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Sunday, June 26, 2011

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  • nitinboston
    04-09 03:38 PM
    same story every month, KLPD





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  • sledge_hammer
    07-01 03:42 PM
    pappu and logiclife, you said you'll give us an update on the situation, we are waiting.

    Thanks!

    P.S: I don't mean to ask this question in a bad way!





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  • paula
    03-21 05:44 PM
    EB3

    Labor PD - 6/2/2004
    Labor cleared - February 2007
    485 filed - August 17
    140 cleared - September 2007
    EAD card - November 2007
    AP - December 2007
    485 pending.





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  • techskill
    09-18 12:28 PM
    Then we shud ask him what are the fundametals of the economy.Because once he said he doesnt know anything abt economy.



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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

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

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.





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  • Znan
    07-12 11:51 AM
    Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.



    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .



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  • vivekm1309
    06-12 10:04 AM
    Here is a link ...that does talk about issues related to legal immigration ...IV is also mentioned in this article

    http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html





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  • ashkam
    01-30 02:54 PM
    So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?

    If you are I-485 pending, you are not out of status regardless of whether you have a job or not.



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  • vaishnavilakshmi
    06-18 09:53 PM
    hi,

    Usually they ask for only copies of all the docs and not the originals.And they may ask to show the original copies of the birth,marriage etc,wedding pics,family pics etc at the time of interviews.

    Hope this helps u,
    vaishu





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  • snathan
    03-10 03:44 PM
    I disagree that this is not the right time for visa recapturing. It will be never be the right time.
    Do you think the efforts like sending 1000 pizzas etc would not draw negative publicity. Think again.
    What we are asking is to recapture the unused visa numbers. In this climate of high unemployment rate, I do not think there is any other legislation that would draw less negative publicity.
    It is to be strongly publicized and understood that these recapturing unused visa numbers are only going to help the non-immigrants who are already employed and who are on the path to seek permanent resident status. This is NOT creating new H1B visas NOR giving away the jobs to the non-immigrants.

    I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.

    This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.



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  • psaxena
    05-27 05:33 PM
    I am really laughing.... very true, there are a lot of dumbs on this forum

    The guy at Kino's was probably a dumb high school dropout and you have proved to be his match by posting it here....





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  • desi3933
    02-03 07:15 AM
    Here is the text under the attachment section

    The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.

    PD Mar 2002
    485 RD SEP 2007

    Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • vgayalu
    07-24 08:53 AM
    I have a same idea like Mr Rpatel. I wrote a Personal message to our moderator Logiclife. But I failed to explain effectively about this to Logiclife.
    Now I got some support from Rpatel. This is the very important and bst solution for time being. Rpatel can you send a personal message to logiclife with more clear picture please.
    Vgayalu.


    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??





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  • desi3933
    03-17 07:21 AM
    Did you just say "Just because people are not getting green cards does not mean wastage":D

    That is exactly why we need to understand the process.

    Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".

    Year 2005 2006 2007 2008 2009
    EB-All 246,877 159,081 162,176 166,511 141,020
    EB1 64,731 36,960 26,697 36,678 40,978
    EB2 42,597 21,911 44,162 70,046 46,034
    EB3 129,070 89,922 85,030 48,903 39,791
    EB4 10,133 9,539 5,481 9,524 9,999
    EB5 346 749 806 1,360 4,218


    _________________
    Not a legal advice.



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  • pcs
    04-21 08:10 AM
    Keep calling people to get active & contribute





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  • logiclife
    01-30 03:56 PM
    I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

    Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.



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  • tooclose
    07-13 10:24 AM
    It is not a contradiction to the previous statement.

    Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
    Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
    Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
    etc...

    Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

    yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

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

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.





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  • lazycis
    01-18 06:54 PM
    By law, you are not suppose to make copies of an official US document.



    I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.





    sweet_jungle
    10-25 06:22 PM
    no comments on the above ?? I do support the FOIA .but when you think about it ..what is the point in knowing that our GC's are 3-4 years away ...we should also focus on something getting passed during lame duck session ..at the very least we should be prepared for something incase it is suddenly announced that there will be lame duck session after elections ...any thoughts ??

    Can somebody re-post the link for downloading the form I need to fax?





    rghangrekar
    02-20 04:05 PM
    Congrats to Eb2 dudes.....hopefully EB3 will not fall very behind. I am hoping Eb3 keeps moving and gathers pace...



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