Friday, June 17, 2011

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  • WithoutGCAmigo
    06-18 10:57 AM
    I-131 Application for Travel Document June 25, 2006
    I-765 Application for Employment Authorization November 22, 2006





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  • uslegals
    12-06 04:51 PM
    Here's what i can add - my ead too has been pending for 4 months now.!
    I went in for a second infopass this morning (14 degrees F - 5 block walk from where i parked.! I almost had a facial nerve plasy from the biting cold!). Anyway after looking into her system - the IO told me that the A # on my 485 receipt has not been linked to the 765 & 131 applications.! So she was busy typing so stuf for like 2-3 mins and then said that since my 485 was filed intially and the 765 & 131 were sent in after a month or so - hence this generated a miscommunication between both these sets of applications.
    So since the A# is not tagged to the EAD & AP applications in thier system - i guess it seems like i have not filed for the EAD & AP at all.! Makes sense.?? I guess..!!
    Anyway she was kinda nice....she was like... don't worry...etc..the last thing she said after i said thanks was "good luck - hang in there"..Imagine that coming from USCIS IO..!! Lets wait and see now if at all there is any progress on my case.!





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  • msyedy
    02-07 10:23 AM
    Hi,

    I need you advice.

    I have Labor and 140 cleared under EB3 (worldwide) and waiting for 485 to file. PD is December 2005. I am software developer/engineer

    I asked my company lawyer to file for EB2 since EB2 is current. This is what their response is.

    "DOL has come up with what they consider to be job classifications and separated those into the job zones. There are very few which make it to zone 5 and they include such things as surgeons, lawyers, physicists and the like, in other words highly specialized positions requiring a higher than normal education path and many years experience. There are no computer related positions listed under Job Zone 5. All our positions fall under Job Zone 4 which does not lend itself to EB2 filing. We can�t file under EB2 due to DOL restrictions to minimum requirements for positions."


    Is it true that computer professionals now can not file for EB2? Is there any way that EB2 can be filed? Is it not possible?


    Please help.

    No.. You can file under EB2? I dont know where you hered that from, my friend is about to file his EB2 he is in his advertisement stage.

    Second thing.. Who told you that the EB2 is current, EB2 is sitting at 11 Jan 2003 and for 5 months now. No body knows when will it move and how many days it will move......

    Even EB2 NIW is also in the same situation so how is your lawyer saying it is current. I guess you are lawyer is a barber.





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  • everonh1
    08-05 01:38 PM
    Guys,
    Based on the posts here and elsewhere,even I had reached a conclusion that if your PD is not current and if you get married when its retrogressed,you will have to wait till it becomes current to add your spouse to your I-485.

    But recently,I was talking to a friend.He was in exact same situation couple of years back and was thinking he cannot add his spouse.But when he contacted his attorney,he/she said there is nothing like that and he went ahead and added her to his 485 without issues. This is fact.As per his attorney any addition to primary application is allowed no matter PD is current or not. The thing is, it went off fine and he has not got his GC yet,but his wife's 485 is also filed.

    Now I am not sure whom to believe.Is there any specfic USCIS faq or comments which clarifies this issue?

    rgds,
    everonh1



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  • GCBy3000
    07-19 03:32 PM
    Once you invoke your EAD ,your H1 goes void. H4 is dependent on H1 and it should also be void. Assuming it does not go void, then you will enter into another problem when the H4 expired. You will not have any avenue to renew her H4 without you being on H1. I would recommend you to stay on h1 if your wife is on H4.

    Hello,

    I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.

    Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
    F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.

    Please suggest what should I do now ??

    Thanks





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  • rockstart
    08-03 02:31 PM
    Ideally GC should be issued in order of priority dates but from past experiences with USCIS I am not 100% sure that will be the case it will be all hell lose since they have just 30 days to consume all unused visa#. Else they will have to face the heat at the hill. So it could be pick any approvable aplication from the pool and finish the task.

    This is just a wild guess. I do not dictate how CIS will or should work so dont red me if you dont like the guess.



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  • jetflyer
    07-02 10:24 AM
    I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.

    I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.

    my 2 cents!




    6. Lost EB visas for USCIS / DOS mis-handling.





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  • CWYGC
    01-18 12:37 PM
    I don't have a paypal account, but I would like to contribute, is there any other way that I can send my money to you?

    Thanks.



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  • bluekayal
    12-07 05:26 PM
    So EAD is screwed for lots of people, in our case its the E-filed AP. Filed on July 12 and booked tickets to India on Dec 26th and no sign of AP. Looks like we'll have to postpone or cancel the ticket. Thanks to friendly IO in TSC we heard that the photos (sent later thru snail mail) were not attached to the applications...So on the IO's suggestion we sent off a 2nd batch of pics...

    Well, I've got all my fingers crossed...but I kind a know there may not be sights of lush green fields and beautiful kayals--aka backwaters in my immediate future...urgh..





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  • pappu
    05-10 09:42 AM
    2007 DC Rally Blog

    Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)

    ----------

    Full Page color ad in Roll Call
    http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf



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  • alien2006
    10-24 10:19 AM
    I know a EB2 India application (obviously not mine) that was approved after this July fiasco and no where I could find his PD date current in those previous months (except July where everyone was current). After this guy got his GC, I am convinced there is no "system" in place. It is all random and you can't really predict anything. :mad:

    Congrats OP :-)





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  • arunmohan
    05-24 11:37 PM
    Hello,
    I would like to request core members to please prepare one web fax for H4 people who are stuck in green card logjam.this issue should also be put in limelight now.I request all other members to help draft a letter for the same.



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  • DSLStart
    09-05 01:20 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.





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  • terriblething
    06-12 03:39 PM
    My wife did not say the real reason for embarassment, and also she did not think that serious that time. For me, I did not know the real reason until I was bailed out by my wife :(

    DA knows that for them to win the case, they need your wife's statement on their side. And for you to win the case your wife will have to testify under oath. The attorneys are prepared on both sides to argue this case and examine and cross examine the case. Make sure you have a really really good attorney.

    I hope you are telling the truth. If not why she didnt tell the police or you didnt tell police the real reason. Now the onus is on your wife to contact the police and DA and let them know the truth.



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  • java_jaggu
    06-18 12:50 PM
    EAD Renewal's are eligible for premium processing, so if you really need a renewed EAD to change a job, it's almost comes down to paying an extra $1000 to get it within 15 days. As far as a new EAD goes, USCIS will have to process it within 90 days. Now that they have stopped issuing Interim EAD's , if you go to to the USCIS local office after 90 days of filing the initial EAD applications, they are obligated to come back to you with an answer on why your application has still not been adjudicated. If you do a google search on interim EAD termination, you will find a couple of links about some law firms planning a class action lawsuit to dispute this. This is still not an issue because most people get their EAD's within 90 days, but you can almost bet your bottom dollar that there will be a hue and cry( read class action lawsuit ) if the first time EAD's get delayed more than 90 days because of administrative delays for reasons such as backlog.





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  • StarSun
    05-13 09:48 AM
    IV encourages members from every state to participate in the advocacy days - meeting with the legislators on both the Senate and House side on June 7th and 8th; with the training being on June 6th.

    It is also possible for members who are unable to make it to DC on those days to still be a part of the effort. Please pledge your support by donating for air tickets or hotel stay. Few members have offered their miles to be used for air tickets, and many of our VA, DC, MD members have opened up their homes for out of town IV members. We need more offers to cover all the costs.

    Some members are also driving from OH, PA, NJ, NY, NC.... If you could also post on this thread, we can get members to carpool and thereby share costs.

    Please make your pledges known either to your state chapter leaders or on this thread, and we will be contacting you on your offers.

    Lets make this a successful effort on all fronts.



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  • alterego
    07-21 03:44 PM
    There are a few points to be made here.
    First, there are many procedural votes and we are not always privy to the happenings behind the scenes. This was alluded to in other places.
    Secondly, although it was defeated, there was a healthy simple majority and this augurs well for any reconciliation process.
    Finally, any impetus for immigration provisions are likely to emerge form the house side, who have been seeing our plight up close. There are likley to be some behind the scenes arrangements made and the final agreement may look slightly different. For example getting Sen. Durbin's support by getting in the H1b restrictions will get the support of some more Democratic members, they could then proceed with the favourable provisions. All said however, it is likley they wil do this as a rider to some bill rather than in the glare of the public as a stand alone bill.
    I just hope the staunch CIR folks, become a little more pragmatic and stop being a hindrance, and stop holding legal immigrants hostage to their issues. They after all call themselves pro-immigrant, right? Ironically convincing them of that seems to be our most difficult hurdle.





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  • jonty_11
    06-28 12:26 PM
    makes sense...they are expecting alot of 140/485 combine filings in July and by issuing this bulletin they have stopped people from filing 140 in PP





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  • maverick6993
    03-27 12:01 PM
    I dont know but i am sure talking to him wont harm. Also i had read about a guy who started a company and was stuck in India because of H1 stamping delays. I am searching for the article.





    aznj123
    05-13 01:15 PM
    They should have some logic regarding PD's (INDIA).

    EB1 - Current
    EB2 - April 2004 (4 YEARS Between 1 & 2)
    EB3 - November 2001 (2.5 YEARS Between 2 & 3)

    Why there is so much diff between each category.

    AZNJ123





    irrational
    07-03 02:23 PM
    I put them in a thin plastic bag my photographer gave me and used a clip to put all documents together

    You can also take a screenshot and email it to yourself.


    You can do it, you have the option to save the documents as pdf. From what I read from other users, sometimes USCIS website hangs and then you can request (by sending an e-mail) for the pdfs to be e-mailed to you. In either case I would recommend to use a PC with printer, it's more convenient.

    You can also take a screenshot and email it to yourself.



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