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  • saiimmi
    01-27 07:14 AM
    So, what's the significance of 485 processing dates? Say, if my PD is June 2001 EB3 and my 485 got applied in Aug, 2007 what are the chances that my 485 will be touched if the visa bulletin were to move to June but the processing dates were to be in July 2007?





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  • rbharol
    08-15 04:05 PM
    IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
    Pappu,
    Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.





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  • fromnaija
    07-25 12:20 PM
    You don't sign I-140, your employer does. Only exception - self-petitions.

    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?





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  • raj1998
    05-19 02:28 PM
    Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.

    Try your luck!

    Regards

    I have booked an INFOPASS. I hope I receive welcome/approval letter well in time to take with me for I-551. I don't think they will entertain email print out



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  • logiclife
    03-01 03:34 PM
    Now we know the efficiency reasons behind backlog centers.

    9 + 10 = ?????????

    Any surprise why many of us didnt get 45 day letters? Imaigine how the number 45 was derieved?





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  • indyanguy
    01-14 11:07 AM
    This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?

    ----
    To Whom It May Concern

    I am writing this letter to confirm that XX was employed full time
    (40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.

    His job duties included developing web based software systems. In this
    position, Mr. XX used the following technologies: ASP.NET/C#,
    SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.

    If you have any questions, please do not hesitate to contact me.

    Thanks,

    XX



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  • Dhundhun
    06-03 01:57 AM
    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S

    Hi Surpreet,

    Did you explore more on ARRA? Is it OK to take that benifit during AOS?

    Thanks





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  • mmanurker
    06-17 01:24 PM
    I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
    1. Shift to some other status like H4
    2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.

    But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.

    This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.

    Assuming that his Labor does not get approved before his I-94 expiry:
    1. Moving to H4 can only help him to stay in US but staying on H4 for few months and then trying to get H1 extension beyond 6 yrs is not possible....this is my understanding
    2. Moving out of US is the only option in case of labor still pending.



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  • willwin
    06-09 01:20 PM
    Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
    Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
    Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
    This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

    -------------------------------------------
    India EB3- PD: June 2003
    Contributed $480 + Monthly Recurring contributor.

    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....





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  • thescadaman
    08-28 04:36 PM
    Members, please don't raise your guards against IV Core. Especially folks who have attended the DC Rally! People like you who had to Will to attend the Rally know how big of an issue we are facing. We need all the support we can muster right now.

    In the past, we had big contribution campaigns as and when some major hurdle was at hand. Such contribution campaigns needed a lot of effort. People had to come up with ways to motivate people to contribute, matching plans, $5 campaigns etc. etc. What IV needs is a continuous flow of funds so that it can constantly work on the lobbying effort without worrying about cash.

    As I had mentioned in few other posts, IV had to come up with a way to have a renewable source of funds. Donor forum was the answer. You don't contribute to obtain information. You contribute to support the bigger cause and as a compliment, you get access to Donor forums. This contribution should be accounted as any other expense on your monthly budget (vonage!, cable, EB immigration reform etc.)

    Disclaimer: I am not anywhere close to IV Core. I am just a casual member who believes that constant contribution on a monthly basis is a good way to support our bigger goal.



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  • ItIsNotFunny
    12-17 03:27 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!

    I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.





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  • bhatt
    12-16 02:12 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.



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  • hmehta
    07-14 10:32 AM
    Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)

    My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

    I would ask you guys to consider filing especially if your PD is in 2005 or later.





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  • Robert Kumar
    12-24 12:54 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.



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  • immilaw
    09-27 09:00 AM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    Ask the lawyer to give you a copy of the RFE.





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  • TheCanadian
    01-02 02:24 AM
    That's goofy, I wonder why.



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  • Raju
    07-05 06:20 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.

    Senthil1,
    You are wrong. I-485 approval is based on the combination of PD and RD. When a PD is current for an application then they look at RD. So if the dates retrogress after applying then the apps will sit on the shelves till the PD becomes current. You are stupid to think that just because a few people cannot apply, no one should be allowed to apply. There is a reason why they have to wait and you will find this kind of people all the time.





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  • anandrajesh
    02-06 10:35 PM
    How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?

    Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?

    Sorry I am a moron.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.





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  • guygeek007
    08-06 11:08 AM
    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.





    lostinbeta
    10-21 02:27 AM
    Awesome.

    Nice start also :)





    Blog Feeds
    09-18 10:20 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjcdi7O7UKzmDz2-jxCaR-WCnwKkPU6kj3miJgnoNppWu3g7CZJgThFteg_KAjnr1NHlDvhHOpZt2RKfeejsBYdhwsDJ7IOsqHqJdz4KbDtkccl3YQoSFSMV-3RFUJDTmn96mpidU7RxhU/s320/Wilson+Liar.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjcdi7O7UKzmDz2-jxCaR-WCnwKkPU6kj3miJgnoNppWu3g7CZJgThFteg_KAjnr1NHlDvhHOpZt2RKfeejsBYdhwsDJ7IOsqHqJdz4KbDtkccl3YQoSFSMV-3RFUJDTmn96mpidU7RxhU/s1600-h/Wilson+Liar.jpg)During President Obama's address to a joint session of Congress on Tuesday, Congressman Joe Wilson (R. SC), shouted "LIAR!" when President Obama stated that the proposed health care plan would not cover "illegal aliens." Now, Joe Wilson said he should know this because he once was an immigration lawyer (http://www.riehlworldview.com/carnivorous_conservative/2009/09/rep-joe-wilson-speaks-to-rwv.html). Whether that meant immigration from or to South Carolina, I am not sure, but one thing is for sure, no one I know ever knew Joe Wilson the immigration lawyer. If by "immigration lawyer" Mr. Wilson meant that he once helped an immigrant get deported, I am not sure that really counts. But if "Joe the Immigration Lawyer" is like "Joe the Plumber," then maybe he thinks he really was one.

    After all, an immigration lawyer would likely be able to understand what exactly the law means when it says that only citizens and permanent residents are covered under the Obama plan. What has caused Joe Wilson to react like this, besides a serious lack of self control, is the provision in the proposed legislation that eliminates the requirement of using the "SAVE" system to verify whether someone who is an immigrant, is legally in the United States. Use of this program has stopped very few undocumented immigrants from getting public benefits, but has stopped literally thousands of U.S. citizens, mostly poor, from obtaining benefits because of their lack of accessible proof of their citizenship.

    Factcheck.org has presented a short article on Seven Falsehoods About Health Care (http://www.factcheck.org/2009/08/seven-falsehoods-about-health-care/). One of those applies directly to this point:

    False: Illegal Immigrants Will Be Covered. One Republican congressman issued
    a press release claiming that "5,600,000 Illegal Aliens May Be Covered Under Obamacare (http://steveking.house.gov/index.cfm?FuseAction=Newsroom.PressReleases&ContentRecord_id=a294b300-19b9-b4b1-1296-659af869849a&Region_id=&Issue_id=)," and we�ve been peppered with queries about similar claims. They�re not true. In fact, the House bill (the only bill to be formally introduced in its entirety) specifically says that no federal money would be spent on giving illegal immigrants health coverage:

    H.R. 3200: Sec 246 � NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.

    Also, under current law, those in the country illegally don�t qualify for federal health programs. Of interest: About half of illegal immigrants have health insurance now, according to the nonpartisan Pew Hispanic Center, which says those who lack insurance do so principally because their employers don�t offer it."Misleading GOP Health Care Claims" (http://factcheck.org/2009/07/misleading-gop-health-care-claims/) July 23 � by Brooks Jackson, Viveca Novak, Lori Robertson and Jess Henig.


    I can certainly see both sides of the debate, and, frankly, neither side is being completely honest or clear. What is quite clear, is how immigration, and our broken immigration system, keeps coming up in the context of the debate of national agenda items, such as the health care debate.



    Several weeks ago I blogged on the danger that the tone of the Health care debate (http://ailaleadership.blogspot.com/2009/08/healthcare-debate-and-immigration.html)had for the coming immigration reform debate. Calling the President a Liar during his speech to a joint session to Congress is Exhibit A in what we have in store for the coming debate. If Joe Wilson the Immigration Lawyer can misrepresent the consequences of legislative language as straight forward as these two particular sections, we have to be prepared for the extraordinary misrepresentations of any positive aspects of an immigration reform bill. Whether it is "amnesty," "rewarding law breakers," "open borders," "Liars," or even "destroyers of American culture" we have to understand how to phrase and present the response. Without a doubt, the response from those of us who understand the need to balance immigration reform, with security concerns, and with economic growth has to be not only vocal, but focused. We, as Real Immigration Lawyers, must know the language of the proposed legislation, we must know the myths that are out there, and we need to be vocal in our response.




    Next week, more than 40 talk radio hosts are descending on Capital Hill for the FAIR (http://www.splcenter.org/intel/intelreport/article.jsp?aid=846)Annual Scare the Crap Out of Congress Boondoggle. The outrageous claims of the downfall of America caused by illegal immigration, along with similarly nutty myths will be presented as facts. Actual real news organization will cite the Center for Immigration Studies as a legitimate source of information. We must be prepared to call into our local radio stations, whose hosts are in D.C. next week, and be prepared to present the facts of immigration. Not by sugar coating the problems that are caused by illegal immigration, but rather by pointing out which specific laws are broken (INA 212(a)(9) anyone?) and how having a comprehensive solution can actually fix the immigration pothole in the legislative superhighway. Immigration Lawyers it is time to Stand Up and be vocal and beat back the immigration myths (http://www.aila.org/content/default.aspx?bc=27924).





    https://blogger.googleusercontent.com/tracker/186823568153827945-8070452709764975137?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/liar-what-does-health-care-have-to-do.html)



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