Monday, June 27, 2011

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  • Berkeleybee
    05-30 02:31 PM
    As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

    That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

    Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

    It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

    Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

    If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions on AC-21 portability, these will save so many lives from being trapped.

    These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

    Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.

    Asian,

    Not sure what you are getting at here.

    The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
    Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

    Berkeleybee





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  • gc_check
    07-02 12:04 PM
    This is ridiculous. Lots of stress for most guys and even bad for members you had their vacation cut short and returned to US for applying AOS. At least I know one friend who had his family return from India. Only thing is we all have the required documents ready to go and the medical is valid for a year, and if and (IF) the date�s moves forward in October, we can still use the same.

    Anyway, we got to deal with this and use this opportunity to educate people on this and may be we need to start a fax campaign and send to congress and the government agencies and emphasize on the necessity to recapture the unused visa from past and find a way to be able to apply for I-485 while the visa numbers are not available, which could be the only option that would alleviate many issues for the members stuck in retrogression. This is not happend with any intervention from Congress, which requires lots of lobbying and money.

    Hope we at IV can do something and get some assit from competeamerica, etc... to do something about this.





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  • anilsal
    01-01 02:37 AM
    Some of us went through the backlog centres of labor that took 24+ months. So we all understand the trauma associated with the wait. :(





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  • gbof
    10-15 02:01 PM
    Anybody having experienced RFE after rfe.

    I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts



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  • veni001
    02-07 08:11 PM
    Could you please advise how do I get the lawyer for this ? Do you know any in specific?

    There are lot of attorney Ad's on this web site, you can check with any one of them!





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  • imh1b
    05-19 09:37 AM
    Good to find Immigration Voice name in this article.



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  • VivekAhuja
    09-29 01:53 PM
    You cannot get reimmbursed or file a claim. You can but will not get $$ back.





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  • payal_nag
    10-25 02:57 PM
    my husband's I-140 just got approved in a week's time. We were still waiting for the receipt number, instead the lawyer said she had received the approval paperwork!



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  • AreWeThereYet
    10-28 11:29 AM
    You may get your green card with out giving a new set of finger prints. Sometimes, you will get the green card first and then they ask you to give the finger prints if necessary.

    In my case, I didn't have to give FP for receiving the physical cards.

    Hi All,

    After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.

    However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

    following is the current status in the online status of my 485:


    Post Decision Activity

    On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.





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  • pappu
    06-12 05:27 PM
    Under current scenario, How we (IV) can request to Fix issues of Legal Immigrants first before illegal immigrants (CIR)?

    Check my detailed post on another thread



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  • drak70
    04-09 05:27 PM
    This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.



    My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person

    http://www.usvi.net/us-ins/html/2travel_back_....html

    Traveling Back to Puerto Rico and the Continental United States

    Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
    .





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  • GCwaitforever
    06-20 03:13 PM
    The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.



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  • uimv
    03-14 12:08 PM
    Incorrect!
    I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

    Read for yourself -
    http://www.uscis.gov/files/article/E1eng.pdf
    [From the pdf link]
    Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.

    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.





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  • myuname
    06-18 11:14 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,



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  • Steven-T
    February 23rd, 2004, 07:48 AM
    That's why I only buy from B&H when there is no otehr choice.
    Not this case, not yet.





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  • Beemar
    10-01 11:47 PM
    ... If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don’t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)

    Now now, you don't have to be so sarcastic, do you? Our career in America is a purely economic venture. It is beneficial to both us and USA. We get good money working here and US gets skilled labor for its labor starved hi-tech industry. After all US does invite us to work here by giving us work visa, isn't it. Do you think US will be churning out work visas if they can find sufficient US citizens tech workers? So pal, its all business, nothing personal. You don't have to make snide remarks on your motherland in order to justify your stay in US.



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  • meridiani.planum
    07-09 01:08 AM
    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?

    Until you have the approval letter in the mail from USCIS or the physical card, they should be able to accept the EAD, as far as they are concerned its still a valid work document (all that has changed is an online status right).

    Otherwise just wait a couple of weeks, you will hopefully have the GC in hand.





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  • yetanotherguyinline
    03-23 03:49 PM
    Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.





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  • Phat7
    10-06 08:38 AM
    Can I vote for myself? :trout:





    dpp
    10-18 01:13 PM
    He Leo. You are great. Thanks a lot. It appears that they have my fp when I applied previosly for security clearnace. or Port of Entry.

    Thanks
    REQUIRE_GC

    When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.





    txh1b
    09-14 12:16 PM
    Case 2:

    I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
    But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.

    1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
    2. EAD/AP based on filing of case 2 is invalid.
    3. Depends on what you are working on? H1b? EAD?



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