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  • sertasheep
    07-04 10:31 AM
    The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:

    Thank you ChanduV23

    - On behalf of the Core IV Team

    I am a highly-skilled professional who entered this country legally. I’ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers have been unavailable (“retrogressed”) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be “current” for the month of July. This meant, irrespective of our “priority date” (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This “priority date” refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.

    Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.





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  • hopefulgc
    08-13 08:42 PM
    Guys.. vote here and alos pay attention to pani_6's action item here please:

    http://immigrationvoice.org/forum/showthread.php?t=20870

    send out the letters





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  • pappu
    12-25 12:02 PM
    Here is another tough story :

    Name: sanz72

    *Applied for my first Labor through Company A in December 1998
    *Labor got approved in 2001 march, Filed my I-140 in April.
    *Laid Off from the job in July 2001.

    * Took job offer with Company B (and a 25K Pay Cut) in July 2001.
    * Filed my Labor through Company B in December 2001
    * Labor Approved in Feb 2002
    * Filed I-140 in March 2002
    * I-140 Approved in May 2002
    * Filed 485 in June 2002
    * Used AC-21 to Join the Client with B's permission in July 2003
    * Company B withdrew the the I-140 in December 2004
    * I-485 Denied in December 2004
    * MTR (I-290A) filed in Jan 2005
    * MTR denied in May 2005
    * EAD Renewal Denied in May 2005
    * MTR approved and Opened in Aug 2005
    * EAD Renewed in Aug 2005
    * I-485 Approved in Jun 2007
    * I-551 Stamped in July
    * Card Received in December 2007.





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  • bbenhill
    08-05 05:54 PM
    what kind of logic / law is here, if you are a US citizen you can marry and bring your spouse, if you are on pending 485 you can bring but if you become LPR you have to wait for 5 years......

    Is there any background for this restriction......... looks stupid to me.:mad:

    Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.



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  • validIV
    03-17 08:43 PM
    Say a person has finished his 6 years and got a 3-year extension based on an approved I140. Now, he is working in his 7th year and his 485 gets rejected. Would that mean he still has 2 more years of H-1B or does that mean he loses the remaining 2 years of H-1B time immediately since 485 got rejected?

    He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.

    It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.

    It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.





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  • MrWaitingGC
    06-25 02:05 PM
    Thanks for your response ...

    I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...

    My question is what will be one's status after filing I485?


    For adjustment of status you should be in a Valid H1. If you get your EAD before Setp 16th then you can use this to work and you are safe. If you dont get EAD you are basically out of status. So I suggest get your H1 Renewed Right away using Premium or regular processing.

    Again this is my analysis check with your lawyer.



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  • Guidi
    August 24th, 2004, 10:18 AM
    Hello All,

    I own a D70 and have had major focus issues. I finally spent 3 hrs at the store where I purchased the camera until they finally agreed that it was defective. I just got a call today saying it was repaired. Hopfully it works. I recomend if somebody purchaces the D70, that you test it extensively before you take it out in the field. Out of 4 people I know with this camera, 3 have the focus problems.





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  • srini1976
    10-04 10:37 AM
    I signed the G-28 for 485, EAD & AP. Attorney received the receipt notices for all and he just emailed the case no(s) and A #.

    When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!

    Folks - Is it possible to get a copy of the receipt notices by calling USCIS?

    Thanks in advance!



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  • gcnirvana
    05-17 04:15 PM
    Gurus,
    I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??

    Thanks in Advance for all your help.





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  • bkam
    04-13 02:31 PM
    Hi Learning01,

    I did not want to "steal" your idea about publicity of the problem back in our countries. I just developed and enhanced the idea :-)

    And I do not think we should be ashamed of the fact that this great country screwed us and made more than half a million highly educated and trained people (spouses included) chasing for a decade a mirage called GC and looking like idiots.

    For example, I came here on L1 visa (intra-company transfer) in the beginning of 2000 - very big international company with big presentation in the States. The initial information I had from colleagues and management was that permanent residence can be taken in certain reasonable period, providing that you worth it. I did my part of the deal, my company management also did their part but the US government changed the rules of the game and I got screwed.

    Shall I be ashamed because the US government does his best to kick me and another half a million like me out of the country? Definitely not, that is not my fault! Neither should be the rest of of the legal immigrants caught in the mud created by US agencies. Our applications gather dust in DOL offices without reply for years and we should be ashamed of that ?! One of the ways we can pay back for this "favor" is to tell the thrue story to the world - honesly and openly.

    In fact I believe that the US government should feel ashamed of the mess they created.

    My 2 cents :-)



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  • snaidu
    12-11 12:50 PM
    Thanks for the prompt reply!
    This means that even for applicants for whom PD is current today for eg: EB2 ROW, will not be able to apply for concurrent I-140/I-485, if this rule is accepted.





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  • desi3933
    03-08 12:23 PM
    KHUSH RAHO ....


    Zindagi hai choti , har pal me khush raho...
    Office me khush raho , ghar me khush raho..
    Aaj paneer nahi hai , dal me hi khush raho,

    Aaj gym jane ka samay nahi , do kadam chal ke he khush raho..
    Aaj Dosto ka sath nahi , TV dekh ke hi khush raho..
    Ghar ja nahi sakte to phone kar ke hi khush raho...
    Aaj koi naraaz hai , uske iss andaz me bhi khush raho..
    Jisse dekh nahi sakte uski awaz me hi khush raho...
    Jisse paa nahi sakte , uske yaadon me he khush raho

    MBA karne ka socha tha , S/W me he khush raho...
    Laptop na mila to kya , Desktop me hi khush raho..
    bita hua kal ja chuka hai , usse meethi yaade hai unme he khush raho..
    aane wale pal ka pata nahi ..sapno me he khush raho..
    Haste haste ye pal bitaenge , aaj me he khush raho

    Zindagi hai choti , har pal main khush raho.....

    oomshiva

    Since no one has come out with English translation, here is my version. oomshiva, Please feel free to correct it as you are the author


    Life is short, enjoy its every moment
    In Office and at Home, enjoy and just enjoy
    Did get Chicken Masala, be happy with fast food

    No time for gym today, walk a little and be happy
    Didn't see a friend today, watch TV and be happy
    Can't go to home country, make a call and be happy
    Somebody is upset with you, ignore/remember him and be happy
    You can't see him/her, listen to that voice and be happy
    That person can't be yours, just remember and be happy

    Planned to do MBA, so what if you are in software, be happy
    Didn't get Laptop, With desktop be happy
    Yesterday is gone, recall fond memories and be happy
    Worried about future, stay in dreams and be happy
    These times will pass, enjoy your present to the fullest and be happy

    Life is short, enjoy its every moment

    and may I add this one line

    Enjoy your today to the fullest
    who knows ..
    there may be no tomorrow

    ===============================
    Sanan has written this line
    Green Card nahin mila H1 me he Khush raho ??

    Translation: Didn't get Green Card, Be happy with H1

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

    This is my first post. May I make a request that if you post anything in non-english, please provide english translation. Thanks!

    Here is a question for all those people who are good in Hindi --
    What is the english word for "punarchakravat" punar-chakra-vat
    Whay I am trying to say is that evenfor Hindi speakers it is possible that they may not get every word of it.

    I will post answer in a little while.

    Enjoy



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  • vin13
    05-12 10:28 AM
    Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
    Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?

    Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
    Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
    Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
    Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
    Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?

    Good review of previous performance.

    What could be different this year compared to previous years are

    1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.

    2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.

    3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)


    All these above factors may influence them to open up in July than August. Again, these are my gut feel.





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  • cooldudesfo
    09-14 12:30 PM
    Got LUD that cases are now at NSC.

    Waiting for Original Receipts...will let you guys know what the RD is on those Receipts.....

    It looks like this is intrnal process USCIS is following and nothing to worry at this time.

    Keeping fingers crossed and waiting for FP Notices.....



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  • DSJ
    05-30 01:09 PM
    I had similar issue with my spouse H4, then I applied her H4 again before the I-94 expires on the pass port. In my case (h4) costed only $200, I didn't wanted to take a chance then applied and got the extension. If you want to safeguard your status, you better apply for H1 extension, if it is really expiring they will extend your H1 otherwise they might return saying you cannot apply for extension prior to 6 month of expiring.

    So decide yourself, don;t ask peoples opinion too many times, you always get mixed results.

    NOTE: according to my employer, I-94 given at the POE super seeds all the other form of I-94.

    I visited my local USCIS office and the officer told me that they don't do I-94 updates and asked me to contact the CBP office. When I called them up to get an appointment, I got transferred to a lady who asked me the details. After listening to my case she said its perfectly okay and asked me to attach the new I-94 from the 797 to the passport. Is this true?

    I am trying to get hold my lawyer but in vain. Please help!!!





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  • zram1977
    12-10 09:11 PM
    This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.

    Thanks
    Ram
    ---------
    EB3 India PD Feb,2006



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  • nowhereman
    01-30 11:01 PM
    Hi All,

    I would really appreciate everyone's honest opinions on this matter.

    We filed 140 and 485 concurrently in July 2007, EB3. As of now there is no word on either application. Previously we had also obtained Canadian PR, the 3 year grace period of which will expire this August.

    Not only am I faced with a decision of staying in the US or going to Canada, but my future career is on the line too. This year I will be 23. After taking my undergrad degree in electrical engineering, I have been accepted into Boston University Law School in the US as well as the University of British Columbia Faculty of Law in Canada. Canadian lawyers make around half as much as American ones after all factors are considered.

    In your opinion, should I stay in the US, going to law school, in hopes that the green card will come through, or should I pursue a new life in Canada, but take the lower future salary / international renown?

    This issue is currently causing much discord in my family. I hope to hear your frank opinion so that I won't take my decision lightly.

    Many Thanks! :)





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  • ntpatil
    11-11 06:55 PM
    We went home after my wife started working using the EAD. After we came back we applied for your H1 and H4 extension and one we got that now we are in H status instead of EAD status. It is a little tricky. When we came back we entered as parolee but once we applied and extended our H1\H4 status we ar eback to H1\H4 status. Your lawyer would be able to explain it better.

    My lawyer suggetsed that it is better to be in H status as it gives some manuvering time and opportunity in case the 485 is denied.

    Thanks
    khans02,

    Based on your message, it seems that you and your wife are in H1/H4 status now after the extension. Does that mean that your wife has now stopped working?...because you have mentioned that she was working on EAD before you guys left for India.





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  • Sheetal81
    08-23 04:46 PM
    We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-

    -Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
    -How does one activate his/her EAD?
    -Have any other late june filers already got their EAD?

    Thanks
    Sheetal





    needhelp!
    01-09 04:20 PM
    OK I double checked the new license. Even though the Expiry is 2014, it does have in red "Temporary Visitor Status Expires: 09/09"

    and got 7 year (or is it 8) renewed license





    jungalee43
    02-26 08:32 PM
    I think if Indian external affairs ministry understands that highly skilled Indian born citizens have to wait for 16 to 50 years where as even less skilled candidate gets away with green card in 6 months just because he was NOT born in India; they would at least protest in soft words.



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