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  • Prasad_FL
    10-12 11:12 AM
    I am sorry for you. But this issue is on IV's list. Infact we discussed this issue also with lawmakers on Sep 17th & 18th campaign. This point was included in the material that we gave to lawmakers. So it is very important for us to do our active role/participation for IV's action items. Please join state chapters and motivate other people who are in same situation. We can make a difference.


    Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.





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  • theperm
    01-04 01:30 PM
    this is a really funny thread :) no offense meant to "ur friend with 2 wives" I sympathise with him totally :) specially the comment about 2 mom-in-laws hahahah :):D





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  • sabkaNumbrAaga
    06-02 09:30 AM
    Dude....we need more people like you.......See below....


    OpenCongress is a free, open-source, non-profit, and non-partisan web resource with a mission to make Congress more transparent and to encourage civic engagement. OpenCongress is a joint project of the Sunlight Foundation and the Participatory Politics Foundation. To read more about our approach, our data sources, and how Congress works, see About OpenCongress.





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  • sunny1000
    05-30 10:18 AM
    I applied on May18 for I-140 and will be applying to I485 soon.. and would get EAD...so what happens to EAD and AP...I cant beleive they are
    waste..Probabaly people with pending I-140 will be subject to the new systems..??..what do you guys think??..Its not pratical to drive people down the Queue again..

    Nothing will go th waste until this bill becomes the law. After that, you still have another year or more before the points system kicks in. It is when they start the points system (oct 2008) when they will look into this dreaded date of May 15 2007 and decide on people's fate. Until then, keep doing what you are doing.



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  • eb3retro
    01-13 05:11 PM
    gcseeker, u just spoke my mind, this was exactly what was going in my mind, when i decided not to take transit visa. i just cant believe, there is another soul who thinks just the way, i thought, look at my PD, came to US in 1999, still no GC after 12 years, planning to leave back to india for good, this year..oh well, life goes on..

    vishwak, dont consider my seniority by number of posts. As is I am going through so much injustice in life, having spent 12 years in this country and still waiting for GC bcos of this stupid EB3 mess, and now the germans decide to harrass me by asking for transit visa ? Not that I dont want to follow rules, but after spending 12 years waiting for GC, I am glad that I broke atleast one rule, of travelling through frankfurt to and from india without the damned transit visa. Of course I was travelling alone, and my family was not travelling , and hence I could risk it out. This does in no way prevent anybody in this forum or the world from not getting transit visa and continue to be opressed by the germans. Folks, I have just told my experience, rest is upto you if you want to get the transit visa .





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  • LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

    ------------------------

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..



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  • eb3_nepa
    11-30 04:00 PM
    Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..

    That is not true at all. Discover was the FIRST to isssue me a Credit card as a student and to this date no problems.





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  • greensignal
    11-09 12:30 PM
    Still waiting for FP and no SR is filed



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  • Madhuri
    07-24 02:23 PM
    Here's update on my cases

    Self e-filed: May 30, 2008
    FP: Jun 25, 2008
    Card prod ordered: July 23, 2008
    EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007

    Will post about duration as soon as I get the cards in hand.





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  • sanbaj
    07-31 11:01 AM
    I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
    Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
    Speaking from my case, I called NSC for the same reason multiple times and every time the information I got (now looking back) was either useless or insignificant. Only one procedural info I got once was correct. They informed me that when you Interfile, your request goes into your file and no receipt or any other update is done to your case. When your 485 app RD becomes current and an IO picks up the case to work on it, should consider the Interfiling request. If your PD is then current due to the Interfiling request and every other detail on your 485 app is complete, your case is approved immediately. That is exactly what happened to my case. Calling them is less fruitful and more frustation. I only called them once a month after they changed their processing dates for the month just in the hope I may get lucky with an IIO who may give some info. Never did. I also took an Infopass, but that was fruitless too, as they also could not provide any information. Just asked me to wait until my RD becomes current.

    Hope this gives you some perspective and lowers your anxiety.



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  • illinois_alum
    09-30 04:54 PM
    Thank you very much illionois_alum :)

    You're welcome :)





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  • GCapplicant
    07-02 03:46 PM
    Medical-375+375+50
    Lawyer-1000
    Photos-80
    Fed ex-50
    USCIS fees-1850

    Mis:For birth certificates-Doctors office very busy we had to go three times.
    20

    Total:3800



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  • humdesi
    05-15 02:43 AM
    Hope they get the same type of canned, useless answers we get when we call up USCIS.





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  • whitetiger0811
    01-07 05:47 PM
    Hi,

    I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.

    My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.

    Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
    hello,

    my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.

    does this qualify for a US Master's? please note the fields are different.

    My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...

    any input guys?????



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  • eb3retro
    07-16 11:32 AM
    immigrant2007, you just spoke my mind. My thoughts are just the same like yours. Thank you for writing a meaningful post.


    1) Please update your profile.
    2) It's sad that we are getting GCs at the expense of people of came here illegally. Our efforts are held hostage by both parties (It's simple), One party wants to win votes of one group and the other wants to wins votes as well of a different group. It's not about "DOING THE RIGHT THING". If it was about "DOING THE RIGHT THING" there would never had been a backlog. Backlog elimination center was created just to put some cases on hold and clear cases of 245i applicants (USCIS will never allow us access to that data)
    3) DOING THE RIGHT THING....why unequal penalties of the parties who break the immigration Law. All punishment is directed towards the employee. EMployer only gets fine. Make punishment stricter for employers, (hit them where it hurts most, jail them and shut down their business)there will never be any illegal immigrant getting jobs. there whould be equal punishment for both.
    4) Why this doble standard when it comes to immigration. why don't people oppose when jobs are transferred in name of outsroucing or shifting production to cheapr countries? Anti Immigants are biggest Hypocrites ever and Pro immigrants are not representins immigrants properly. No one focuses on the injsutice done to legal aliens.
    5) I am EB3, I followed Law, I am in backlog because Govt did not process the cases in 2001 , 2002, 2003 in time and created a backlog and I resisted the temptation to break laws and buy Labor substitution AND I openly say that I oppsoe illegal immigration and amesty to illegeal immigrants (and I do feel sorry for them. god bless them they deserve a better life).
    I am one of those who need Immigration reform immediately. Justice delayed is jsutice denied (rest is all face saving).





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  • kanvenk
    12-12 03:40 PM
    I concur.

    Thanks.
    Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
    1) Apply for I140
    2) Have I-140 Approved
    3) Apply for I-485 only if their priority date is current
    4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
    5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application



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  • gondalguru
    08-05 09:11 PM
    Count me in.





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  • vin13
    06-23 06:59 PM
    The below link is the source for this info..

    Front Row Washington � Blog Archive � U.S. Senate leader pushes immigration reform bid | Blogs | (http://blogs.reuters.com/frontrow/2009/06/23/us-senate-leader-pushes-immigration-reform-bid/)



    Even with enormously difficult to pass legislation on healthcare and climate change topping the Obama administration�s agenda, Senate Majority Leader Harry Reid believes he can still muscle through a bill to overhaul U.S. immigration policies later this year.

    President Barack Obama has said he wanted immigration reform done this year, although his own spokesman acknowledged on Monday that they may only be able to begin the debate on the issue. �I can see the president�s desire for it to happen, but understanding that � currently where we sit, the math makes that more difficult than the discussion,� said White House spokesman Robert Gibbs.

    But that hasn�t stopped Reid, who caught a lot of people off guard a few weeks ago when he predicted the Senate would act this year.

    �I�ve said right here that we have to finish healthcare. We have to do energy before we get to immigration reform. But being third on the list is pretty good,� Reid told reporters on Tuesday. He denied that rising unemployment, expected to top 10 percent amid a deep recession, would slow reform efforts.

    �What is impacting doing comprehensive immigration reform is getting floor time to do it. I think the votes are there to do it,� he said.

    On Thursday, Obama will host a closed-door meeting with key lawmakers to discuss the issue and Democratic Senator Charles Schumer, chairman of the Senate Immigration Subcommittee, plans on Wednesday to outline his principles for legislation he will offer





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  • initrode
    07-30 08:53 PM
    EAD

    RD Jun 24
    FP Jul 17
    LUD Jul 17

    AP

    RD Jun 24
    LUD Jul 1





    Jimi_Hendrix
    12-29 12:56 AM
    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.





    rameshraju11
    11-25 05:54 PM
    Pappu and Forum Admin,

    1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.

    2. Remind USCIS about the quarterly spill over according to the Law

    Thanks



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