the floor during this session, and Sen. Reid made a firm promise of a floor vote on DREAM. Sen. Reid won a convincing victory over his rival due to the staunch support of Latino voters in Nevada. Many activists for DREAM worked hard for Sen. Reid�s campaign helping him cinch his victory. We urge Majority Leader Reid to keep his promise for a floor vote for DREAM during the upcoming session. The country is watching to see if the two Democratic Senators will keep their promises.

    NO CIR
    Maybe Dream Act
    Anything for us in the lame duck session?



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  • Pineapple
    07-08 10:06 PM
    First of all, are the bills really dead for sure?

    In any case, being idealistic and blaming everyone else is not helpful. It is not an ideal world, lets face it. :)

    Perhaps we should see where we improve.. Perhaps we have an opportunity here:

    If we are fairly certain we cannot expect any bills this year, why not put aside lobbying for this year, and put the money and energy saved into publicity programs? Buy advertising space on ethnic publications/websites and put up interesting ads? Start a campaign to put up ads etc on college campuses, for instance, to get the student community involved.
    It seems having a website and bulletin board is insufficient by itself to generate the critical mass necessary for a sustained campaign. It is a starting point, and we need to move beyond immigrationvoice.org.

    We have to understand why many people get cynical. If I tell someone to call senators and congressmen every six months, and absolutely nothing happens the first seven times, the eighth time, it is understandable if some of the people don't bother. If I then rant at them for being stupid/cowardly etc, I am certain to be dismissed as an idealistic crackpot for ever, so we need to be careful. :)


    Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us





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  • ChalapathiChitturi
    10-15 03:08 AM
    I filed my I-485 (Nov 2004 EB3), but my old labor ( EB3 Mar 2003) got cleared. I am going to apply another labor in EB2 and move this EB3 priority date to that EB2, that way my case will be current.

    Not very much sure about its possibility, any suggestions.

    But coming back to the point, you are in a better boat by not filing, you can atleasr make it as EB2 and get the Green card Faster.





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  • gc_on_demand
    06-10 04:06 PM
    Also Mr O said out look for Eb2 india is grim and could have delay for decades .. where Eb3 india can be set to Oct 2001 in oct 2009. His whole prediction is based on current demand from USCIS.

    Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.

    hope that makes some thing clear to members..





    insbaby
    04-09 08:33 AM
    could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

    infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

    - mortgage rates are one.

    It is difficult to get a document from the underwriter on what basis he/she approves the interest rate.

    Anything over $10K, an interest rate of 4.875% saves lot of money compare to 5.5%

    But why one gets 4.875% and another one gets 5.5% may not be questioned.

    There was another thread, a post replied as when he forced a bank to send him a document with explanation why his application was denied, it had very generic info, carefully excluding things that trigger legal battle.





    hopefulgc
    07-27 05:42 PM
    and u are saying this coz u r a programmer for uscis?

    A common misconception.

    Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.

    Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.

    So there was no new found efficiency in USCIS as many seem to believe.



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