Friday, June 10, 2011

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  • jsb
    10-25 03:53 PM
    I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
    ..

    My understanding is that you need to send a Cancel G-28 notice (as a simple letter, or using a G-28 form) to USCIS. Your current attorney does not have to do anything. You hired your attorney, so you can drop him/her anytime and advise USCIS.




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  • asterix
    02-23 10:00 AM
    a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.

    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?




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  • looivy
    05-03 08:04 PM
    Hi All,

    Need help to determine what should I do.

    I stayed in India for a month but since my application did not clear, I entered USA on AP because my boss was getting mad that I had to extend my vacation and I did not want to risk losing my job.

    Mumbai consulate has now sent me an email saying that admin processing has been completed (after more than 60 days ) and are asking me to submit my passport. BTW, the DOS in DC still says my app is pending admin processing.

    I am in USA now as a parolee. Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.

    Please advise.

    Thanks.




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  • matreen
    01-01 09:48 PM
    Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.

    Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......

    No idea what's going on....here...


    Thanks,

    M



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  • ilikekilo
    07-17 04:43 PM
    --
    We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.

    Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.


    I second this...money sounds better for long term solutions




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  • yabadaba
    11-19 05:08 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
    maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.



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  • jnayar2006
    03-27 05:40 PM
    nsnriv,

    The idea of the IV forums is to discuss our agenda, and activities.

    Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.

    Good luck,
    Berkeleybee

    Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).

    vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.




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  • gapala
    05-14 10:21 PM
    Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.

    You should be a safe - EB2.


    Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.

    arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
    could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..

    Thanks in advance.

    I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.

    1)US Advance Degree (Masters) OR Equivalent
    2) US Bachelors or Equivalent + 5 Years of progressive experience.

    3) Three out of 4 below need to be provided to classify under Exceptional ability

    ---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;

    ---- b) A license to practice the profession or certification for a particular profession or occupation;

    ---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

    ---- d) Membership in professional associations;

    ---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.



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  • hopefulgc
    09-16 10:22 PM
    Please don't lose heart.. hang in there.

    What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
    Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.

    Are you able to locate any precedents to this?

    Keep us updated here on this thread.

    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks




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  • anoopraj2010
    07-29 06:39 PM
    Ahem.. ? :confused:



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  • GCBy3000
    07-11 08:41 PM
    This is the letter which I composed and sent to David Obey of WI.

    Here is the IV Link http://immigrationvoice.org/forum/showthread.php?p=99419#post99419

    How did it ended up in www.congress.org????

    http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg

    The button below the article lets you send emails to Bush and Cheney...




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  • desi3933
    08-13 11:26 AM
    USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.


    It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]



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  • Beemar
    12-09 12:46 AM
    Thanks for many soothing words on my plight. But everybody is missing the point here. I am not complaining about red dots. It's the filthy language that was used in the comments that I am appalled at.

    I guess admins can surely read all the comments that are being posted along with these stupid dots. They should at least expose the person. I mean, IV is a serious web site, isn't it? How can it tolerate such behaviour? In fact IV may be exposing itself to libel if it does not take any action.




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  • prinive
    03-28 09:45 AM
    Thanks...

    Any one else ... :o

    $50 from me

    Paypal tx 1PM83845HD6289400



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  • lunatic
    01-21 07:27 PM
    ^ Agreed. Possible to put them all on page somewhere for viewing? Can anyone host that for a week or so?




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  • SunnySurya
    07-17 12:44 PM
    Any Idea, why the processing times have not been released yet?



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  • smuggymba
    09-16 07:45 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

    Imagine if everyone uses bold font:mad:




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  • ramus
    06-07 01:10 PM
    Please contribute to IV..
    Thanks.




    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:




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  • kaisersose
    10-28 11:40 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury

    You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?

    The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.




    GCScrewed
    08-22 11:58 AM
    Hi I have quick question about converting. If the employer withdrew approved I-140 (after 180 days have passed since I-485 has filed), can one still port the original priority date? Thanks so much!




    raju_abc
    07-21 10:03 PM
    Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
    1)would there be any problem during the Visa stamping?
    2)What should i do to other visa ,which i will be not using?
    3)How should i approach the employer whose employment i will be not accepting?
    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?



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