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  • Hello,

    I just received an RFE for my dang travel document as well. They want copies of all my passports, with arrival/departure stamps and more photographs. I travel abroad every other year so this may have kicked off the RFE. I'm sure all the lawyers are loving the RFE's. I cannot believe we have to go through so many hurdles for just a I-131 travel document. It looks like they are going to make us work for our green cards. :confused:

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  • As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation:


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  • Although my H1 and my wife's H4 expires next year July, she got her DL renewed till 2011

    I am in CA.

    Received today.

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  • According to my attorney 2 things

    1. You just need the receipts to travel not the Ap approval perse.

    2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.

    3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.

    As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.

    Good Luck

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  • They are very smart. They know your weaknesses. Unless all so called high skilled use their little skill and go to the street and ask for justice, they will favor illegals. We don't have God fathers !!

    I am very much surprise that media also overlooked the injustice to the Employment Based Immigration.

    I just don't understand one basic question.

    Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)

    On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????

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  • sam_hoosier,

    You are correct to the 'could' part.

    Let me begin my explanation by stating my position on debt default:It is bad, it' NOT worth it and don't ever do it. With the explanation that I will be providing below, I don't want to sound like I'm encouraging debt defaulting, which I'm absolutely NOT. There are severe consequences for your credit, if you default a debt.

    So, with that accusation out of my way :), let me explain the logic behind why I think OP is ok. Only thing that is in OP's favor is statutory time-limits, he had dodged the debt bullet for 5 years,afaik, creditors including the collection agencies lose their right to take him to court for a debt older than 5 years from the first date of default. Unless, OP makes some kind of partial payment now, which will bring the debt to current. At this point it will be a mistake for OP to do that. Collection agencies force him to do that mistake with all kinds of scary tactics -- He got to have a thick skin to settle the debt with whatever he can afford once for all.
    Secondly, collection agencies buy debt in bulk, like 1000 defaults at a time. Collection agencies go through a rigorous screening processes, including threatening phone calls, attorney-letter-head notifications etc, for each debt, even before they can take it to court. When they could not talk to him or trace him or find any utility bills of him for 5 years, they would just consider him as MIA. Unless this guy is a rich dude with Hummers parked outside his mansion all the time Or has couple of rental properties on his name, they will not risk further investment on this particular debt.

    Like always, my 2 cents.

    I stand by my suggestion that OP must seek help from a Govt or a not-for-profit Debt Help or the best thing is to seek Attorney's help if you can afford. Don't go to the collection agency or to any of your debtors first.

    Your comment is factually incorrect.

    The creditor (or collection agency) can take you to court. If you don’t show up,the judge rules in favor of the creditor and against you. However, this judgment is just an acknowledgement that you owe the money.

    In order to collect another court date must be assigned to perform a ‘writ of execution’. If they summon you for this, and you don’t appear, they may issue a bench warrant for your arrest.

    If the amount is small enough, the creditor may just write it off (with impact to your credit history). But if its big enough they could go down the legal route.

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  • every drops count!! there is no single solution that would buyout all the foreclosures. Immigration is one of the major factors in fueling the economy.. folks, dont tell me that the legal immigration took away the jobs of an american.. may be one or two cases, most of the cases employers could not find any US people to fill ( high tech jobs). Letting the current non-immigrants to have GC, is not going to take away the new jobs.. all these non-immigrants are already in good paying Jobs.

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  • Hi,

    I'm sorry if this question sounds trivial, what is LUD? My FP was done on Sep 19 and I checked the uscis website today using my i-485 receipt #. I don't see any update. Please let me know.

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  • Hi friends,
    I am from south east Michigan just like everyone else here standing in the never ending line of gruesome and crippled immigration system.
    Let us come together and help IV achieve our goals.
    It is high time, that we ask for what we deserve. And it wont come unless we stand up for ourselves.

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  • Because you are a hypocrite.


    That's neither helpful nor accurate. And you can help by not trying to get into any real debates. I will invite you when there is a name-calling party on. Promise.

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  • meant to be quotes

  • rsk73, your job decides if you can get in to EB2 or not. if you are working for MNC and apply for PERM, the current market is bad and they will ask you to wait for 6 more months. so, I don't believe this is a right time for PERM application - my 2 cents

    P.S: normally, these kinds of EB3 to EB2 porting questions are a little sensitive in the forums but 12th year H1B.. damn.. you are surely qualified for EB2, problem is, your job should. All the best...

    Hi All,

    I am on H1B from 1998, 12th year and counting.


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  • lost .. yours isn't bad either

    but yes .. soul's entry is simply awesome. all those details .. the colors ... you gotta love it!!

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  • Wish they had one!!

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  • food for GMAT..I know of other folks who are cousins that bear the same family name and first name..the distinction comes with the middlename which assumes the role of the first name..O' Boy! namechecks..?

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  • Been with Ron Gotcher for over 5 years now. Never ever had a problem. The best thing is you can talk to him or his son anytime regarding any immigration issues. I had lots of H1 issues with my current employer and he was gracious enough to talk to my employer several times and help them out without charging me a penny. I would highly recommend him.

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  • If you submit the right documentation these days i-140 does not take more than an month.

    This is definitely NOT TRUE unless you are talking about premium processing.

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  • Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
    1. Why does the company require 2 years of work experience?
    2. Why does the company require M.S. degree for this position?
    3. Why does all skills and programs require for this position?
    4. How long it take to obtain those skills and programs?
    I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
    Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.

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  • Thank you very much for valuable answer. I appreciate LazyCIS, pmb76 and sam. Then I will wait till 180 days to go.

    Just to clarify, Do I need to look / take jobs only permanent after 180 days?

    Thank you,

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  • Is the text of CIR already published? Is there a link to that?

    I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.

    Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.

    Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?

    Thanks again for the help!

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