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  • DannyBoy
    02-21 09:22 PM
    Not so. There are no quota caps for spouses of US citizens, hence no retrogression.

    Thanks, but could i still file for a concurrent AOS even though i am currently in the country on a AP?





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  • Nil
    03-10 10:33 AM
    Guys,

    Conflicting opinions are welcome and necessary. However, pls let us eliminate the mudslinging that gets personal so quickly, just because we disagree.

    From a practical point of view, given the situation today, getting doors open for citizenship looks remote: True.

    However, in a land of immigrants, We The Legal, can stress a case for fairness. Just because we were born in a certain country and were classified by the law, the lawyer and the employer, sometimes unfairly, to be in a certain category, does not mean that we'll get into mainstream 15 years after others.

    This is why we are a part of IV. There have been past successes with IV.
    Pls let us TRY.





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  • chandooo
    10-01 12:49 PM
    If your Notice date is in Sept 2007, we need to wait for our turn. Look for the NOTICE DATE on your 485 application.
    what does it means ???





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  • FUNTIMES
    06-22 11:13 AM
    I am in the same situation. Details Below.

    Me: EB2(10/2006) Pending I-140
    Wife: EB3(04/2002 SUBSTITUTION) Pending I-140

    Reply from My Lawyer.

    "Many people are in your scenario.
    There are many ways to do this. Each one being a little more expensive then others.

    What can be done:

    Your wife files as primary and you secondary on her 140.
    You file as primary and her secondary on your 140.

    Option #2
    You file alone on your 140
    She files alone on her 140.

    Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.

    You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.

    You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.

    If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.

    Reply from Wife's Lawyer(Murthy):

    "It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"



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  • appas123
    08-16 12:33 PM
    Gurus and "New" Permanent Residents,
    Did any one send a streamline email to NSC and did any get a better response then the "automatic script" response that you get from NSC?

    If you did get a positive response then can you share on what exactly you had in the content of the email?

    Thanks.
    As far as my knowledge goes, there is no streamline email for NSC. We did send emails to NSCSfollowup and SCOPPSCAT .. and got standard script response for both.





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  • shahuja
    01-31 04:45 AM
    Hello lost in gc land..
    i got no slip..VO said..approved and kept the forms and 797 and pp and said you will get it by courier.



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  • logiclife
    01-11 12:55 PM
    I dont really know what section 503 means.

    Does it mean that "other worker" that is nannies and cooks and gardners will get preference?

    --logiclife.





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  • mirage
    08-07 04:13 PM
    What's wrong happening in PD porting case ?? Original beneficiary is able to get a visa allocated to him by claiming he was or is eligible for EB-2 ? Where is fraud in this and as you said if law allows it and what's wrong... The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.

    On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.



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  • Canadian_Dream
    03-25 08:55 PM
    That suit will not stand a chance, not becasue it doesn't have legal merit but because it goes to the core of capitalistic system. Coporations can choose to hire and fire anyone as long as they don't fundamentally descriminate in writing. All of us know, that employers and hiring manangers have their preferences that might actually border legal descrimination so this is not an immigration issue as I see it. This is a broader issue linked to the power vested to the corporations in a capitalistic society, I have seen ethnic bias, age bias and all other kind of non-sense in hiring. Anyone claming that this doesn't happen or this is an immigration issue is simply in denial. It is just the way of life. As BharatPremi has pointed out, law says descrimination in the documents after hiring is illegal but it doesn't say that employer cannot choose to hire anyone as suited. Equal opportunity hiring practices are just guidelines which says job requirements MUST be uniformly and consistently applied to all race and color. It doesn't say you cannot choose to have an all white or all black work force. Unfortunately there is no law that clearly prohibits descrimination based on visa status (at least I am not aware of one). In fact the legal pressure is just for the opposite, that puts additional burden on the companies to make effort in hiring local workers first. The corporation can always say they have a policy to not hire someone with temporary work permit and there is no law against it. It is sad but that's how it is.






    Using the same logic, they can avoid interviewing an African American.

    I think we all should get together and file a class action law suit against those companies.





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  • nkavjs
    09-20 03:01 PM
    The question is ....... why is our applications (2nd July) not processed, where as applications for August filers are processed and ahead of mine.



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  • drona
    07-10 07:47 PM
    Quote from the Bollywood article, thanks sertasheep! Should put a smile to the face.

    In response to this event, Academy Award Nominee Vidhu Vinod Chopra, who produced the run-away successes "Munna Bhai MBBS", and "Lage Raho Munna Bhai" stated, "Mahatma Gandhi has influenced several personalities, including American Civil Rights Leader Martin Luther King, Jr. These young, law-abiding professionals have set out to strive for reform the right way- the Gandhigiri way."





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  • syzygy
    07-10 09:58 AM
    Like recycled labor

    YEP courtesy of a thousand screwed immigrants;)

    You know what lets donate blood, kidneys, brains, hair, other miscallaneous body fluids as well. Lets keep on giving and giving until they get the message that "hey these people cant give any more. Lets kick them out and get a fresh new batch of idiots".



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  • sunny1000
    05-17 11:51 AM
    Is AP a multiple entry document like a visa? or is there a limit on the number of travels within its one year validity?

    Thanks much.:)





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  • vikki76
    10-13 04:42 PM
    I was able to contact NSC using POJ today. Got same response- File is with IO for review.



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  • avi_ny
    09-22 03:07 PM
    When did you receive the mail?

    Sometime around 11AM.





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  • chanduv23
    01-14 10:52 AM
    People go by "how the wind flows" - when they just see a few of us stressing out they think they must not do anything - simply because they think wind is not blowing. Unless people believe in themselves and have the capabilities to make right choices and independent decisions, they will always be influenced by "negative flow". This is something we have always been facing in the community.

    Every member and a guest must take these efforts seriously. Make your own wise judgement and not get influenced by negative flow. The negative community can pull you down big time, they have the capacity to destroy themselves and the entire community. Laziness seems to be the major cause for the negative energy and it will be interesting if people have any other excuses



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  • caliguy
    10-26 03:51 PM
    Called TSC using the POJ method. Office told me that my case was approved on 10/26 (today) and card production was ordered. Officer told me that I should recieve the card in 30 days or less.

    I checked the online status, it still shows the same status as 09/15/2007. There are no LUDs either. I didnt get any emails or text message on my phone.

    Has anyone experienced anything similar?

    Why cant for once something be smooth sailing for me? I will call TSC again around 4 PM (just to confirm from some other officer).





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  • kewlchap
    10-06 04:01 PM
    Anyone tried Ombudsman for the recent EB2 approval issues? Any point in trying that avenue?





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  • appas123
    08-13 07:47 AM
    Please give me a call, if you donot mind.

    Thank u so much for your kind reponse.
    Ok. I will try giving you a call this weekend. Afternoon works best for me. Let me know if that is fine with you.





    sanjeev_2004
    10-08 09:20 PM
    One idea is to give GC to AOS applicants regardless of namecheck result, if all
    other security checks are OK and let the namecheck run in background . If the namecheck turns out critical , cancel the GC & deport the applicant.
    But USCIS and lawyers will loose big time , because of reduced demand for APs,EADs etc.

    Lets add this in IV action Item.





    485Mbe4001
    08-22 02:56 PM
    clarification from Ron Gotchers site about Sept Visa bulletin:- no progress for EB3 I/C..write letters...call, do whatever you can to highlight the issue


    http://www.immigration-information.com/forums/showthread.php?t=5984&page=3

    My interpretation was wrong

    --------------------------------------------------------------------------------

    This is what I got back in response to my inquiry:


    Quote:
    Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.

    My earlier understanding was clearly wrong. He was referring to worldwide third preference. This clarification also expresses concern that China E3 has very large demand. This, in turn, means that China E3 is not likely to move forward very quickly due to heavy demand.

    __________________



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