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  • My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.

    Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.

    Now the big question is, how do i initiate this whole process?

    I really apreaciate all your suggestions.

    Invoking AC21 is easy, but you need to know what you can expect and how to resolve it

    (1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
    (2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
    (3) Your new job must be in same or similar category.
    (4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
    (5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
    (6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.

    Hope this helps

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  • Going by his language I am pretty sure this is the same Matt The "Clown" we had here posting as German sometime back...

    I think is IP banned and he no longer able to access the IV.
    Thats I read in his forum...

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  • USCIS has specified that they would have processed all the records into a single database by 29th October.

    Does this not mean that there could be a forward movement in the Nov bullietin ?

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  • can you hold these meetings on saturdays? weekdays are impossible for me with a 1.5 hr commute (common with most tri-state folks).

    informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)

    The idea was to make it easy for majority folks who work in Manhattan and surrounding areas. We were also concerned that the tri state folks travel long distances and work long hours during weekdays will need the weekends for themselves and a Friday night after work must be the best time.

    But, yes, based on majority of the folks's response, we plan to do one more on a Saturday, but not in Flushing, location will be decided soon.

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  • Greetings.

    I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..

    http://www.immigrationvoice.org is a banner under which we are getting together to
    1) Find solution to employment based greed card retrogression
    2) Labor delay in the backlog centers.

    All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.

    Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.

    I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.

    Here is how you could help towards this cause and solution to retrogression & Labor Delay problem

    1) Register as a member of http://www.immigrationvoice.org. It is free.
    2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
    3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
    4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.

    Thanks for all your help .... Happy New Year!
    Please forward this mail to as many friends you can.

    Volunteer @ http://www.immigrationvoice.org

    I have just contributed using paypal. I really appreciate the efforts you are putting into this. Is there any introductory email that can be sent to prospective members to spur their interest and compel them to come join and contribute?

    I would like to send such an email to my contacts. I am sure many people can use that.


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  • I've been having similar thoughts for quite some time. Whether I should move back to india which is a one way street or continue here waiting to get my GC, citizenship etc.

    Here is my analysis of the situation without considering the emotional parameters involved

    1) India is currently on a fast track to development thanks for the IT industry. There are a lot of jobs and salaries are sky rocketting. A lot of people in India are living a life in India which we can only dream of here in the US.
    2) BUT I also read about the growing cost of conducting business in India. Definitely with salaries increasing by leaps and bounds, rupee appreciating against the dollar, high taxes and infrastucture cost has already got companies thinking about their businesses in India.
    3) Many are thinking of moving to southeast asian countries like Singapore, malaysia, phillipines, even China.
    4) Even if they dont move out I am not sure if the current trend in salaries will continue. It will definitely correct itself in next 3-4 years. Companies would tend to hire more fresh graduates than hiring experienced personnel.
    4) I am not sure with all these developments how would things be in India in next few years. If I move to india and then have to move to these south east asian countries then why not be in US and ride out this turbulent period.

    but then if you include the emotional factors in this equation it totally changes everything.

    As of now at least I am confused about what to do but I guess every first generation that moves out of their home town has to go through the same thought process, only the immigration to US is complicating things further.

    What will happen next is something for time to tell...!!

    Good luck to all of us and may god help us all to make correct decisions.

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  • MS - Fast and Cheap.

    Fast - Typically MS degree requires 30 to 36. credits or more. Typical full time student takes 9 credits per semester. Assuming you are going to take Course Only option.

    Maximizing your Study Plan - 12 (Fall) + 12 (spring) + 9 (Summer). There you have it the Fastest way. I don't see a way to get MS faster that 1 year.

    Cheap - Cheap can be in the form of Scholarship, Financial Aid or atleast In-State Fees. If you plan to work full time and study 12 credits, get ready for a bumpy ride for 1 year.

    These days, you get RA/TA only if you work for a professor and that will take you into Thesis Option. Completing Thesis + Course work in 12 months is no simple task, when schools generally require 2 semester of Thesis work in addition to course work.

    Online MS is another option, but its not cheap. Find a nearby school where you have established residency. Talk to schools Admission office to see if you qualify for In-state Fees based on your resident status.

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  • Allowing people to file for 485, but not giving any GCs may be the plan.

    Such a move do not bring much complaints from anti-immi groups. But this move will reduce the noise from people who have not yet filed for 485s. May be after getting EAD all those people will invest more in America.

    This is maximum bang for the immigration buck from the USCIS/DOS point of view.

    Ron says it will be current for a "brief" period. (similar to july 2007 fiasco ?)

    It will be a good opportunity for people waiting to file 485. For people already in the queue, it may not make that much difference.

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  • I don't think USCIS takes into consideration whether the MS is full time / Part time / distance learning. On the degree certificates no University mention's if the program was full time or online. Also i don't think USCIS goes by the reputation of university. As far as Accreditation is concerned please check with education evaluators they might be of help but then again I don't think USCIS looks for accredited programs. I say so because there are lot of local schools which are not accredited but have good reputations locally.

    As far as career growth is concerned after MS that's a separate topic altogether..

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  • All,

    IV supports AILF efforts to file the lawsuit and feels that if the lawsuit has a favourable judgement then, it will provide respite to lot of people in the Community IV represents. IV is not an organization which works with one motive and that is to get people out of the greencard mess and IV will support whoever helps its member community.

    We feel that revision of Visa bulletin was not correct and AILF is absolutely correct to file a lawsuit against this directive and hence we support AILF in their bid to sue USCIS & DOS

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  • Any hopes in EB3 India priority date movement? Hope they work on some legislation
    Are you serious? Maybe we need to request tips from whoever it is that got a GC with 2006 PD.

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  • ... Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06 ...

    tooclose -

    Can you post the link to the page on the USCIS site which says so?

    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

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  • In its note http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf, the USCIS clearly says it would reject applications starting 7/2. So, how can it accept July applications--especially when many of them haven't been sent yet?

    He wrote "If we win lawsuite..."

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  • our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date


    You can apply H1 extn earlier than 6 months. Mine was expiring in Sep 07. I applied on Jan 5th 07. Got 7-8-9 year extn in March.

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  • although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.

    Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.

    nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.

    My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center

    2 year back my I-140 got rejected due to same reason 3+2 degree.

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  • here is the contradictory nonsense that they did:

    1. ALL non immigrant visas including H1 and l1 are presumed now to have immigrant intent- what this means is- the counsellor at the embassy can now turn your visa down for immigrant intent- was not true earlier. So be ready to prove home ties.

    2. However- get this- they retained the clause that you can apply for a GC and that this application will not affect visa issuance - and they added F4 the new student visa to this clause

    so! prove home ties- but it's ok if you have applied to be a perm resident
    does this make ANY ANY sense???????

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  • EB3/DHL delivered on 02-July @ 8.26 AM

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  • usually around 15 of every month

    Usually its around 8th of every month. We are close....

    Suspense music...
    Heavy boot voice...

    everyone in Immigration Haveli are scared to death. USCIS monster is going to strike again soon.... HA HA HA HA

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  • I think we should encourage members/readers to e-mail this article to others, even though it might be have been read by everyone.

    The reason is that headlines change every day, and are easily forgotten, but the "Most e-mailed" section is quite persistent.. Plus, many regular readers of WP (like me), simply jump to the "most e-mailed" section directly to check out the most interesting stories.. Also, the rank and durability of an article in the "most emailed" section is a direct measure of the perceived impact of an article.. making sure this article stay there is therefore very important.

    Maybe we should have a separate thread requesting members to email article from WP's website?

    Two years before you would have got a different reply because selling a house was easier than now. My priority date is Jan 06, EB3-I, but we bought a house because of our personal choice. We wanted to give our daughter a nice environment to grow with friends. Why should she suffer because of the delays in GC?

    Not buying a house doesn't hold you up to a location, especially if you are in consulting but again if you want to settle down and travel less, with EAD, it is still OK to buy a house. As long as you have some saving to take you through just in case you have to go out of the country and come again, you should be OK. If you don't want to risk it and space is not a concern, renting is not bad at all. House in the US according to me is not an investment purely on dollar value but the quality of life is way better than renting. If you will lose sleep just because you made a major investment, then hold on for few more years.

    This loss of visas is due to:

    gaps in USCIS� accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).

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