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  • [QUOTE=nelsonagn]"So who ever were able to sneak in under that category, will get their GC."

    Not if they are the 50,001st they won't.

    -> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.

    Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.

    -> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.

    Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.

    -> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.

    How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.

    Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.

    -> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.

    USCIS will just as easily switch those left to another category when the 50K are used up.

    Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.

    -> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.

    That's what retrogression does: it takes I-485s already in the system and freezes them.

    -> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.

    So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?





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  • My original "Reciept notice" of 485 came from "California service Center" then few weeks i got another notice of action notice type = "Transfer Notice" that said your application has been transfered to "Nebraska service center".
    For EAD renewal should i send copy of just Receipt Notice or both?

    Also should i send the EAD renewal app to "Texas Service Center" as per instructions because i live in MA ?


    As per section 7 of the instructions "with a copy of the receipt notice or other
    evidence that your Form I-485, Application for
    Permanent Residence or Adjust Status, is pending"

    So you should send a receipt notice and that should be enough.
    But for the heck of it, it does not matter if u send that transfer notice.
    USCIS will not create any issue for you, just because u sent TOO much documentation. Here we are talking only about 1 extra piece of paper.

    For legal fanatics: Technically the statement clearly states that they are OKAY with only the receipt notice. In fact that statment also tells me that you could show anything as evidence of a 485 filing. So even a xfer notice should also be fine. I simply recommend, send the recpt notice. Thats all.

    So now its all upto you.

    Yes. Read the instructions and send your applicaiton as per stated. So if it says that MA people are supposed to send to texas, send it to texas.





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  • I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .

    -vinod

    Is that a 10+3+1 education?. If it is, USCIS should have denied your I140 the first time. At least, you could have re-filed in EB3. Try to open MTR as others have suggested but do not hold your breath over this and get ready to file another labor.





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  • Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?

    When USCIS changed the laws, there was a bloodbath here between Eb3 and EB2 folks...
    Looks like you were not aware of it!





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  • Hi everybody,

    I will post here my query about I-140 because I didn't want to start a new thread only for my question.

    It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?

    How is it working?
    I wwould highly apprecite your help.
    Thank you in advance.





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  • it might seem like eb2 has moved.. and it has from last month...but this is where we were at in april 2006 (may2006 bulletin -1st jan 2003) before the dates stagnated for a cupl of months, became unavailable and finally moved backwards in october.

    so basically no movement for 7 months.

    This is true but I was fearing worse. It could have remained at Jun 01.





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  • It is not I, who decides it on what to do. It is always the opinion of majority members.

    Welcome Sir.:)





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  • votes and replies. I have updated my profile...





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  • If anyone has better suggestion.

    Guys, I know what a deshi company can can do to you for only 200$ or 300$. I am the burning example. I don't see how to open a thread and I found this thread is some what relevant. Please check this and put your valuable comments/experience/suggestions. http://www..com/discussion-forums/i485-1/239950067





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  • Do we really need to pay NRI Fees in Schools or colleges with PIO card? I thought otherwise. This does apply to an OCI card holder as well?





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  • I am on H1 and my wife on H4. Can she apply for EAD while I do not ( I would prefer to extend my H1) after we both apply for 485?
    Thanks





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  • This confirms unless we get major reform for addressing backlog, all this idea of making 485 current is eyewash and nothing but trap for exorting money out of legal immigrants every year to pay for USCIS funding.

    Immigration Agency Mired In Inefficiency (http://immigrationvoice.org/forum/showpost.php?p=72776&postcount=1208) By Spencer S. Hsu (http://projects.washingtonpost.com/staff/email/spencer+s.+hsu/) Washington Post Staff Writer, May 28, 2007





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  • I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lenders were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.

    I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 10, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars . Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.

    In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.


    I can understand your anciousness in getting green card,,but the problem now is to make existing home owners to pay off their mortgage bills and tied to their home than giving to the bunch of immigrants aspiring to buy out from them in a give away price....

    Honestly speaking, we are indirectly responsible for this credit crunch...

    I blame more on the Onsite/Offshore model.....

    wait for some time...time is the good medicine and it will heal by itself....





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  • L1 may have f*cked up the wage drop , but the H-1B has clogged the quota and caused the friggin lottery , i know so many kids from top univ's having gone back home coz of the lottery that got gamed by these a$$hole bodyshoppers:mad:

    just a few years back the masters quota would take till aug to fill up , and this time it went in to lottery , i wonder how :rolleyes:





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  • Why cant you guys understand, we have no right to demand.
    Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.

    Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
    But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?

    So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.

    As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.


    You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.

    �The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.

    The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?

    Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�

    We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.


    Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.


    PNS27
    PD: EB3 June 2002





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  • Just saw that this dude is banned. Its good. He created a fake profile recently to divide us.





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  • The exchange rate was Rs. 41.90





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  • IV needs to come out with a action plan or tell what it intends to do with the donations. once they are more open, donations will flow. I know IV is non profit org but that does not mean that funds cannot be misused. (I need more red dots please :))

    Yes! I agree Paying for bandwidth that is used by folks such as you is misuse.

    Troll and Troll until Grasshopper kicks your sorry A$$ out some where





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  • e-mail won't do it. Put it in writing or wait until 90 days passes from the receipt date





    If both of you are Indian citizens then your only option is PIO as OCI needs atleast one parent to be a US citizen.





    You are absolutely right. Thanks for correcting me. Its a really stupid law...I hope the officers are not very strict with this.

    You are absolutly incorrect. Unfortunatly most lawyer or their web sites do not explain the limitation of "parole". Because most of the CBP at POE are flexible; that does not mean that the law is flexible. This is what the instruction for AP in the form.

    "Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance."

    Read more about AP at

    http://www.uscis.gov/files/form/I-131instr.pdf



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