Monday, July 4, 2011

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  • vin13
    03-06 03:32 PM
    ------------------------------------------------------------------------------------------------------
    Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
    ------------------------------------------------------------------------------------------------------


    Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.

    Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.

    Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.

    If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!

    Dude,
    Don't you like the second part which says
    2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.

    I personally think 5 years is a long wati. 2 years may be reasonable.




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  • nikreddy
    06-26 05:46 PM
    guys new to this forum. Was in another forum. But here is the real deal.
    Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
    A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.

    thats it my 2 cents...from the inside




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  • sayonara
    09-06 09:15 PM
    Hi all,

    Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:

    EB2 India - Filed Sept 06
    140 Approved by TSC in Apr 07
    485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
    LUD on 140 - 08/05
    Recd EAD and AP - 09/06

    Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.

    Good luck to all those still waiting !




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  • jjava100
    02-14 03:36 PM
    Paypal transaction ID for this payment is: 29093004MH879794R.



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  • pitha
    07-09 11:47 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.



    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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  • girishvar
    08-10 09:59 PM
    I only got CPO on 8/8/8 and soft LUD on 8/9/8/


    My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
    Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?



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  • SleeplessinSeatle
    08-19 10:30 PM
    Thanks.. All of our checks were sent by lawyer and they were not telling me any thing. When I asked them repeatedly, they just said checks have not been cashed and our dear USCIS refused to give any update, as it has not been 90 days. I am still waiting for FP notice or receipt for my I485/I131 and receipt for I485/I131/I765 of my wife.




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  • vicks_don
    04-20 04:05 PM
    I currently have a job offer from the client .

    My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR

    My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.

    Would this be a problem ?
    When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?

    Help me out as I have to decide on the offer by weekend.



    All

    I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
    No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
    I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).



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  • my2cents
    05-23 09:07 AM
    You can not really change point based system and u can not ask for that..they are the policy makers..they are responsible for there own country.

    We should only ask

    - Clear the backlog for EB people as FB without country quota
    - Allow all backlogged people to continue on old system (h1b renewal/3 year extension until date of enactment.


    If all backlogged is cleared then for merit based people..

    - There is no LC or PERM..u can file adjsutment of status just as canada or Australia. ur PD will be current as backlogged is being cleared.You can continue to enjoy AC-21 after I-485.
    - You don't need H1b renewal 1 year or 3 year..


    "FOUCS ON CLEAR THE BACKLOG FOR ALL PEOPLE WHO ARE PENDING AS OR BEFORE ENACT THE LAW"

    in BTW i called the senators.




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  • InTheMoment
    06-16 11:45 AM
    Concurrent I-140/I-485: Yes
    Mailed From State: MA
    Mailed to NSC: June 11
    Received at NSC: June 12
    Transferred to TSC: ?
    140 approved : ?
    Receipt Date : ?
    Notice Date : ?



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  • xeixas
    09-10 02:33 AM
    It looks like prior to this visa bulletin, the DOS was just guessing the dates for the visa bulletins. Hopefully this behavior changes moving forward.

    The best example to illustrate this is EB3-ROW:

    1) Back in October 2006, this category was on 01MAY02. Very close to where it is right now.
    2) DOS was not getting enough visas from USCIS, so they increased the date. By May of 2007 (Same Fiscal Year) the date was 01AUG03.
    3) They still didn't get enough visas. So, by June of 2007 they moved it to 01JUN05.
    4) The July 07 bulletin happened and after that everything became unavailable.
    5) Then in October 2007, when the USCIS had not revised any of the July 07 applications, the DOS still didn't know what to expect, so they went back to 01AUG02.
    6) Again, they didn't get enough applications, so they moved the date up. By January 08 they were in 15OCT02. And in Jun, they went all the way to 01JAN06. Then they became unavailable again.
    7) In October of 2008 the date was in 01JAN05, which means that USCIS was not done with the July 07 cases and DOS didn't know what to expect. In April of this year they go back to 2003 (some I-485s that were received back in 2007 getting approved?) and then they became unavailable.
    8) Now in October 2009 they are back in 2002.

    With dates going from 2001 to 2005 then back to 2002 then up to 2006 then back again to 2002 (EB3-ROW in the last 3 years), it is easy to conclude that up until now, USCIS and DOS have been gambling with the dates. So the October bulletin could mean one of two things: 1) Either they have valid data now and the dates for this bulletin are realistic, which would be good because at least we would know now where we stand or 2) They are still gambling, which is neither good or bad, because with the previous history of movement in the dates, the dates could go back to 2006 again or even further...




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  • english_august
    07-09 04:54 PM
    There is a 99% chance of a TV crew covering this event. I just spoke with them and they are just working out the logistics. They will reach the USCIS office at around 12 PM and said that it would be great if some of us are available around that time to talk to them.

    Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.



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  • sumansk
    12-18 06:17 PM
    Here's something to laugh about ...so just relax and donot worry...GC is just a little story in a BIG LIFE !!

    year
    1997--arrived in US on F1
    2000- got a desi consulting co..
    mid 2000-- got first consulting assignment.. arrived with dried mouth and chilled shivers to client site
    2002- desi consulting applied for GC after lot of dilly dallying and negotiating GC fees
    2003- got married
    2005- kid arrived
    2006-- still waiting for GC..after frustrated with Desi co. changed job to another desi company.Same story begins as far GC is concerned.
    2007--Waiting for GC-frustration building up
    2008--Waiting for GC-frustration building up
    fast forward
    2020-got GC finally
    2024-Retiring and moving back to India after little saving.Trying to sell the house.. no buyers...

    Parents calling since last 10 yrs to return but delaying as thinking will return after GC.

    This is the story of typocal desi guy..

    So njoy yr life and forget abt GC tensions man..
    Relax and meditate




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  • chi_shark
    07-09 02:55 PM
    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan

    payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).

    the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)

    i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...



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  • english_august
    07-09 04:53 PM
    Sent the press release to local news stations in KY state. If they are interested in the story i will ask them to contact IV for more information.
    maine_gc - don't just refer them to IV. Interest is primarily ours, so we have to be dogged about pursuing it. Call someone, talk to them and be persistent in conveying our issues.




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  • rc0878
    09-17 08:56 AM
    Applications were sent to NSC on July 19th' 2007. I got my receipt numbers today and all three numbers (I485, EAD & AP) start with WAC ### ### ####. The online status for the applications say that the 485 application was transfered to Texas Service Center and the EAD & AP applications were sent to Califorina Service Center.

    Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?

    Is anyone else in a similar situation?

    Best of luck to all....



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  • cjain
    11-01 05:18 PM
    pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...

    the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..

    So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.




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  • redcard
    08-20 01:43 PM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.

    For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.

    I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.




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  • gcdreamer05
    02-01 08:36 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)




    India_USA
    09-14 09:26 AM
    It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"




    anju
    12-19 02:29 PM
    On the same boat. Filed SR twice. No fp notice yet.



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