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  • jonty_11
    06-25 05:55 PM
    Posting my case, in case someone in similar situation is interested.

    Self : PD July 2002 -EB3
    Spouse : PD Feb 2006 - EB3.

    Suggested by our lawyers.
    File my I-485 with spouse as dependent,
    File my spouse's I-485 with me as dependent mentioning receipt notice of first I-485.
    File for only one set of EAD and AP docs. Doesn't matter with which.

    Filing both in July '07.
    Yes, that seems to be the safest...
    only pitfall seems to be as Pappu mentioned - when u enquire abt one case, INS may not be sure which one to respond for, as u will have 2 applications under 1 alien Number. This may hold true for adjudication also, and may delay ur case.





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  • alapkd
    06-19 12:14 AM
    Hi I am not exactly in similar situation but still relevant in the context. I have labor and I-140 cleared but my wife is working in India and she may not be able to come back in order to file I-485 within a month or two. If I file I-485 for myself can I file for her later? What will be the consequences and what are the timelines? I have a valid H1 Extension till May 2010. Can she still get this extension stamped and return on H4 visa?





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  • sc3
    08-20 02:00 PM
    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.




    "

    That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.

    Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.

    Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.

    I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.





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  • mchundi
    01-02 07:28 PM
    Hello mchundi, Would you like to participate in the joint effort to talk to lawmakers on both sides so that more democrats would vote in favor of the bill.
    WaldenPond,

    I send u a PM.
    --MC



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  • raama123
    09-25 09:21 PM
    Can we apply two labors with different companies for single person in PERM ?
    my labor is approved with B company in Aug2010.
    my employer (company A - holding my h1) also applied labor in July2010.
    they are called employer and want to visit company and consultant work place
    USCIS visited wrong address and they mailed to my employer like below
    1) If MR. is employed by your organization;
    2) The start date of MR. employment with your organization;
    3) The specific geographic location and physical address MRs working at;
    4) The current client that MR is assigned to. Please also provide contact information for a representative of that end client and a copy of the contract. You also indicated that you have filed a new LCA with the Department of Labor � please provide a copy of that LCA.
    5) The specific job duties that MR is performing;
    6) And the current annual compensation of MR.. Please provide a copy of the IRS Form W-2 issued to MR for 2009 as well as recent payroll documentation for July 2010 to present.

    I am working in Govt client,I can provide above all the documents except may not provide representative name and number.
    how can i manage this situation,please give me suggestion and share your experiences.


    --Rama





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  • abuddyz
    02-29 08:21 AM
    here are some updates..

    i received reply to my inquiry email from mumbai consulate. and they wrote following in email

    "Please wait till you get an email from us.

    Mumbainiv/vd"

    I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..

    me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
    she: what is your name (did something on computer). it is still pending for verification
    me: how long will it take?
    she: it might take another 1 or 2 weeks
    me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
    she: it takes time
    me: what is the procedure to withdraw my visa application
    she: if you withdraw, how will you go there?
    me: i have advance parole document with me
    she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
    me: i have to find some other option as my client is waiting there.
    she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
    me: (i again asked) so i can withdraw and then go back using advance parole?
    she: as I said, it is advisable that you wait for visa

    I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)



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  • nkalpana
    01-31 03:40 AM
    My husband's petition is from a reputed company, and its an L1 blanket petition... the petition approval date is somewhere in Nov. 2007... does this mean that it would take a long/short time to update in PIMS?

    Am just trying to think loudly!

    Regards
    Nk





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  • chanduv23
    01-29 06:41 PM
    I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.

    This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.

    Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.

    regards
    just anotherone of the expendable non-citizens

    OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership. At the time of joining, they are supposed to give you the i-9 form and you have 72 hours to return the form back with your documentation to prove that you can work for any employer. A valid EAD with a future expiration is very much a valid document and must be acccepted as a valid.



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  • sledge_hammer
    11-25 02:23 PM
    It would have been ideal if they mandated 1:5 ratio. Unfortunately, with lax lending standards and unregulated banking, people made almost zero down payment (instead of the normal 20%) and bought into loans they couldn't afford in the first place.

    I would still blame the borrower 95% for all the mess.

    Almost similar except:
    1. You can't sell with a single click on E-Trade
    2. Unlike stocks You pay taxes on your house every year.
    3. You are leveraged 1:5 in your investment.
    4. Your real estate investment is based on debt while stock (with an exception of margin calls) is purely on cash.
    5. In stock you can never loose more than you invested. (again margin calls are exception)
    6. You don't pay to play or you don't constantly have to pay to keep what you have invested.
    7. Govt don't give you tax breaks to buy stock.
    8. Equity holders are never bailed out by govt.


    That makes real estate much leveraged and bigger liability than stock could stock ever be. And somehow govt. wants to promote home owner society but discourage stock ownership or saving minded frugal individual investors like us.





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  • cse_us
    03-25 03:50 PM
    Kaiser started this new rule to not hire folks on EADs as of last week.
    I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.



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  • alterego
    10-26 09:15 PM
    I finally get the chance to share our wonderful news with you all. We (me and my wife) received our "Welcome new resident" e-mails this morning.

    11 yrs for me and 12 yrs for my wife since coming to the USA. Between the two of us, Three J1s and Two F1 stamps, Six H1b stamps, Four 140s, 10 EAD/AP (5 each), 3 finger print notices apiece, Four RFEs between us and a total of $68KUSD in total USCIS fees/Lawyer fees and countless gray hair later and after many an emotional roller coaster over the years, it was our turn today.
    For those of you unclear about the admittedly weird above numbers, take a look at my RD. It is not a typo! I often wondered if I was a lone Dinosaur that survived the meteorite. I never saw anyone with a 4 plus year 485 recently.
    Our 485s were 2 yrs old and approvable when the visa bulletin fiasco happened in summer 2007. Ironically I heard that even my FPs/Background check were cleared by then (which in those days was the main cause of delays).

    I made many approaches over the years to the USCIS via phone, email, and fax, My Congressman contacted them on multiple occasions (atleast 3 times when he forwarded their response to me), and our Senator contacted them once. My lawyer as well as my employer contacted them also. I finally also wrote the ombudsman 2 weeks ago. I was pretty scathing in that letter as well (about their mockery of their stated FIFO policy etc). I am not sure exactly what worked, or if anything at all did, and it was just my time. After a while dealing with the injustice, you just get numb. Today finally I breathe a deep sigh of relief. The loooooong wait is over.

    I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be.

    I wish each of you all the best of luck and least agony in your wait. Those of you current, have faith, if you are being wronged, Stand up. Write/meet with those in a position to do something. Advocate for yourself. That way, atleast they know, what is going on. Otherwise none can help you.

    I will continue to stick around here and do what I can to help with IVs efforts. I believe with our overall effort, we are helping ourselves yes, but what we are advocating for is correct for this country as well.

    Best wishes all.





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  • acecupid
    08-21 12:51 PM
    I just received my 2 year EAD. Priority date is Nov 2002 - EB3 -India. Well I guess that says it all. If USCIS thinks that Nov 2002 will take at least another 2 years then I dunno what about the rest. I didn't wanna think about EB2 porting being so close and spend another 10k, I guess just need to stop worrying about it now. :)

    It will be 10K spent well if you decide to do that!



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  • walking_dude
    01-11 02:42 PM
    According to ALIPAC every immigrant is 'illegal'. Who cares? They don't make the laws in this country.

    I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.

    How is this in conflict? Am I missing something?





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  • brb2
    10-07 09:21 PM
    She may have been nice, but she did not give you correct information. I don't know where you "spoke to a very nice IO", but if it is the phone line, they are outsourced phone operators who are poorly trained and do not have access to the information that IO's have.

    FBI name check comes back in 2 weeks at the most, if not then it could take 2 months to 5 years or so.

    Hi

    I just spoke to a very nice IO. I asked about my name check , she said that it's pendig and FBI name check is 9 months behind the scheduale. That all the information she gave me.

    does everybody go through FBI check name or only a percentage?



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  • hariswaminathan
    06-29 06:25 PM
    At the cost of being bombarded by every one in this forum,
    if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.

    What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.

    I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.

    And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!





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  • InTheMoment
    05-26 07:19 PM
    First of all when it is visa information it is just that!
    Please see answers below

    Hi Friends,
    I am in the process of filling I-485 form and got the following question, can you please help?

    My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.

    1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?

    ------> The figures in red, not the control number on your
    visa stamp.

    2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?

    ------> If it was issued at a consulate state that, if
    department mention department.


    3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797

    -----> Again the one on your visa stamp.


    Thanks advance for all your valuable suggestions.



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  • pal351
    08-27 12:51 PM
    Michael,

    I know you are trying to promote vonage, but not addressing the issues in terms of cancellation.

    One more thing is that the taxes on the service, which is really killing part, for new yorkers, have to pay almsot 9 dollars in taxes, which is 35% of the monthly bill (24.99), it's too much when we compare with other VOIP services....

    State/Local Taxes and Fees $3.44
    FUSF (VoIP) $2.41
    Regulatory and Compliance Fee $1.49
    Emergency 911 Service Fee $1.49

    Hope vonage will come up with some thing better than this, aslo there is 5000 minutes restriction on outgoing, it doesnt matter whether you called local or international, every minute counts.....guys beware of that limit, I know 5K is lot many minutes, but still you have to monitor, if it exceeds, the account will be changed to Business and have to pay more monthly.....

    Also it would be great if you guys can come up with a feature that calling from cell phone by using vonage account.....with this option, more customers can sign up, offcourse customer service has to imrpove lot....



    I called Vonage Customer service , If you signup Vonage World there is no 5k Min. limit. Its unlimited. Guys please don't post the wrong info.





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  • inderman
    10-22 07:21 PM
    Got my CPO email few minutes back... Thank you all for your support and ALL THE BEST!!!
    HOPE FULLY, ALL OF YOU GET IT ASAP...

    NO LUD after Feb 2009 when i did my second finger printing.

    Created SR thru NCSC, did not help.

    Went to Infopass, no help from ppl i spoke with there.

    Did congress man enquiry, not sure if this helped. (as of yday, they had not received a response from uscis and were still waiting for a reply)

    Sent letter to Ombudsman, they told me they were checking with USCIS...

    No Idea which one worked... Good Luck to all of you...

    PD JAN 15, 2005
    case was transferred to NSC from TSC
    NO LUD after Feb 2009
    Had applied AC 21 on Aug 2008





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  • ivar
    08-20 10:47 AM
    Dear IV friends,

    One news, call to india free for 24.99 from vonage plan starts today.

    Thanks.





    shantanup
    09-22 07:26 AM
    Is IV switching sides now?

    Let me give you an example and you would understand my point. USCIS Customer Services Directorate received 16 million calls from the public and 300,000 from Members of Congress. Add to it, all other items people do to get attention for their case and think that by sending an email or a phone call from Senator or by a lawyer, the officer will realize his mistake and quickly open the file and approve it. If you look at the responses people post to their inquiries, you would see that most responses are standard. USCIS is not just approving 140K greencards but more than a million greencards, hundreds of thousands of H1 and other visa types, EADs etc...every year. Greencards do not get issued on the day date gets current. It is not a automatic process. There is lot of human work involved and many people do not understand that or spend time understanding it. They would rather waste their time either on useless task of tracking or calling customer service every single day.





    caliguy
    10-06 01:16 AM
    @ fatjoe

    Well, I dont think politeness works with USCIS, but do we really have a choice?

    Yes, lets write to Secretary Napolitino. I will also send a copy of the letter to the first lady. I am not sure what else we can do besides that.

    Once I get the sequence to call TSC using the POJ method, I will try calling them tomorrow.



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