Monday, June 13, 2011

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  • addsf345
    10-22 01:10 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    @KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?





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  • Blog Feeds
    03-12 08:40 PM
    I've been impressed by Senator Graham's willingness to help move forward immigration reform, but this is really pathetic. Graham reported on his meeting today with President Obama and Senator Schumer. Most of it sounds good until you get to this lovely part:I expressed, in no uncertain terms, my belief that immigration reform could come to a halt for the year if health care reconciliation goes forward. For more than a year, health care has sucked most of the energy out of the room. Using reconciliation to push health care through will make it much harder for Congress to come together...

    More... (http://blogs.ilw.com/gregsiskind/2010/03/graham-pass-health-care-and-well-kill-immigration-reform.html)





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  • bindas74
    02-05 12:00 AM
    If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.

    Gurus,

    I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).

    Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?

    Regards





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  • jkays94
    05-17 07:33 PM
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.


    Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc

    Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :

    In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.

    While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :

    Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
    A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.

    Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.



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  • pani_6
    06-05 09:52 AM
    I think next month its predicted that the Visa numbers will move forward and then retrogress again...so in October(next financial year) again there may be forward movement..what do you guys think!





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  • cygent
    04-10 09:36 PM
    Welcome to Hell brother... Hahahaha ;-) Chill
    You can't be serious. Get up on your 2 feet, you are lucky you have IV now, Back in the day, we never had any support.

    Be Proactive & prepare for the worst. That's the best advice, gleaned from experience, the best teacher.

    Hi,

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions



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  • vivache
    11-08 07:29 PM
    1. I would like to believe that all visa numbers include the dependents etc .. since USCIS has the numbers.
    2. At the same time .. maybe 245i is kicking in .. else the priority dates would be different

    The only thing I'm not clear about is this:
    Is 245i only affecting eb3 and not eb2?

    And also from the answers it looks like, inspite of uscis making the numbers public .. it doesn't help us make a prediction





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  • India76
    09-17 01:48 PM
    Or you guys think I should go ahead and stamp a visa (too much hassel/time/money involved though)?
    I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...



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  • gg_ny
    09-10 10:21 AM
    My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.

    There are a few key lessons:
    1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
    2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.

    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.





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  • rajuram
    01-14 08:34 PM
    AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.



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  • payur
    03-10 08:16 AM
    Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.


    Thank You gc_check!!





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  • sunny1000
    06-19 07:12 PM
    The below thread has a lot of info.

    http://immigrationvoice.org/forum/showthread.php?t=16145&highlight=PIMS



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  • orangutan
    10-04 03:57 PM
    Good, USCIS is working on saturday for you. You are lying again like you did for your visa?

    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)





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  • eb3_nepa
    01-15 11:29 PM
    Unless the country cap is removed from EB immigration - things will not change for folks from India.

    Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?

    Coz the illegals are already HERE and form a GREAT voter base. These are people who are not very educated (most barely have any education), they band together and can be easily influenced. That makes them an EXCELLENT source of future votes. Educated folks like us can see through the nonsense that politicians promise. Also it is a simple numbers game: LESS than 1 million legal immigrants v/s 13 million Illegal immigrants.

    Do we still wonder why?



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  • chnaveen
    04-24 10:18 AM
    I understand the pain beacuse of these RFE as we all are waiting for our GC.
    There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
    As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
    It doesn't mean that, in every one's case, they send this RFE, It's just Random.
    And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
    But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.





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  • pappu
    02-09 10:10 PM
    Thank you very much. We need members like you.



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  • dsneyog
    01-15 09:03 AM
    You are really lucky! I guess since my application was fresh I could not efile. Or I read many posts about how paper filing is way to go to get faster approvals. I think with USCIS everything seems unpredictable.

    I am really hoping that mine comes soon.

    I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.





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  • simple1
    10-02 07:59 PM
    stay out. Only insane will do that.

    It is illegal
    - to bear any expenses while processing h1b/gc.
    - to accept job that is not there.

    Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.

    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated





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  • dsneyog
    11-29 07:51 PM
    I would still like to know if I can e-file? This is the first time I am filing for AP. I didn't do it along with my EAD application.

    Thanks





    bayarea07
    07-18 02:34 PM
    :-)





    nvmurali
    06-02 08:25 PM
    If Your Consulting Company is the negotiating then its good for you that you will be leaving on good terms. I would recommend you negotiate with them to File your 485 when PD available.

    As far joining new Employer, you can only join them with H1B with 140 waiting status.

    What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?



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