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  • Bhanu
    09-14 12:59 PM
    Order Details - Sep 14, 2007 12:21 PM CDT
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  • BornToWin
    04-11 11:48 AM
    Any Schedule A approvals for July filers?




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  • nk2006
    10-21 03:30 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.




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  • sinhakavinash
    07-26 03:44 PM
    I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".

    Any suggestions??



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  • julsun
    01-03 12:29 PM
    If they are processing september 16th then we should have received our APs long time ago.

    Please provide me the info on contacting NSC. I need to find out what's going on with my application

    Thanks for your help !!!

    I had called up on 1800-375-5283




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  • wanna_immigrate
    05-06 10:59 AM
    Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.

    Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.

    Thanks again.



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  • vdlrao
    06-11 02:53 PM
    vdlrao, Thanks ..good days are always ahead. can you tell me the reason for your optimism ? the problem I see is spillovers not going to EB3-I. at the very least they should have thrown some visas to EB3 out of pity :).
    In fact that is the only hope ..i.e. other categories will be in 2006 while EB3 will be in early 2002 late 001 ..and to make it look better USCIS will give some visas to EB3-I. in either case do share your reasons ..TIA
    as I mentioned in earlier post ..if EB3-I gets only the alloted visas ..that means around 30 families in a state gets a GC ..in most apartment complex(in the big cities) ..you will see more than 30 Indian families waiting for GC

    Due to the lot of noice we have done,most of the law makers know theres a community called legal immigrants, and their long waiting periods due to the outdated rules. The new OBAMA government's agenda is to take the immigration reform during his first year tenure in the ffice. Once the immigration reform took place, I am pretty sure there would be significat changes in employment based category, which drastically decrease the backlogs in all EB categories.
    In addtion to that "legals are first than illegals"- OBAMA. This itself is enough for clearing off all the backlogs.




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  • pani_6
    08-13 06:35 PM
    New Action Item for EB-3



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  • geofu54
    07-18 08:32 PM
    Thank you for all the great work. I'm a new poster, but a long-time lurker/reader/supporter of this site. My spouse and I supported IV about the bulletin fiasco thing (we wrote letters to congresspersons and media... no way let the agencies set a precedent of getting away with murder about the legal immigration issue). We just now made donation for IV's next action.

    My own case was approved early this year (and I do consider myself as a "lucky" one), but my spouse's case is still pending. Her security checks all got cleared within a month after we filed I-485, so we have no idea exactly what holds her. And now looks like we are engulfed by retrogression... legals' fight is far from over.

    We will make another donation... and will spread the words to our July filer friends. keep up the great work guys!




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  • I_need_GC
    03-13 02:32 PM
    Something just popped up from my family.
    I filed concurrent 140-485-765-131 in Nebraska.
    DHL delivered the package on 1st of february.
    My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
    My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
    How can I try to expedite without a receipt number?

    Well what you should have done was filed it with the local USCIS office with a letter proving the emergency at this stage all u can do is wait for the receipt notice once you receive that make an infopass appointment and explain your emergency with proof they will expedite.



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  • GCwaitforever
    12-26 02:30 PM
    http://www.cyrusmehta.com/News_Cyrus.asp?news_id=1426&intPage=85

    II. News from the Department of Labor (�DOL�)

    Progress at the Backlog Elimination Centers (�BEC�)

    William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.




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  • natrajs
    09-11 04:38 PM
    Next year Jul-Sep 2009, PD should move to mid 2006 again.

    My 2 cents.

    And than they will again approve 2006-2007 cases instead of 2003 what a joke. The cycle continues and folks with 2003-2004 PD continue to wait.[/QUOTE]

    Well said



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  • Abhi_OneDay
    08-24 03:20 PM
    My I-140 was filed in EB2 on the 18th of August and I was heart broken this morning when I came across this memo on IV this morning....I do not have a US Masters and was banking on my Bachelors + 5 years to qualify....My attorney sent me the following reply

    "This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."

    Not sure about her comments, what do u guys think?

    I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.

    Please let me know what you guys think?




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  • sriswam
    09-11 03:17 PM
    Just put in my humble $100 contribution for the rally.

    You guys have a good thing going. I just the love the selfless spirit and patience in this group. All the very best.

    -Sriswam



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  • amitjoey
    07-18 03:56 PM
    Hello All,

    Some food for thought.

    As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.

    Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.

    Non contributing, active members! Please wake up atleast now and do some soul searching!!!

    Absolutely right, loved your post. There are thousands of new members and thousands of new ideas, new agendas, new campaigns that they want to implement. IV Core has an action plan, a legislative change plan, need $$$$ for lobbying, not new ideas.




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  • pointlesswait
    06-10 12:08 PM
    same as DUI...but with lesser penalty...

    snhn
    what is a DWI?thanks.



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  • bpratap
    05-28 06:34 PM
    Fha




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  • MeraNaamJoker
    09-27 09:51 AM
    I am waiting for 14 yrs.

    Arrival 1996 Jan
    F1 1996

    EB3

    GC filed 2003 Aug.

    HAVE MS in US. But employer filed in EB3. STUCK

    STILL WAITING FOR GREEN.

    You should be able to switch from EB3 to EB2.

    Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.




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  • snathan
    08-12 04:19 PM
    I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?

    The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.




    javaconsultant
    01-14 03:15 PM
    Go to home page and click on Why Contribute ?
    It in the left bottom corner of the home page.

    Hi All,

    I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.

    Thanks
    RAJ

    SWA: Virginia
    SWA Receipt Date (Priority Date): October 31,2002
    EB2 - RIR
    Forwarded to Philadelphia Regional DOL on June 22, 2004
    BEC Case Number: P-04282-*****
    45 Day Letter Received and Replied : Feb 2005




    GCBy3000
    01-10 11:16 AM
    Everyone passes this stage. I was in the same boat sometime back and I did not think about applying for greencard.

    When I reached 4.5years in my H1, my debts were not decreased. Infact it increased as I invested in India and in some tangile properties in US. So I thought I should stay here for more time to clear those debts. To stay for more time, I needed this stupid GC. It was needed atleast to extend my H1 to start with.

    So my piece of advice for you is to start this process as it is not going to hurt you when you are mentally prepared to leave US. If you get it, it is good. If you dont get it, you have nothing to lose. At least you will the option to extend your H1 if you decide to stay for more time.

    I am one of those guys who entered US in a very late age (I am 35 now...) and haven't even started the Green Card process yet. I wonder everyday "if" and when the process gets started..how many years it would take to get GC (may be 5 to 6 years..correct me if I am wrong)...and after getting the GC..wait for another 5+ years to get Citizenship...I will be close to 50...ouch

    Well, as of today I don't feel like applying for GC...I realized my dream of coming and working in US...now the plan is to spend 4 to 5 years, clear my debts (yeah......running into thousands of dollars)...make some money to live peacefully in India..thats it....then go back to India....

    And its not just the family or friends...95% of my cousins and 90% of my friends are in US (trust me it is a large number)..except for parents and in-laws (and uncles, aunts)...every one is here...but I hardly get a chance to meet them...b'cos no one wants to take some time off to meet cousins/friends (unless you are in drivable distance)..I don't blame them (or me)..since we all want to save our PTO to visit India....

    I just wish..if I can spin the time wheel back...I would never think of a foreign country....(even though I am new to US..I spent about 8 years abroad in other countries already)..

    I don't feel like concluding..hence leaving this incomplete...

    thanks for reading



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