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  • pd_recapturing
    08-24 02:49 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.





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  • fl_gc
    08-04 12:28 PM
    My EB2 I-140 is also pending. RD for I-140 is 03-21-2007. I have sent two SR.





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  • augustus
    05-13 08:25 AM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?





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  • andy garcia
    08-14 03:27 PM
    Any cuban sets foot on US land is allowed to stay legally.


    Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.

    This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.


    andy



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  • chris
    11-19 02:27 PM
    I (we) know that they dont have proper system to pull the files based on PD/Country/Category etc.

    Looks like they openly agreed that, Cant believe it. :eek:

    http://www..com/discussion-forums/i485-1/244625389/last-page/

    Please anyone find the official published link or verify the source this news.





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  • wandmaker
    12-09 12:53 PM
    We all know what IV did for us during July bulletin fiasco. If not IV, we all will still be watching visa bulletins. At this juncture, we are talking about EAD and AP renewals. Contribute, and raise the bar.



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  • GreenMe
    01-21 01:47 PM
    My wife and I work for Consulting firm. We both had to travel to India for Visa Stamping.

    My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.

    My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.

    I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.

    At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.

    My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.

    So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.





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  • admin
    02-08 01:21 PM
    lghtsplr,

    Thanks for informing us about this. I have replied in that thread mentioning that we can set up web fax with the same content. Web faxes are very easy for users to send.

    Siva



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  • phigi
    11-19 11:13 AM
    you should ask the SSA office to accept the application and send it to DC for verification (manual process). They have that option available.
    i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
    Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.





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  • dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • Suva
    07-20 01:51 PM
    I agree too.

    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





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  • nixstor
    07-12 02:47 PM
    Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes.


    Politics
    ------
    Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
    Satveer Chaudhary, state Senator in Minnesota.
    Toby Chaudhuri, Democratic communications strategist.
    Swati Dandekar, an Iowa State Representative
    Dinesh D'Souza, a conservative commentator and author
    Kris Kolluri, New Jersey Commissioner of Transportation.
    Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
    Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
    Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
    Raj Mukherji, New Jersey lobbyist and businessman.
    Vij Pawar, New Jersey attorney and former congressional candidate.
    Ramesh Ponnuru, contributing editor at the National Review, political commentator
    Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
    S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
    Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
    Sanjay Puri, Chairman of USINPAC & USIBA
    Nikki Haley, South Carolina legislator
    Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
    Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
    Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987

    Thanks for googling this list up. USINPAC tried to portray us as Emigration voice and we will ask them for help. :(

    Guys on the list of Howard Dean/ S R Siddharth etc cannot help us with our cause. The irony is they dont relate our cause at all, because we neither have right to vote nor the right to contribute to their democratic national committee funds

    B T W one andhrite from Detroit gave 1 mil USD to clintons for gracing TANA 2007. I don't know if he is a consulting company owner or a doctor but many andhrites run consulting companies and they would not love us to be freed :)



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  • shanti
    02-24 10:49 PM
    Thank you all for your answers, and we could agree that there is not a clear straightforward guideline regarding the AC21. So I have the following doubts:

    1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.

    2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.

    Here is the question I have regarding that frozen experience clock:
    a- Before coming to US I had 5 ys expeirence
    b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
    c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience

    I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.





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  • SirDuke
    01-04 10:02 AM
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  • beautifulMind
    06-09 12:05 AM
    You can only get a US visa outside of USA and you only need a visa to enter US since you already in US then why do you need a visa? when you go back just apply for another B1 Visa





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  • pappu
    10-30 01:37 PM
    See this link, give your comments ( I suggest to be brief & to the point).

    http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
    pls. try to also post IV link in your reply on usatoday.com



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  • Anysia
    02-26 11:22 PM
    To Texcan...the idea of looking for another state taht will accept BSPT is a good idea. Ill explore that solution. I appreciate that.

    I have already talked to a lawyer and a lot of possibilities are presented.
    1. File an appeal
    2. Go back to old employer...hope they'll take me back
    3. HAve me work under previous employer as contract to stay with my denied petitioner.

    I dont just hang around here..it pays to be informed. A thousand head is better than one. Lawyers dont know evrything...nobody knows everything. As a client, I have to know as much as I can so I can ask the right question. I plan to hire this expensive lawyer that is notably very good...hope he can find other ways. Ive been researching and reading from other sites not just this forum believe me!

    I am currently licensed in Illinois. I appreciate those who take time to reply and present ideas/solutions---which means more avenues to explore leading to more ways to solve a problem. Thank you very much!





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  • chanduv23
    09-22 10:00 AM
    Small companies will do this. If it is a big company with HR and payroll departments not being micro managed by the employer - then you won't face these problems.





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  • kentsubra
    10-10 12:06 PM
    i filed for me and my wife through the lawyer on july 6th at NSC. I did not and havent received a receipt; however, 2 days ago we both received the EAD card (no AP yet) through the mail. I THEN went and checked the status online, and there it said cards had been ordered for processing.

    Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.

    Hope you get yours soon.





    deecha
    08-06 11:17 AM
    I filed my EB3 LC Substitution I-140 with the copy of the labor. It has been pending since June 2006.
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.





    wrsquared
    October 23rd, 2003, 11:11 PM
    I like 'em both. Like Steve, I think the dandelion is surreal and "way cool". But I do have a question with the ruins photo. I'd like to kinda turn this members' critique back on you, if you don't mind. Maybe I can learn something...hopefully this isn't out of line in this forum....if so, my apologies to all.

    Initially, I really like the photo, and as I stare at it longer I see more and more reason to like it. At first the greenery seems part of the ruins, but as my eyes hold on it for a moment, the green soon pops out into a more 3D presentation. The colors, the composition, the uniqueness....all is very appealing...and I don't know why.

    But.....here is the question....what "makes" this shot? Let me clarify...I am an engineer and my left lobe tends to see in the B&W and straight lines of life. The artsy stuff doesn't come easily for me. When I see something that is right, I know it. It's just difficult for me to arrange something to be right or to see the perfect image inside a lot of clutter. I'm convinced that I would have gone right past this one if you hadn't pointed it out to me with this posting.

    Bottom line.....this photo....what I'd like you to do is to critique your own work. Tell us (me, in particular) what makes this such a good shot? What elements bring this frame together? What do you particularly like about this shot? What would you change or do differently? Help me to "see" why I like this photo. What "makes" this shot?

    Other Dphoto pro's.....same questions. WHAT are the elements work so well here? WHY is this a good shot?



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