Thursday, June 16, 2011

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  • bigboy007
    06-11 01:35 PM
    If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

    This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

    So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
    So hitting YES you are going to convey you are bold and ready to leave the country middle of this night with your kids leaving studies ? what is your profile though are you really an Prospective immigrant i doubt it.





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  • rustum
    08-21 12:03 AM
    Hi,
    My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2.





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  • Refugee_New
    02-21 11:03 AM
    My co-worker tried that and now has 3 RFE's to respond to.
    Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
    Be very careful-

    This is what happend in my case. I converted my EB3 PD to EB2 PD.

    My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006

    I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.

    My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2

    So if you have a right reason then porting PD shouldn't be a problem.





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  • sc3
    10-16 06:05 PM
    What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people’s answers.


    I havent twisted anyone's answers. When you (and others) say "reacted" you mean that they are intentionally shafting you in some way. Do you dispute that? Why is the very first response to this idea something to the tune of "..and see the cutoff go back to ice ages". It clearly shows that people are saying USCIS will "revolt" against you (not necessarily in as many words).


    That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.

    Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn’t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.


    Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?



    Let's see here; I don't need to know why you did not apply earlier, that is your personal matter. But answer me this.

    I have a PD of late 2002 (EB3), and haven't been able to apply due to personal reasons. Now when the PD becomes current. I apply and the following bulletin further advances the PD. Do you think that I should be given preference over someone who had no personal obligations and applied in 2007, that is to say, should the entire system be ground to a halt because I am a late filer?


    Now put yourself in the earlier RD's applicant? What will be your answer? Do you think someone who delays for personal reason be given a free pass just because he has an earlier PD??

    I know you dont want to hear it, but the current system of RD based processing is a good system. Your grouse probably is that they advanced the PDs so much further when there was enough demand from earlier PDs. If you argue on that premise, I will be very supportive. But I am insensitive to "I have an earlier PD, so I should get my GC first".

    PD has its place in the system, however it does not play a role in processing order.






    Just because I said USCIS is doing something wrong (not following processing order..) doesn’t mean I said that DOS did something right.. you keep assuming things..


    You were blaming USCIS for the Perm/BEC debacle, I did not assume anything you haven't already said.


    Again you are running your imagination wild, who blamed all the other things on USCIS?..

    I guess your computer has a bug, it is not showing the winkies and the smiles properly. Get a technician to look at it.


    Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching….

    I was responding to "bec", and you ended up debating the issue by supporting the idea that USCIS retaliated because of the July 07. I guess that makes it fair play for people to assume that you are against the original idea. I you consider it to be overreaching to make such connection, I apologize for that.



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  • priderock
    06-30 11:41 PM
    Although our endeavor should be to make USCIS accept applications through out July , In my opinion We should be willing to accept any compromise cut off date for accepting applications. Say for example two weeks from Jul1 or 1 week from Jul 1st etc. (Worst case being cases received until revised dates are published). I know some of them might not get their applications through in first two weeks , but I think it is better than alternative (Which is no one gets through)




    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team





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  • sheela
    07-30 06:21 AM
    Funny, I got a red dot too and with a similar comment - apparently a simple question early on about the relevance of this thread rubbed someone the wrong way (maybe he slipped head-first from his bed today morning).

    Just curious: How can we see if someone gave a green / red dot unless it reflects on reputation. StuckInMuck and Cygent or anyone in the forum can you let people know.
    BTW: the issue discussed in this thread is irrelevant to IV agenda.



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  • rajuram
    01-26 02:23 AM
    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.





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  • Googler
    02-20 02:54 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:

    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.

    But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.

    I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.



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  • sledge_hammer
    10-21 10:28 AM
    John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
    You are trying to steer the argument away from the real issue at hand. Who cares if McCain cannot use a computer/code Java/query an RDBMS!!! That's not what he is expected to do being the President. He needs to make policies and make decisions about good vs bad policies. Yes, there are people that will take his message and put it on the website for him. What's worng with that?

    Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
    His action plan has been clearly stated on the website. What more plan to you expect out of him? What has Obama planned for you and me?????

    Just like a hooker ad on the freeway?
    A hooker ad on a freeway? That's the best analogy you can come up with? I didn't know hookers these days made promises to give you a green card in addition to turning tricks. You must be picking them up at the wrong freeway?!?!





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  • kutra
    07-21 10:03 AM
    once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.

    IMO a simple case would be someone who:
    - has never changed employers
    - was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
    - was never denied any application (change of status / entry to US)
    - has clear medical records
    - has clear documents related to birth certificate

    Complicated cases are when:
    - someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
    - some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.

    You are correct. Unfortuantely, they are not looking for these "ripe" or "low hanging fruits" cases in a FIFO order. It can be highly exasperating when a "ripe" case with a March 2006 PD gets approved when "ripe" cases with PDs earlier than 2003 are languishing! That really makes the whole system even more unjust.



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  • feedfront
    09-17 03:37 PM
    When they issue RFE, does the case status online shows Card/Document production?.

    My online status still shows 'Request For Evidence'. In one way, it is less disturbing than yours. Good Luck!





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  • shiva7
    02-13 10:21 PM
    If we think about the motive behind this I don't see any reason to believe that it's ethnic cleansing. They want to help Americans but not to punish H1-B workers. It maybe fair to not to hire H1-B or fire H1-B. May be they believe that they could help themselves without any foreign worker. But it is not fair to delay Green cards to those who filed for green cards.Because we went through all the legal processes, spent time, spent money and so on...
    :(



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  • pbojja
    12-11 10:17 AM
    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .

    Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .

    Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .

    I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..





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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351



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  • rajarao
    10-21 12:29 PM
    I sent mine yesterday. Do we get an acknowledgement and a number after this?.





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  • cestmoi
    01-11 10:44 PM
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?



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  • shreekhand
    08-16 02:53 PM
    There is no injustice in the VB...just a higher demand from EB3.

    If there is any injustice then it is with the present per country limits without regard to the demand and skills that emanate from a country.

    It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?





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  • vbkris77
    06-11 01:42 PM
    I just want to Thank you for your passion on this subject. Can we think of this from another angle where we approach politicians from our respective countries for a counter trade restrictive bills to make things apples to apples? Just a thought!!!

    Look I don't want to say this to you but I am left with no choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.

    Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?





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  • xlr8r
    06-11 08:55 AM
    Done.





    k_ek
    11-22 12:36 PM
    Hi guys
    my question is same as in the previous post of Arun.
    I wanted to know if the I 140 was approoved from previous employer and if u change the job and restart the gc again can u stiil use the old I 140 prority dates(even if the previous employer revoked the old I140).
    thanx
    kek





    gimmegc
    07-13 08:36 PM
    Lucky you, you might start seeing LUDs on you case by the end of this month. If you do please send me a message.
    Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.

    My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..

    Thanks, I will keep you posted. My PD is Nov 04 and I am hopeful that something good is gonna come out of this one......



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