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  • guys, already suffering that pain. Please enough of the beating...

    I have requested for your valuable advise. But if you ask me why?no reason.... Why do we have many criminals? Why? Why? Why? I believe every one is not perfect in any sense, some get caught, some not....

    Thanks pal

    please update your profile.





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  • I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.

    Ombudsman mentioned that "visa wait-times within some preference categories
    for certain nationals may exceed 10 years."
    http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf

    I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
    Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
    http://www.ailf.org/lac/chdocs/lac_020905.pdf





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  • It is discouraging to see this thread - it is surprising to see the understanding of 'g(G)andhigiri' we have - no tolerance, no forgiveness for the mistake! Shame on us.





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  • It is july 14 2007 for 'Employment-based adjustment applications'

    I am finally able to look the website with May dates.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    It is June 21, 2008 form 485 Texas base applications.

    It seems they have gone back from where they were last month.





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  • Gurus,
    Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the “Court Disposition Document” which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
    1. Is it safe to travel to India and come back on AP?
    2. What are the possible chances that visa officer may not let me into the USA?
    3. Do I need to carry any letters from my criminal attorney explaining the situation?
    4. Any one in similar situation, please update me on this?
    5. Please list of documents I need to carry during my travel

    Please reply and post your valuable opinions/suggestions/advices.

    Appreciate all your inputs.

    Have a nice day!!!

    Thank you,
    Sahaayam.


    I have an answer to your question.
    But first UPDATE YOUR PROFILE with valid information.





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  • When USCIS say 300K applications , isnt that 300K Application PACKETS = 600 - 800K individual AOS apps?. its hard to believe thye have opened them all to get the count.





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  • Macaca, don't get me started on your name

    Dr Ona stands out

    I wish they hadn't closed the blog, I wanted to post on there. I don't see any posts on the link you have provided for the H2B blog on WSJ. Am I looking in the right place?

    No one commented at this H2B blog. This blog appeared without an article as compared to the other which had an article + a blog. BTW, WSJ has more articles on H2B then on EB GC issues.

    Some blogs come and go like immigration bills on the Hill. Have writeups for all occasions.

    Mercury News blog (http://www.mercurynews.com/politics/ci_7091661#recent_comm) is still open. Blog your issues/opinions; needs account. Keep in mind that Mercury News has published EB GC articles but more articles won't hurt!





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  • As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
    TEXT:

    SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.

    `(B) CONTINUOUS PHYSICAL PRESENCE-

    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.

    `(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.



    ..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.





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  • Ombudsman mentioned that "visa wait-times within some preference categories
    for certain nationals may exceed 10 years."
    http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf

    I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
    Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
    http://www.ailf.org/lac/chdocs/lac_020905.pdf

    Excellent find, lazycis !!!!!

    This can be a good precedent case for class action lawsuit. Because law never says that
    EB visa quota gets lost if unused.





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  • I hope they do that ..
    Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?

    I will be completing my 9 yrs for H1 in Jan 2010...;)



    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.





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  • I ran another poll in Sept 2008 (after last years EB2 India approvals).
    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/poll-381-a.html

    There were 7% (8) 2003(+pre) cases, down to 1% good sign.
    There were 20% (77) 2004 cases, now 25%(100) cases (we may have more 2004 members of in IV now or this is due to EB3->EB2 porting).

    2006 and 2007 numbers are consistent, same percentage since last poll.

    good idea. A google search beings up:

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/6128-trying-to-find-where-eb2-india-might-land.html

    almost the same sized sample (~450)... this was right before the july 2007 fiasco, but includes 485 not-yet-filed, so is in essence the same thing as this poll.
    2003 got somewhat cleaned up (used to be 15% is now 1%)
    2004 is more or less same, of slightly higher (98 votes (24%) now. was 84 votes(20%) then)

    so looks like big improvement in 2003, but 2004 barely changed overall?





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  • We(my husband,my two kids,and I) did finger printing on July 19,2007. Now My older son 13 years old got finger printing again. Why?, what does it mean.
    I am scared





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  • It appears that you are cracking a joke, but I cannot stop from replying to your post. Why are you asking God to save IV? For the things we cannot do or for the things we dcon't understand, why do we always have to bring in 'God' in the picture? Can't we even crack a joke without brining in God?

    I am just trying to prevent world war III on these forums. Thats why my request for not referring "God'. We will all be much more happier funnier and peaceful if we try not to bring in 'God' in the mix.

    Next thing you will see, someone will post - "God, when will the VB dates move for my category".


    .


    we know what you two will do after getting your GC/Citizenship..
    hopefulgc will join the republican party.. you will join the ACLU :D





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  • Is there any Specific date, I mean when AILF is filing the case...USCIS is announced they are gonna reject the applications..but did they rejected any single application?? We will come to know after 4 or 5 weeks abt our applications (As per USCIS rep)....I think there must be some time limit to file a case...and we dont have a base to file a case until they reject it.

    Finally they dont reject application nor they will accept it...

    Guys send flowers with all your comments on JULY 10TH...we may get media and political atten...

    this is just my 2 cents.

    Thanks,
    Chandra.





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  • She will continue on H4 status until she uses EAD (by filing I-9 with an employer when she starts working). At that point, her H4 is automatically invalid and she is then on EAD. Until then she can be on H4. Same rule applies to H1.
    Thanks this is useful information. Also I am planning to continue in my H1 status as per company policy they allow EAD/AP only for spouse and not the employee. In future, will I be able to file EAD/AP for myself separately or does this need to be done with 485 filing? In future if I decide to file EAD/AP can I do this myself or would I need my employer for this?





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  • Please ignore if it has already been posted. This article looks interesting considering the current economic and immigration situation

    http://online.wsj.com/article/SB123051100709638419.html

    This is absolutely ridiculous! What would Canada want to do with those northern states anyways?

    But seriously - this is just random ramblings being lapped up as sensational news in the Russian state media (even if that were true)!





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  • If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?
    no





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  • This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old


    UTTER NONSENSE

    You become eligible to file for the EAD/AP THE day you become eligible for AND actually file for I-485.

    HOWEVER your 180 day calendar Begins ONLY WHEN Your I-140 has been approved AND your I-485 application has been pending for 180 days. That after 180 such days can you change ur job and ur application for Permanent Residency is NO longer dependant on the employer through whom you filed your GC.

    Guys PLEASE do not give advice authoritatively unless you know what you are talking about.





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  • yes!!

    EB3 India shows no movement :-((





    you are right. People in such situations are hesitant. But the important thing to know is you have all the rights as would a citizen or PR, to fight illegal actions.





    As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.

    Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.

    Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.

    Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.

    The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345



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