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  • Openarms
    08-11 03:20 PM
    As far I am concerned they are one of the organizations that injected this EB2 vs EB3 allocation... at that movement they might have their own reasons... but it might change now... We kinda know where IV stands on this...

    They do....

    How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??





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  • sukhwinderd
    03-10 09:58 AM
    smaller chunks are useful for a night stay at a hotel or for car rental.
    car rental at aa is about 2100 miles/day.
    hotel is somewhere around 13,000 miles/night.





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  • voldemar
    06-23 09:43 AM
    I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved.
    For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.

    if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.





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  • indio0617
    02-15 01:06 PM
    Berkeleybee,


    Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.

    Thanks.

    You are probably aware of these and have already tried it.

    1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.

    2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.

    FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.



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  • mjadala
    09-10 05:35 PM
    Guys,
    The link isnt working for me too.

    I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,

    We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
    Anybody with me,

    Thanks,
    Sri.,

    Came in 98; applied in 04, waiting.





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  • willigetagc
    08-26 09:01 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.

    You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.

    About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
    BTW, this is another thing you might want to check with the attorney.

    It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.

    BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.



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  • Guest007
    07-25 12:54 PM
    There is no law which ties AP and EAD to 485. So cant they allow filling of these two independent of 485, may be upon approval of 140?





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  • sanz
    03-11 11:38 PM
    is it really out
    Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)

    this doesnt tell that yet



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  • nixstor
    07-04 09:33 PM
    [QUOTE=nixstor]Excellent analysis but it does have flaws

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    "Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"

    On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.

    USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...

    Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.





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  • angelfire76
    05-26 05:47 PM
    Yeah CBP is made up of the most xenophobic people I've met. Even on the Canadian border, as Mexican border it's understandable.
    If Mexicans get ill-treated then the Hispanic groups will yell "racism", but if we do, our fellow PRs and US citizens will look down at us from their perch and say "Follow the law/process". No wonder it's open season on us.



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  • zen
    04-06 09:33 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    !
    The problem with what you say is that if it happens to you then it is too LATE !!
    but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients





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  • IAF
    11-11 01:28 PM
    I agree!

    The three prone system is in place to keep check and balances. I think it will be good idea to take it to judiciary. Judiciary can advice legislative and executive branch to resolve the problem. I think just going to that level will trigger lot of momentum.



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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.





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  • jonty_11
    09-10 03:08 PM
    so this bill is dead?



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  • ajthakur
    07-14 06:54 PM
    So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
    Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.





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  • logiclife
    02-13 12:49 PM
    It is an item on the organization's agenda.

    Both for USCIS and BECs to show some transparency. More posts mean more attention, but the posts are made by 800 members and majority of them are stuck in Dallas and Philly BECs or waiting for 485 to be filed so that they can get portability benefit beyond 6th year.

    That is much more important than speed of 485 processing. It is on the agenda of the org but the reason you dont see those posts is because its not a problem yet for the majority on this forum. That's just how it works. First things first. You dont find people on student visas worried about Labor backlogs coz they need to find H1 first. You dont find people stuck in labor worried about retrogression coz they need to get their labor approved first without which retrogression or no-retrogression makes no difference to them.

    I agree with your idea and understand that USCIS handling of 485 is a serious issue, just trying to explain why you dont see too many posts here for that issue.



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  • clif
    03-12 02:00 PM
    BharatPremi,

    So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?

    Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?





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  • pointlesswait
    11-13 11:48 AM
    when was the last time you won a legal battel in 2 weeks/months/years time?

    By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)

    BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.

    I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....

    some of these short term policies can be:

    a.) simultaneous filing of 140/485...
    b.) 5 yr ead..without restrictions.
    c.) add to the list..


    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.





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  • vaishalikumar
    08-16 02:18 PM
    It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?





    Openarms
    11-03 03:17 PM
    Today received letter from USCIS regarding the FOIA.





    chanduv23
    09-12 11:08 AM
    http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070911_591357.htm?chan=top+news_top+news+index _businessweek+exclusives

    Everyone must come to the rally



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