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  • I don't know anything else about these cases, was checking randomly and I see cases filed for 5th and 11th have updates.

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++

    Receipt Number: lin07XXXXXXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    ====================================


    Receipt Number: lin072XXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • I'm going to say this once more. As much as we try, we cannot bring the Indian community under one umbrella to act together. It's a pipe dream and not achievable. I've experienced every possible Indian specimen there is in the Bay Area. Indian community in US can NEVER be like the jewish or hispanic community. What we need is representation in the corridor of power (AKA Congress/ Senate), period. No number of phone calls from mere mortals like us will equate to one phone call from big-wigs such as Vinod Khosla or Indra Nooyi.

    If you are wondering if I have done anything, here's my contribution.

    I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.





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  • Visit here http://www.canadaimmigrants.com/forum.asp





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  • seem to be like the three classes in railways in Asia. First (EB1), Second (EB2) and Third (EB3). So unfortunate. :(





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  • Jaime,

    It is easier for you to go to India if your company sends you there on an expat assignment. As the pool of available labor is very high, it is IMHO very difficult for you to go independently. You can also try to google for agencies that recruit people for specific skills etc that maybe in short supply in your specific industry. I am not sure what your skills are (IT, Sales, Marketing or Engineering etc). More information would let people give you better pointers.





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  • This is the same argument used by anti-immigrants.

    I am a nurse so we better flood the job market; don't you think so?

    Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
    I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.

    lotr





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  • INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.





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  • I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.

    I really am not able to understand your education pattern

    10 = Std 10th
    +2 = Std 12th I assume
    +1 = Is this the commerce 1st year?
    +3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.

    My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.

    Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program

    I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.





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  • Pappu,

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.

    I agree.
    Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
    Green card holders do not even want to be friends with H1B.
    H1B do not want to be friends with F1.

    H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.

    Green card IV members do not even want to come back here.





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  • ^^^^


    Delax, my friend, you are safe on the other edge of the shore. We don't know when we get our approvals.





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  • raamski, dont post your receipt number, if you mention like LIN07xxxxxxx that would be fine. edit your post.....





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  • This is my first post so forgive if I am not in the right place,
    But I have situation where in I need your inputs to decide.
    I am working at a clients place and they willing offer me a full time position.
    My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
    In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
    I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
    Please Advice!

    You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.





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  • guig0: U posted the final one? Where...?





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  • Hi All

    I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date

    I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.

    My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.

    There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...

    I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).

    I believe my H1-B has been automatically canceled on immediate approval of GC.

    How do I get my future wife to USA?. What are the options left out to me now?.

    Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.

    --Suresh

    Hi Suresh,


    I'm in the same situation as you are in.. Can you please let me know which option did you choose?..

    Thanks in advance.





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  • sanju,
    you said: at some point uscis would send a request to you for employer verification?
    why would they need that: as we have submitted that at the time flinig 485?

    i dont know if the above is true only for consultancies?

    i work in a big software corp and never heard of any queries at all?
    approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)

    am i missing something here?

    thx





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  • Just suck it up and go for it. It seems unfair but that is a fact of life. Think about what is 5K in 5-10 years time, once u get GC you and ur wife can get better paid jobs and make up for it.

    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.





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  • I think his post was based on the summary on the site.

    "OpenCongress Summary:
    This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."



    Where did you read the new text ?





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  • I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.

    AFAIK, close to 1 million applications were filed during this period if you include 485s , EADs and APs and all by all the folks.

    All was fine until this time and then came 2008 where some people who were still on H1 applied for EADs and APs as USCIS started to give EADs for 2 years.

    Then in 2008 there was a new rule put in place stating that there need to be an Employer-Employee relationship for the people working on H1, this has created some kind of panic among employees and employers and people started to invoke EADs left and right thinking it was not safe to continue to be on H1.

    And since then as the economy started to take toll, people were laid off and employers were not willing to transfer H1s as they were too many queries on H1 extensions and transfers. Everyone thought that it was never to be safe to be on H1 and started to invoke EADs either to change for better jobs and people looking for jobs also invoked EADs as it was easier to move..

    Then came Oct 2009 and we saw that not many Labors are getting filed by EB2 ROW applicants and very few employers were filing Labors as the Unemployment was in 2 digits % wise and were not able to convince DOS on non availability of citizen/PRs workers to do same or similar jobs.

    Also most of the Labors were audited and it took close to a year to clear all that backlog before people were eventually approved in EB2-ROW applicants, until we saw July visa bulletin which raised our hopes.Based on the spill over they were supposed to approve close more than 40k EB2 I/C applications in the last 3 months of the year.

    But there was a twist in their understanding. As most of the people who got EADs in 2008 were ripe for renewals(this includes EB-2 ROW/I/C, EB-3 ROW/I/C).And hence applied in mass for their renewals. This caused a huge delay in approving the EAD renewals and you have already heard sad stories about it..

    Out of all this, All I can say is that USCIS was working harder than ever during the past 3-4 months to approve so many cases and hence I assume there is a genuine workload to clear all those cases.

    Based on the approval trends, I think they have already allocated visas to the applicants who were current and started to approve as soon as the case has been looked into unlike what they used to follow of requesting visas after final verification.

    Remember USCIS cannot give an excuse of not utilizing all the visas for the current year and blame on FBI name checks and all , as they had 3 sweet years to adjudicate the applications. And I guess they were under tremendous pressure to approve the cases by Sept 2010 month end.

    Just my Honest Opinion.





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  • Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
    Check this.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
    As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
    It is not so easy.
    Please refer to these posts from UnitedNations on this :
    http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
    and
    http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.


    ______________________
    Not a legal advice.





    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.





    current count 260.Great job everyone.I was chatting with few friends casually and mentioned this. Four of them also have voted. If we can hit 300 by end of the day today, that will be pretty impressive. As someone said, even though this might seem very insignificant but spending 3-4 minutes is definitely not going to hurt us.

    Keep it up..



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