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  • Is there any IV member in DC willing take up this task, while we work on document?

    The next step is really to get an appointment with the official. We can get signatures/representation much easily.





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  • Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.

    I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?





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  • C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!





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  • Just to add further, I am on H1-B with I-140 approved too. Instate-tuition etc are not my concerns now. Just whether he can get I-539 approval or he should plan for H4.





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  • I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.





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  • I think this is a brilliant idea and might even fly esp because it still preserves USCIS/DOS EB caste system while providin some relief to the EB3s.

    While porting is still an option, it is in EB3 filers' interest to push forward on this idea.



    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile





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  • hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process





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  • looks like there no hope for EB3 India to move further :(

    Ya, no hope for EB3-India :(





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  • ...
    I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE.
    ....


    Presenting copies of your documents to government officials is not PERSONAL use. You could argue that. Personal use is if you would be playing monopoly with copies of your documents with your friends. But if you make a copy of US document for the intent to present to US official and not to misrepresent the original document, it is not "personal use" and it is not illegal. That's why lawyers are suggesting making and having copies.





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  • You are reminded often that you are a second class citizen - There is so much of this...where to start? How about renewing a driver's license? Cannot do it unless you bring your immigration papers with you, and then you are given a driver license only for the duration of your current visa extension, and that is if you're lucky, as it often just gets denied.





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  • Thank you very much for the response. I sent you a PM.

    Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?

    Thank you.

    >> Thank you very much for the response. I sent you a PM.
    I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • My guess
    Best case : 12 months
    Worst care : 4 years

    sachug22,

    I agree with your initial post on this thread. In all likelihood, we will end up with ~ 50k - 55k, EB3s issued this fiscal.
    Last year they issued ~ 6200 EB2-IN, and dates progressed one-year.

    Considering the EB1 spillover plus the FB spillover, we will have ~ 15k - 20k available for EB2 In/CH for use in Aug/Sep08. If the USCIS does its job well, then that should be enough to propel EB2-IN dates forward by two-years April-04.

    I believe a sizeable number of applicants with PD before Jun-06 will get their GCs approved before Sep-30-2008.

    I know my case is stuck in background checks, hopefully it is past 180 days - i have no way of knowing.

    I will be excessively anxious (like most others here) till Aug 1st week, if there is a deluge of approvals - good i'll probably get more anxious.
    If there is only a trickle, i'll forget the whole Aug VB and go back to my plan-A (i.e. forget the GC and get on with living).

    EB2-IN, PD Oct-28-2007





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  • All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler





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  • For people who want to file I-485 filing on their own. Since 485 filing requires only one document from the employer (Employer's letter saying you have the job and its the same job description), its possible to file 485 by oneself without additional help from lawyer or employer. This is a thread for that purpose. Even those who have the help and attention of a good lawyer can use this thread for guidance. This is the initial list of documents that are required for 485 filing and the optional EAD and AP filing. The fee structure is scheduled to change after July 30th. The fees listed below are applicable now thru July 29th.

    I-485 DOCUMENT CHECKLIST

    1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').

    Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.

    Fillable I-485 form:
    http://www.uscis.gov/files/form/i-485.pdf


    Application is sent to:

    USCIS Nebraska Service Center

    P.O. Box 87485

    Lincoln, NE 68501-7485

    2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.

    3. Two Photographs per 1-485,1-131,1-765

    4. Completed form 1-485 for Adjustment of Status

    5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.

    6. Evidence of Valid Nonimmigrant Status:

    Copies of both sides of any and all 1-94 cards
    Copies of all 1-797 approval notices
    Copies of any and all I-20's (if applicable, both sides)
    Copies of all IAP 66 forms
    Copies of all PT Work Authorization Cards (if applicable)
    Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE

    COMPLETED FORM G-325A Biographic Sheet

    I-693 form( Every civil surgeon mostly has this form)

    Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
    Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
    Employment Letter in Format
    Original for employee, copy for all other

    I-765/EAD DOCUMENT CHECKLIST (Optional)

    Documents required for EAD/I-765 per person:
    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
    Copy of past EAD card front/back sides
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)


    I-131/Advance Parole DOCUMENT CHECKLIST (Optional)

    Documents required for Advance parole/ I-131 per person:
    Completed form I-131
    http://www.uscis.gov/files/form/I-131.pdf
    2 photos (full frontal)
    USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
    copy of EAD card front/back sides,
    Copy of I-94 card,
    Copy of visa page of passport in color,
    Copy of driver's license,
    Copy of I-485 receipt notice,
    Copy of I-140 approval notice,
    Copy of Marriage certificate,
    Copy of birth certificate for children and a letter explaining the reason for travel
    Signed statement requesting advance parole





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  • We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
    Hope he addresses something.





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  • Hi Guys
    I think we should also highlight the investment made by H1B holders in Housing , stock market etc .
    Indirant





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  • I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
    Congress need to change that rule not USCIS.

    Know your facts before suggesting something that doesn't work!!!

    I still don't believe that USCIS has no say in spill over - think again :)





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  • Hi,

    I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.

    Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:

    Please can someone say with authority whether it is needed or not needed?

    Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.





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  • Hi,

    My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

    thanks,

    Rwe

    be ready next month my friend.





    Is there any IV member in DC willing take up this task, while we work on document?

    The next step is really to get an appointment with the official. We can get signatures/representation much easily.





    I called USCIS Nebraska SC and I spoke with the customer service guy for atleast 15 minutes. First he did a name check and didn't find it, as expected.

    Secondly, he said that if we would have returned any application, we would have entered that information against your name, so he doesn't even sees that information.

    Thirdly, he said we are accepting and processing all the applications they will be receiving going forward after July 17th.

    Fourth, they still have thousands of applications sitting with them which they received on July 2nd and before August 17th, but there has been no proper communication to them as to what needs to be done with those.

    Fifth, his guess and according to his knowledge he said that we will go ahead and start entering the information for those application also and process them which they received between July 2nd and July 17th, but when would that happen they don't know, but that's what surely would happen, so if they have your application then it will be entered and processed.

    Sixth, He said if I were you, I would call back after a week or so and check again.



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