Friday, June 17, 2011

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  • vine93
    05-01 03:33 PM
    1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.

    2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.

    3. Let Join hands together and follow the HSMP people did in UK.

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  • khukubindu
    01-03 12:33 PM
    We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.

    I need to travel in January. Does anyone has the same situation ? Has anyone have any idea about what type of background check they are doing and how long it will take to complete ?

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  • iak1973
    09-07 10:54 AM

    Landed in 2006;
    Changed my company in 2007 to company B
    Filed my Labor in Sept 2007;
    Filed my I-140 in sometime in July cleared
    Waiting for dates.


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  • gclabor07
    07-11 10:52 AM

    Congrats to all those who are current. I'm keeping my fingers crossed for my chance to file I-485. It would really benefit the rest of us who missed the last July 07 boat.


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  • ilikekilo
    07-24 11:47 AM
    my own guess..with all these random approvals and stuff happening i am guessing that the PD for eb3 india would be in late 2003 (dec 2003) or early 2004 like jan/feb 2004...

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  • GCVir
    07-28 08:36 PM
    Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
    (1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.

    (A) Priority date : Nov, 2005
    (B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
    (C) I-140 pending period : One month (too fast where it was not a help!)
    (I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
    (D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
    (E) DOB of son : 3/30/1986
    (F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
    (G) Date to be considered for determining the age for filing I-485 : 6/1/2007
    (since the monthly bulletin is released on 6/12/2007)
    (H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
    (I) Benefit from CSPA :(I-140) pending days (C) : 1 month
    (J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
    (2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?

    (3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.

    (4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).

    (5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.

    Sorry for the long note � I thought the complexity of the issue needs it.

    Thx GCVir


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  • chanduv23
    09-10 10:01 AM
    They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..

    Not quite true - this is done at 140 not 485

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  • gctest
    09-15 11:30 AM
    keep supporting EB3 porting .. you wil then get your GC in 7 years

    If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.

    I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.

    I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.

    Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.

    Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p

    Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:

    YOu never know what rules will change in future. :confused:


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  • GCwaitforever
    01-13 04:19 PM
    Still waiting for labor clearance.

    Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)

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  • NKR
    06-26 08:18 AM
    I'm sure you meant "Loss and loose have different meaning" ! .

    Good catch :). I was losing patience waiting for the elusive green card and now I think I am losing my mind too.


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  • eb3_nepa
    07-14 03:42 PM

    Done contributing or updating your signature :)?

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  • jthomas
    03-18 11:46 AM
    mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)

    I understand your point. How about we group everybody who won't be eligible for tax rebate this year and then write letters/fax to law makers, and others working in that area.
    That should make our Highly skilled immigrant community visible. Newspaper editors are always in a look out for new articles. Why don't we make an article and give it to all our local newspaper editors.


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  • lonedesi
    06-18 12:43 PM
    I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.

    Is this a PERM application or the labor application at one of the BEC's? Please let us know.

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  • pointlesswait
    12-11 09:25 AM
    There are so many who missed the July 07...

    we should try to seek temporary relief..allowing to file for 485 even without PD veing current.

    CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....

    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....


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  • conundrum
    03-12 03:54 PM
    As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.

    I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.

    I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.

    I know I am out of the rat race, so if you think I am being patronizing, my apologies.

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  • austingc
    05-14 10:06 AM

    BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them


    Do not worry, that is one of their procedures. They just go by the rules and documentation set by the underwritter. If you have your valid EAD and explain to them that you are currently on AOS status then it should be fine. If they said that we can not provide your loan because your I-94 is expiring soon, then just let me know and I will send you the loan officer's contact name that I dealt with.


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  • Green.Tech
    06-19 03:25 PM
    Stay on top!

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  • Xipe Totec
    04-25 12:37 PM
    This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.

    Not if the law would say "...currently holding an H1B status" ;)

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  • GCBy3000
    07-24 06:07 PM
    This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.

    Per country quota is not applicable based on AC21 rule when it is current for every one. This is what happened due to the July visa bulletin fiasco. As they are honouring that bulletin, they are also forced to approve across all country

    08-05 11:04 AM
    I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.

    Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.

    Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
    Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.

    07-17 11:42 PM
    receipt date if your PD is current.

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