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  • qvadis
    08-22 03:09 AM
    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006.

    The law comes actually down to the following two rules:
    (1) horizontal spill if visas available
    (2) vertical spill for visas not required

    The language in (2) is much stronger. A visa number that is still available cannot be required at the same time. So one could argue that DOS is now misinterpreting the law.





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  • buddyinsd
    09-22 01:47 AM
    What Pappu says is right. Ppl have been so impatient that they're bombarding USCIS with SRs, emails, letters from attorneys, Infopass etc..etc...etc...I understand the anxiety but isnt this a bit 2 much? I was no exception to this. I raised an SR on the very first day my date got current and on trying to followup on the SR the very next week, I stumbled upon a clearly tired second level IO who didn't like the way I was pushing for it. He clearly explained to me that there was no need to worry as the dates were current and everyone who was current and cleared of security would be approved as there were several visa numbers available and he also told me that there have been thousands of calls received everyday and its becoming really hard for them to handle the situation. I could see how tired and frustrated he was. I immediately understood their plight and just waited without any further action and within a span of 15 days after that call, I got my approval. My attorney also advised me to wait as he was sure the dates were gonna be current the next month as well and followups would only result in delays.

    Well I'm not saying its wrong to be anxious. Ofcourse, its an important milestone, one that secures our future in this country and yes, its only natural to be anxious. But being anxious doesn't mean that by calling or emailing or Ombudsman etc...ur case will be approved. Try and put yourselves in the IO's shoes as well. For a moment think what it wud be like to be an USCIS first lvl/second lvl IO receiving the same call every minute from a diff person and each one trying to reach the second lvl IO with lies such as my A# on file is diff than the one on 140 OR address change etc...etc...This is ridiculous. After years of wait we resort to such shameful behavior towards the end.

    Yes when others with later PDs are getting approved and u r still waiting, it does bring out frustration in u. But u should also put in thought as to why that could be. Maybe one of the security checks in ur case is awaited or maybe ur file is on some table waiting to be picked up etc...I was venting out my anger and frustration during my wait on this forum and ppl were only asking me to do that, do this blah blah blah. I just waited nevertheless as I knew the moment I spoke with the IO that there was really no point in following up as cases were getting approved and USCIS was definitely WORKING as hard as they could (even on weekends) to clear all current cases.

    There was one dumb idiot who called and spoke to the second level IO (per his own words "just to confirm") even after getting the CPO email. I mean how foolish and idiotic is that. Check this out...I'm not kidding:http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1600323-conflicting-info-cpo-email-but-485-pending.html

    Guys, just trust USCIS now that they've been approving left and right before u login to ur email to followup or pick up ur phone to check ur status. EB2 has not moved ahead for the Oct bulletin but ppl who were current from July will still be current in Oct. What does that mean??? It simply means that USCIS is hell bent on clearing all the cases which have been current since July and my best guess is until the last of the "current" cases has been approved, the dates will be not be retrogressed.

    i understand everybit you explained here but your missing human anxiousness whether it is GC or OC(no meaning) people willnot stop doing enquiry i think you might did to and being hypocritic that everyone is anxious about doing so the explaination looks like your working in uscis customer care and taking care of all this everyone knows that uscis doesnot only deals GC and not only we are calling them
    take it easy brother





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  • intbuz
    08-19 02:37 PM
    Yes. Indeed you are approved..Congrats.
    thanks Anil





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  • goel_ar
    04-06 06:16 PM
    This needs to be advertised on the forums here or on the home page. Most people don't know what IV's expenses are.
    A generic breakdown of costs, without going into specifics, would help members understand the expenses and provide some transparency.
    It may even motivate new members to contribute more :)
    I completely agree !!!



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  • pappu
    06-20 04:05 PM
    There have been members on forums trying to find answers to common questions. Here are some answers and tips from Susan Henner

    http://www.susanhenner.com/firmprofile.jsp

    ====================================

    Question: multiple filing of I485 if both husband and wife have I140 approved.
    As far as I know a person can and should only file 1 adjustment of
    status
    application. You can not be a double adjustment applicant! So choose
    the
    one with the 'more current' or older priority date as we expect some
    retrogression in up-coming months. This may go by the numbers and
    dates.
    So you want to use the oldest date possible.

    If a person uses one of his I-140s and the adjustment is for some
    reason
    denied, it appears that there is no reason why they can not then
    re-apply
    for adjustment using the other approved I-140 providing all the
    requirements
    are met under the petition.

    My other advice concerns the fact that the filing fees are increasing
    on
    July 30th. This means every case should be filed by July 29th to avoid
    any
    increase. This really only gives people between July 1 and July 29 to
    file
    cases. So it will be a big rush.

    I also recommend scheduling physician appointments ASAP. I am told
    that
    many INS physicians are extremely backlogged due to the visa
    availability
    now.
    =========================
    If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.





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  • chanduv23
    08-05 11:34 PM
    Why has AILA not yet filed a class action lawsuit? Why have no lawyers filed a lawsuit on behalf of the entire community?
    Let us ask thiis question to all our lawyers and ask them to communicate to AILA? Speeding up namechecks will truly help immigrants and will annony employers who want to keep us waiting as long as possible.

    This is an open question to all lawyers reading this post. If you can file such a lawsuit, it will be a big help to this community and you will prove to us that you truely care for our cause.

    U kidding??? Very few lawyers go out of the way to do something to further our cause.



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  • pitha
    09-26 10:38 AM
    cir failed because the senate did not have a filibuster proof majority (60) to pass cir. This time the democrats are expected to gain 4 to 5 seats in the senate, that will take there majority to 54 or 55 from the current 50 (49 +liberman). With a majority of 54 or 55 the filibuster will not happen again in senate and cir will pass in the senate.

    The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.

    to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc,durbin wants to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir

    These are a list of bad things that were in cir and will be in durbin cir

    -DId cir have stem exemption? answer no
    -Did cir have visa recapture? answer no
    -Did cir increase the eb quota to reduce the backlog? answer no
    -Did cir exempt the existing EB applicants from the new "points based
    system", answer this seems to be a gray area, no clear answer (there is a
    debate about this)
    -Did cir have draconian restrictions on H1, answer yes
    if there are any more nagatives please add to the list.

    guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.





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  • makemygc
    01-24 10:27 PM
    Not only the laptop but all your personal items such as purse, camera etc. BOYCOTT UK. These people are racist.

    In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.

    Boycott UK!!



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  • krupa
    04-24 03:24 PM
    The new bill introduced makes tough for employers to file new H1B petitions and does not prohibit hiring of existing H1B or EAD candidates.
    If greater than 50% of thier total strenghth of employess are H1B visa holders , then they can not file for any new/ fresh H1B petition.





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  • newuser
    07-11 07:10 AM
    Don't forget to leave a thank you note.

    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?hpid=moreheadlines

    The page does have the picture of the flowers

    Karthik



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  • optimystic
    03-24 03:43 PM
    -------------------------------------
    Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
    -------------------------------------

    It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:

    Good to know. As to who should be responsible to educate the employers....there's no doubt in my mind ! It should be us - prospective employees - applying for job. If we don't raise the issue, then who else will do it for us !!!

    People can follow a polite plan of action for such questions...
    - Be aware of the law
    - Be prepared to respond back politely - giving the bare minimum info that would be sufficient
    - Point politely to the law during interviews if pressed hard to divulge details.
    - If you see the interview going no where, without having to divulge the details, then at that point its a matter of consience....If you had EAD with enough validity, and you think/guess, that the employer is only concerned with people with soon expiring EADs, and if you want the job bad, then may be you can give it a shot and divulge your details. But as much as possible one should shirk the issue politely until you pass the interview process and they are ready to hire... Divulging at that point is beneficial since you know if you get rejected at the point, it was purely because of EAD issue and can take them for a task. If you divulged too early then they could hide behind other reasons for not hiring you.....(unless the employer is CapitolOne, and the HR guy sends out an email blatantly providing proof of discrimination and leaving themselves at your mercy to be sued :) )





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  • gc_hopful
    05-25 12:32 PM
    Hi Gurus,
    I need some help with my situation:
    After 5 years of waiting, my Labor got finally aproved thru Dallas BEC(EB3, RIR, PD: Oct'02). But my wife is in India on vacation and as per original plan will return middle of August.
    1. What are my options so I can take advantage of the PD being current for me?
    2. can I apply for I-140 and I-485 and then apply her I-485 when she returns?

    Thanks.
    gc_hopful



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  • pappu
    01-08 09:49 AM
    Thank you yabadaba For those wanting to personalize it a little bit.


    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20510

    Dear Mr. President:

    I write today to urge you to fix America�s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America�s competitiveness, eliminate bureaucratic inefficiencies, and improve our quality of life.

    <insert personal blurb here>

    Attracting and retaining the best and brightest minds from around the world is in America�s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:

    �The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.�

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.

    Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department�s mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs � even within the same employer � without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.

    � Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    � Revise the administrative definition of �same or similar� to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    � Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    � Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    � Allow visa revalidation in the United States.

    � Reinstate premium processing of Immigrant Petitions.

    I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,





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  • seekerofpeace
    10-07 12:19 AM
    gbof,
    I resent it to your hotmail account the one that you gave. Let me know
    SoP



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  • felix31
    06-27 04:12 PM
    you can write ITIN number ( lawyer says so )

    are you sure?

    ITINs purpose is to ONLY put it when filing taxes. And all forms clearly ask for SSN# SO I dont think your lawyer is advising correctly.

    ITIN cannot be used for anything other than filing taxes.





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  • Devils_Advocate
    03-10 09:27 AM
    I strongly support this thread and the message. Lets make an action plan how to pursue this.

    Devils_Advocate: I know your type. But you must also understand that unless the line in front of you is cleared, you and I will go down the drain. You are talking about EAD. I dont even have that, yet I support this.
    Your thinking appears narrow minded. Wake up.

    Dont give me that BS ok, if you know my type then i know your "type" as well. FYI i dont have an EAD as yet either, and Mr YOU need to wake up, if you actually think US Govt will skip your full GC step and give you citizenship in this environment where they are deporting valid H1B holders from the POE then my friend you are nothing less than insane, nobody gives a sh*t about us right now, if you're so over your head and fail to realize that then go ahead i wish you all the best.

    I sincerely request you to promise us that you will stand for public office when they give you your "expedited citizenship" and change some rules for the benefit of all of us.:)



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  • docusmle
    05-22 12:34 PM
    Thanks.





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  • vkrishn
    08-16 12:26 PM
    Gurus and "New" Permanent Residents,
    Did any one send a streamline email to NSC and did any get a better response then the "automatic script" response that you get from NSC?

    If you did get a positive response then can you share on what exactly you had in the content of the email?

    Thanks.





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  • pani_6
    05-27 07:06 PM
    After Filing for AOS and EAD/AP..what would you expect next..call for FP??..





    chandrajp
    04-20 11:36 AM
    I applied for EAD on 03/22 online and the service center is Nebraska. My current one expires on 07/07. I applied exactly 3 and 1/2 months before. I checked the USCIS web site, it says one need to apply 6 months before the expiry of current one. I'm little worried as I'm not sure if I can get my EAD in time before 07/07. Any inputs as to what can I do in case if I don't get my EAD in time





    indianindian2006
    10-05 04:23 PM
    Seems like there might be an internal memo or understanding between USCIS and DOS not to approve many Eb2 India 485 even though there dates are current, this is the only explanation I can come up for the lack for eb2 india approvals in October. Even with the limited number of visas every quarter I was hoping there would be lot of approvals because of Visa spillover occuring every quarter instead of once every year, but looking at the USCIS performance in the first week of october it seems like there wont be any quarterly spillover at all.

    Correct me if I am wrong but to my knowledge quaterly spill overs if any would be in the last month of the quater which should be in Dec 2009



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