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  • ujjvalkoul

    Try this forum. It's a better source of information on Canadian immigartion.

    http://britishexpats.com/forum/forumdisplay.php?f=33

    Good Luck!





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  • i'll take this as joke.

    Trust me, if he wants to kill you, he won't ask for your money.
    If he asks for your money/car, he doesn't intend to kill you.

    You think anybody can mug 'sledge hammer'?





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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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  • 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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  • Are they processing based on received date or notice date???

    If your lucky no date matters it will be approved any time , Techinically it should be receipt date , but who knows whatz going on ..

    Recepit Date and Notice Date are like project requirements which some team members get it right and some dont ..

    I think it will take few more years before they finish working on July 2007 cases and stream lining the process , so I guess for next year or so it will all be luck





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  • http://www.ailf.org/lac/lac_lit_visab.shtml
    http://www.murthy.com/ailf_lawsuit.html#Update6

    They obtained authorization to file the lawsuit. They had it prepared to file and received good response from possible plaintiffs. It was possibility of good strong case by AILA that deterred USCIS to reverse the decision without a formal lawsuit. This is exactly what we need to further our cause. USCIS could care less about other petty tricks. They will only understand language of laws/court. For that we need congress to pass laws favoring us.


    Our decision to send flowers was initiated around 2-3 July and the first of flowers were booked to be sent the same day.

    follow this thread
    http://immigrationvoice.org/forum/showthread.php?t=6000&highlight=krishnam70

    the talk of AILA filing a law suit was around 3 week of July and murthy about the same time. The flower campaign got quite a lot of attention and it did play its role

    What we need now is not another flower campaign but something else. We could take the suggestions of other IV members, may be sending a letter is not a bad idea with some extra postage stamps to help out the USPS since they also reduced some of their services due to funding issues. How about sending few $$ donations to the military fund any public fund to be used to spending.

    We need to consolidate all these threads in to a single one and start working on it and quickly.

    'While the jews argued about whether the romans were right or wrong they got sacked'. so lets have some focus and get something underway

    - kris





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  • That's good.



    I hope that this is not an automated one.. :)

    Thank you for expressing your concerns regarding the Department of State�s visa policies.

    You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.

    Thank you again for contacting me.


    Sincerely,
    Sherrod Brown





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  • Even if a Mod or an Admin wants to wish its members on festive season, there is nothing wrong about it. Even the American President wishes people on ocassions and festivals.

    I'm with you.





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  • May be a PUBLICITY STUNT.


    Barack Obama pledges to fix the broken immigration system - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Barack-Obama-pledges-to-fix-the-broken-immigration-system/articleshow/6116661.cms)
    WASHINGTON: US President Barack Obama on Thursday pledged to fix the "broken" immigration system of America to make it easier for the best and the brightest of the people to enter the country, that has nearly 11 million illegal immigrants.

    In his first major policy speech on immigration, Obama revealed the broad contours of his vision of reform, which if implemented would be helpful to hundreds and thousands of people from countries like India, who are professionals and law abiding and add value to the American society.

    "We should make it easier for the best and the brightest to come to start businesses and develop products and create jobs. Our laws should respect families following the rules, instead of splitting them apart," Obama said.

    "We need to provide farms a legal way to hire the workers they rely on, and a path for those workers to earn legal status," he said.

    The president said the system should stop penalising innocent young people for the actions of their parents, by denying them the chance to stay and contribute to build the country.

    He said the presence of about 11 million illegal immigrants makes a mockery of all those who are going through the process of immigrating legally.

    "Indeed, after years of patchwork fixes and ill-conceived revisions, the legal immigration system is as broken as the borders. Backlogs and bureaucracy means the process can take years," he observed.

    He was quick to add that immigration reform has been held hostage to political posturing and special interest wrangling and to the pervasive sentiment in Washington that tackling such a thorny and emotional issue is inherently bad politics.

    The president said besides addressing the issue of illegal immigrants, a reformed system also needs to address the need for talented people to stay and contribute to the country.

    "While an applicant waits for approval, he or she is often forbidden from visiting the US, which means even husbands and wives may be forced to spend many years apart... High fees and need for lawyers may exclude worthy applicants.

    "While we provide students from around the world visas to get engineering and computer science degrees at our top universities, our laws discourage them from using those skills to start a business or power a new industry right here in the United States," Obama said.

    He said instead of training entrepreneurs to create jobs, "we train our competition", adding: "In sum, the system is broken, and everybody knows it".





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  • ko gussa kyun aata hain ?





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  • Bottomline is they do not want to give us Greencard just use us and fool us. I am sure this 485 being current is big melodramatic thing.

    And it is only 1 year of filing I-485 ( can i take comfort that many others have been stuck 2 year, 3 year etc ). ANother reason why visa numbers got wasted is that many fellas got stuck in namecheck ( Ask many of the Indian/Chinese/Russian folks ).

    I don't what crappy way they use to separate good from bad.





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  • Actually very true. I for one have held off on buying a gun (though my wife highly disapproves of guns) simply because I dont have a GC and dont want any hassles. Besides I live in Chicago which has a ban on guns. Ironic that the maximum killings and drive by shootings happen maybe 30-40 blocks from where I live but the city doesnt allow legal law-abiding residents to own guns.

    It isn't an outright ban. Chicago doesn't allow concealed carry, and requires guns to be registered, but you can own guns. Yes, the process for legally owning a gun in Chicago I understand is very tedious (sad, I know), but not impossible. Much like NYC.





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  • TSC I-765 for pending I-485 adjustment application is 'Feb 15th 2008'...last month it had 'Jan 29th 2008'...only moved 16 days...it is really weird...how much time they take to process may applications...mine will be expired on Aug 16th 2008...i am scared now..i am working on EAD.

    cant you get an interim EAD after 90 days...





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  • Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!
    =======================
    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.





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  • All the "I will try to make it" will be there. People like to play it safe always, thats why they choose that option.





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  • According to this from Murthy:

    Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.





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  • We applied at TSC (e-filed) 2 weeks earlier than your and got a decision last week. So you probably could get a decision soon in about 2 weeks.

    Thanks for the reply.
    I have another question: Were you applying AP for the first time or renewal ?





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  • I got my GC last week but had a house here since Feb 2005. It helps when you file the tax :)





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  • Pot calling the kettle black! (or should I say brown?)

    leave the joker alone.. he needs to take english lessons and also needs to brush up his comprehension skills... :p:p





    I was charged Class 1 misdemeanor with battery at California. If I finally reject DA offer (only waive Jail time, but keep the same charge and 52 weeks anger control classes plus 3 yr probation), I have to go jury trial middle of July.

    My wife and I just kid around at our apartment, she suddenly scream as pee on pants. (probably from my holding, but at least it is un-intent accident) but she did not tell me the reason that time. As she scream very loudly like be out of control. I try to comfort her but no result :(. Then 2 neighbors call 911. Cop comes, my wife said we kidding around, but not say the real reason for embarassment, sure there is no injury, no mark. But I am so stupid to describe the detail and said word "drag", In my poor English, drag is not that serious. Actually I just lift and hold my wife and try to move her to study room as she want to go there. That's all. But that time, I did not realize that serious. That cop record I am irritated and drag my wife's hand and push her to computer chair ( I really not said that push to chair thing), then she screaming! I was immediatedly arrested that time and leave the fingerprint at police office.

    Then I hired a criminal attorney, but DA refuse to dismiss or reduce my class 1 level charge. Only waive the jail time. My attorney said my own statement is not good for me and easy to be attacked.... he tried to persuade me accept offer... :(

    I feel really upset but hardly to accept DA's plead to guilty offer. Both my wife and I think I did nothing wrong. Now my wife try to contact DA through email.

    I prepare the worst thing, if lose the case in jury, will my GC gone? I filed 485 last June and fingerprint August/2007. The arrest happen at earlier March. And worst case, will I be deported immediately? Now I still in H1, expired at 2011.

    Really appreciated if you can give me any advice.:(





    Our state is like Indian farmers. Indian farmers look for rain in July, August and september for good harvest...we look for July, Aug and Sept for good visa bulletin. Government will not do anything for hard working farmers in India and here for hard working professionals.



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