Thursday, June 23, 2011

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  • sujith1
    07-30 12:41 PM
    Same situation happened to me - My status shows as card production ordered while hers have no update.

    The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon




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  • GotGC??
    01-13 12:04 AM
    You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

    I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

    I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

    Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"

    Probably,all this criterias already matching to your case, right ?

    If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

    You're just a selfish guy to cover your asz, right?
    Are you planning to get some benefit from your brother's delayed cases?

    It's time to comply, time to be unite.
    Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

    Thanks for your understanding...
    Zbd




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  • haifromsk@yahoo.com
    10-15 04:00 PM
    if RFE for w-2 USCIC will come to know- might not be the only way for USCIC to know




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  • gcformeornot
    04-01 06:55 PM
    do not post on this forum. I am personally don't like LC subs. Genuine reasons for LS I can understand but this pure abuse of LS.
    People pl do not answer.



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  • mheggade
    07-20 01:13 PM
    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!


    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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  • GotGC??
    01-12 05:29 PM
    I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

    But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

    Some alternatives are:
    (a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

    (b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

    (c) If an Labor has been approved for X years
    (d) If the alien has been on H1 for Y years
    or a combination of any of the above

    Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.



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  • sbmallik
    06-24 10:18 AM
    Yes, I would attempt Premium Processing on the pending I-140 first so that I can invoke AC21. I never heard of anyone's GC process jeopardized due to H-1B denial.




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  • conchshell
    07-31 04:56 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?

    Just to let you know guys ... I got a CRIS email 10 minutes back ... informing that my wife's EAD is also approved. This is a good news because our priority date will be current from tomorrow. However, I don't know we will get the EAD for one year or two year. I guess we will just wait for the cards arrival. Thanks to all the people who responded to my question.



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  • MeraNaamJoker
    09-16 04:44 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you




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  • jcrajput
    06-18 05:02 PM
    Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

    Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

    I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

    Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

    - Deepak
    After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
    Thanks.



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  • fromnaija
    07-21 05:20 AM
    Form AR-11 is also available for online filing. See below quote from the link you provided.


    Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.


    The information stated here in the context of pending AoS applications is incorrect.

    While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

    You may do this ONLINE at the USCIS website.

    https://egov.uscis.gov/crisgwi/go?action=coa

    Note, you must STILL file the AR-11.

    As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).




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  • newlife2
    09-19 10:46 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.



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  • nfinity
    10-16 12:52 PM
    If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.

    ~




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  • sheelalann
    05-21 09:13 AM
    Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
    Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)

    Congratulations !! Enjoy the freedom



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  • lazycis
    12-05 12:42 PM
    Here is a good article on the subject with references to the US law and caselaw:
    http://www.americanlaw.com/maintlpr.html

    "The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."




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  • smaram1
    11-04 05:51 PM
    gultie2k....i am happy for you...unnecessary stress for you....good that everything ended up well...



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  • bkr
    12-06 09:17 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.

    HTH.




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  • enggr
    06-25 10:02 AM
    The attorney sent my I-94 and we got approval until Nov 2010. (this happened in sep/oct 2008)




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  • sobers
    06-29 01:42 PM
    Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
    1) Continue working with this company in the hope they are doing everything by the book and this will all work out
    OR
    2) Go work for a bonfide employer




    pappusheth
    05-21 05:01 PM
    when me and my wife went for fingerprinting (in late 07 after that July fiasco), the person who finger printed my wife told her that she would get her green card in 6 months.. I didn't bother thinking about it since I knew that the dates were no longer current and knew his statement was not grounded. We've, off course, not received our green cards till now..

    I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.

    Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..




    nanneh
    05-11 06:52 AM
    FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.

    Thank you amslonewolf



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