onemorecame
11-08 09:59 AM
Did you receive physical card?
yes i got my physical card, what about you bro? did you got approval?
yes i got my physical card, what about you bro? did you got approval?
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samirpatel08
03-10 01:44 PM
I agree with 'rexjamla'. My lawyer said same thing. I am working on my EAD, and I have not submit anything to USCIS.
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
DSLStart
09-10 02:33 PM
curretnly debating on HR6020 about illegal immigrants.
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EB3_SEP04
05-26 05:58 PM
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
more...
arunmohan
01-25 02:52 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
jcmenon
07-24 10:54 AM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(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 under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or 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
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(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 under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or 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
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
more...
Jitamitra
06-08 06:04 PM
Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
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LostInGCProcess
01-16 05:50 PM
Excellent writeup...It was very interesting to read, since lot of us are in almost the same situation.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
more...
HV000
03-19 01:26 PM
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
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cps060
01-31 04:27 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
more...
bitu72
01-31 10:04 AM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
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PresidentO
02-11 01:19 PM
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
more...
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rsayed
11-20 11:13 PM
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
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laborchic
09-12 11:06 AM
So many people in NJ Thread... How many are coming for the rallly....
Please forrward the Businessweek article to everyone.. This may give us a good bump in increasing the attendance..
Please forrward the Businessweek article to everyone.. This may give us a good bump in increasing the attendance..
more...
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tikka
06-10 09:41 PM
Hi
Since have some down time.. maybe we can try and revive local chapters?
You folks - Jersey was quite active, maybe we can all work together.
Please PM me
thank you
Since have some down time.. maybe we can try and revive local chapters?
You folks - Jersey was quite active, maybe we can all work together.
Please PM me
thank you
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gc_chahiye
08-21 02:15 AM
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
more...
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coolmanasip
03-07 10:43 AM
Yates Memo clearly says that ability to pay should not be a factor.....read below......
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.
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StuckInTheMuck
07-28 11:46 AM
Is this thread going anywhere in particular (that is relevant to IV)?
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jonty_11
07-11 04:20 PM
There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.
anilsal
12-12 03:40 PM
Here is an article that has some info on the non-ability to file 485.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
sanatshah
08-10 02:52 PM
Count me in.
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