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  • chanduv23
    07-31 01:27 PM
    The document was published on April 30th 2008 , its a year old document means nothing at this moment of time.

    I agree that "something to do with economy" is a rumor.





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  • anandrajesh
    05-11 11:59 AM
    Having seen so many stunts in the last 6 mos or so, i am hoping this one is for real. Let us wait and see.





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  • map_boiler
    07-06 11:03 AM
    What kind of charges may be filed under the following points?

    1. Processing and approving 60K I-485's in 2-weeks (12 times normal speed) just to avoid the flood of applications in July, when you consider that their typical speed is around 10K/month. 25K applications were approved in just 2-days (37.5 times normal speed) over the last weekend.

    2. USCIS requested visa numbers for cases where FBI background check was not completed. In other words, they requested numbers before processing could be completed for those cases and I-485s could be approved. Serious issue of lapse of national security here.

    3. USCIS apparently approved I-485's of some people whose dates were not even current in June, even if their FBI check had been completed and I-485 otherwise ready for approval.

    4. USCIS apparently approved I-485's of some people in July after DOS published the updated visa buletin on July 2nd advising that all visa numbers were exhausted for FY 2007.

    Any other points, and possible charges in the lawsuit using those points?





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  • casinoroyale
    06-25 05:30 PM
    1)Now a days AP renewal is taking 6 months


    Which service center? Guys, is this the normal trend? I guess the processing times webpage is showing ~ 3 months.

    It looks like not many people are applying for AP renewals, this is simply my observation based on traffic on this topic in IV.



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  • ivslave
    09-11 04:11 PM
    I am thinking of buying a home without waiting for GC approval. I am EB3 I with PD 2006. No hopes of GC in near future. Just want to see the trend....

    Please vote yes if your GC is pending and you own a house.
    Please vote no if your GC is pending and you are renting.





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  • shimul99
    10-25 03:51 PM
    I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.

    Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....


    Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.

    1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
    his signature). Now if his file is in BEC this would not have happened so it is
    safe to assume that either he might have used substitution labor OR his file
    is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
    period there were lot many software glitches in the PERM system so many
    lawyers were almost hesitant to file under PERM. But assuming that his
    lawyer took decision to file under PERM, end to end process was almost 4
    months for PERM so either his file was reached before Feb 06 then only he
    could have labor approval in May 06. So there is definately something
    wrong there.

    2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
    (His signature)?

    Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.



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  • diptam
    02-02 01:06 PM
    I'm also going to do a FOIA request for my I-140 that got approved in Jan 08. Employer is saying its their petition and they wont share it. I'm not going into argument because they revoke it now - The Legal Immigration system is too weak and too much lopsided to a "employer" rather than on the "individual employee"

    I know during a PD porting to another AC21 employer this approval notice is sufficient even if the I-140 is revoked but my doubt is if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??


    rsn75,

    Thanks for providing link for FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD). I requested I-140 Approval Notice. My status shows 'Your request is currently number 3869 of 5790 pending requests in Track One.'





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  • chanduv23
    09-22 09:31 PM
    Chanduv23,
    Thanks again for being ever so helpful. That being said, can you please share your thoughts on the following situation?

    140 approved, 485 pending for more than 180 days, EAD/AP approved, and in hand.

    Candidate leaves sponsoring employer and joins another employer (similar position/salary, etc.) New employer's attorneys send the AC21 letter and G-28 forms to the USCIS. The attorneys are very familiar with this, have handled lots of AC21 cases (Fragomen).

    Is there any way the candidate can call USCIS customer service and ask for the attorney/representative's name on file, just to make sure that the G28 did get processed and the attorney name on file got changed from the old law firm to the new one? Would customer service share that information with the candidate?

    Thanks,

    Yes and no. It depends on the customer service representative or if you take infopass, it depends on the VO. You generally know when your Attorney files for G 28 because you actually sign the G 28. G 28 is like any other form like 485 or EAD or AP etc... so if your 485 and 140 and h1b everything gets filed properly why do you think g 28 does not get filed properly?

    Try to be very pleasing and polite to a CS rep or a VO and try to get the info, they may let you know your Attorney on file.

    Good luck



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  • bitzbytz
    06-25 12:14 AM
    My wife does not ahve paystubs from Oct 06 to Dec 06 and no W2 for year 2006. SO I would need a absence letter. Any for mat of letter would be appreciated.


    We have paystubs from jan 07 to Jun 07 and plan to leave in July after filing 485 and plan to re enter in August using unexpired H4 visa.

    I know of someone who used unexpired H4 visa inspite of being on H1 before leaving US


    Any issues with above scenario?





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  • jsb
    08-03 04:27 PM
    What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
    EB2 - I
    PD: Jul 2004

    While everything appears at USCIS to work randomly, but there is some order. They claim, and also follow, that they process application in order they receive. "Process" means to open a case the first time, and order they "receive" means when a center enters a case data in the system (this date is close to ND). Until this point, PD has no role to play. Described processes work well for non-retrogressed cases (for countries other than India, China, etc.). If a case is opened, and its all in order to clear except the visa availability, it is called preadjudication. Procedures described (see link below, although they may have changed since), state that once case is preadjudicated, they should be ordered in PD sequence for further work.

    http://www.ilw.com/seminars/august2002_citation2b.pdf

    Of course, if there is nothing preadjudicated, cases will go in sequence of "received date", which is close to ND, as PD is not even recorded in the system anywhere until a case file is opened.



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  • h1techSlave
    01-23 01:02 PM
    With your 485 application packet, you need to attach proof of your 140 application.

    You can switch to EAD after you get EAD (which may or may not happen within 6 months of applying for 485 and EAD). 6 months after you apply for 485, you can switch employer with out negative consequences to your 485.

    Disclaimer: Any thing and every thing related to USCIS is like gambling.

    I hope they do that ..
    Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?

    I will be completing my 9 yrs for H1 in Jan 2010...;)





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  • kittu1991
    08-27 05:22 PM
    I got a 2nd FP notice for 485. I will be current next month. I also applied for AP last month, which got approved yesterday. Not sure if AP application triggerred the FP notice or if there is a chance I can get approved next month??

    I got a FP notice for next month. It is certainly not related to AP or EAD renewal, since I don't have any pending AP or EAD renewal. I got my EAD renewed last March and AP in May. So hoping that I got the FP notice since they started looking at my 485 application and something positive will be end result.


    Good luck.



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  • venky08
    10-24 05:31 PM
    no-it is something else....attitude of positive expectancy... ;)

    often times i have noticed that the blissfully ignorant GC applicants come better off than rest of us- who act like chicken with the head cut off after every bad news!!! may be they dont worry too much and look at it from a whole another perspective...who knows...i wish i could be one of those, but i am too far in the game...damage is already done...:D

    Yep, It is luck nothing else...





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  • dummgelauft
    03-17 11:35 AM
    Call yourself a shoplifter, but you are really a petty criminal. You have yourself proved so by pleading guilty.
    I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
    Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
    Other than that, no excuse.



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  • for_gc
    06-23 04:10 PM
    And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
    You could also use some cheaper USPS option. as long as it has some delivery confirmation.
    The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
    Ha Ha.

    Hi dilip,

    Where do we get the A# from ?





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  • bluekayal
    10-17 11:17 AM
    Gave in and sent PP by Fedex yesterday for Schedule A, grp 2 case.My attorney did not advise me to PP nor did a legally brain I turn to for advice. He said its likely that I would get approved even during retrogression.
    But I decided its better to know sooner than later, preferably before spouse started using EAD, and if a miracle happens (who can prevent miracles?) the 485 could also get approved concurrently with the 140.... And because I have 13 days more before retrogression hits. And because I saw people reportiing really qiuck turn around after PP. My employer was willing to pay half as well...

    Well plus I did not want to be stuck in the general EB2 pool (India) which looks like its a black hole. I have an approved labor from 2004 there.(yet to file 140 for that one)..so didn't see a reason to be stuck there with a 2006 PD.

    I still wonder if my reasons were sane and if my hasty action mght prevent my spouse from working -- if the 140 gets denied...Well, we'll take it as it comes..it may mean goodbye to the US or something..

    BTW as far as I know, retrogression doesn't start till November 1st.

    Bluekayal



    Bluekayal

    I had all paper work ready for PP and were sent to my Lawyer for premium processing of my Sch. A case. But retrogession occured that night in Nov. visa bulletin. So my lawyer advised me that it is not advantageous to go for it unless your date is current. So we did not filed it.

    As I remeber you were not ready for premium process. Any reason or justification for rethinking your decision? let me know if you can outline some advatage of PP of Sch. A at this point, or have seen some cases which enjoyed some advantage due to PP very recently.



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  • logiclife
    02-01 06:05 PM
    HAs anyone seen this.
    How is this going to effect our efforts for lobbying

    Check this out
    http://news.yahoo.com/s/ap/20060201/ap_on_go_co/lobbying_ethics


    ---
    Sunil

    The rule passed applies mainly to former members of congress who now work as lobbyist. The rule says that those lobbyists, who used to be members of congress(senate or house) cannot go to house floor or the house Gym.

    This does not affect our efforts due to many reasons:

    1. House floor and house Gym is not the exclusive place for lobbying. Lobbying can be done at a lot of places in Washington DC besides the house floor or the Gym of the house. This rule is only lip-service really. It serves one purpose: after the abramoff scandal, you will not see lobbyist of the ex-congressman variety physically present in the house floor or the house gym lifting weights with the congressmen.

    2. Lobbying - the legwork and logistics - happens mostly at the staff level. The top guys only establish initial working relationship. The rest of the work happens between the staff of the lobbyist and the staff of the congress member.

    3. None of the firms we are talking to are tainted by the Abramoff scandal. The ones that were tainted are already closed anyways.

    4. This rule or that rule is not going to slow down the business of lobbying significantly. Its is nature of Washington DC. Its not going anywhere. These rules will only prevent congress members from accepting gifts and freebies from lobbyist. And actually that's a good thing.





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  • gonecrazyonh4
    05-24 04:44 PM
    I totally agree with Arunmohan- We H4's are not considered basic human beings here, we are not allowed to work ,may of us experience difficulty in getting a drivers license, we cannot have an independent bank account- literally we are considered as without life. I do wish I came in here illegally, at least i see hope for illegals in these bills - what do H4 Visa holders have to wait for !!!

    Hello ,
    yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
    i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
    For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
    Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
    And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.





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  • JulyFiler
    09-22 10:53 PM
    And this is the message "Wakup and Be Positive - Ok, PLEASE show your talent - WHAT CAN U DO"..

    lets not go to talent yet.. lets be grown ups first.





    gc101
    07-19 02:34 PM
    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance


    If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!

    gunsnkars/raj2078 or anybody,

    Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.

    Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.

    Please remember that my fiancee is already on H1-B currently in India. I am from India too.

    Thank you,
    gc101





    qualified_trash
    10-10 03:44 PM
    I am sorry but there is no prediction on this thread is there? The link to the Visa bulletin is factual information and the comments are just dicsussing the facts at hand.



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