Monday, June 20, 2011

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  • yawl
    07-09 11:56 AM
    Just send mine. Nice to know it is getting some attentions





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  • mpadapa
    10-05 04:39 PM
    The person was checking his option for the return journey (after the happy hr)
    Its always good to have a designated driver:D
    You dont need to take a cab to come over to the place..


    Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..

    Just go to google maps and you will be fine..





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  • vparam
    09-20 10:09 AM
    I had posted the prediction stuff as a simple questions... sorry if i had created ripples within this young movements....





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  • gangwar
    04-12 12:42 PM
    I sent $100 cheque 3 weeks back, Cheque not encashed as of now.
    Whome should I contact ?



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  • sdrblr
    08-27 11:30 AM
    I say my chance is 88.25% of getting approved :). Don't ask me how I got this number. All that I know is optimism is free

    I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....

    But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.

    I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.

    SoP





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  • go_guy123
    07-02 01:36 PM
    Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
    When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.

    Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.



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  • chandrajp
    06-18 11:52 AM
    Another important question is: Will USCIS allow AC21 without an approved EAD?
    When you send all the relevant documents to invoke AC21, there is every possibility for the officer to check whether you have an approved EAD or not. In that case there might be a problem. I may not be correct. But to switch to a new employer, you definitely need a EAD card. I switched employers. My new employer asked for work permit(EAD in this case)

    Note : Please check with your attorney, I'm just one like you and this is my experience





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  • dilipb
    06-23 05:05 PM
    dilip and everyone,

    i have couple of questions.

    1. currently i am on H1 and my wife started using EAD. First time i applied EAD and AP for both myself and my wife. Now, i don't want to renew my EAD but just renew my wife's EAD. Is this ok? What happens to my EAD after it expires. Will i be able to renew it in future or will i be able to apply for a fresh EAD based on my pending 485 with out a problem? what will be my status if i renew my wife's EAD alone with out renewing mine. will i still be on valid h1?

    2. Similarly, i don't want to renew my AP as well as i have valid stamping for next 2 years. Is it fine to just renew my wife's AP alone? Will i be able to apply for a fresh AP in future based on my pending 485? wat will be my status if i renew my wife's AP alone?

    3. Last time when i applied EAD and AP along with my 485 in Aug 2007, my application got transferred to Vermont from texas. i received EAD, AP from Vermont and then my 485 got transferred back to texas. For renewal of EAD & AP, shall i send applications to vermont or texas?

    Answers to my questions are really appreciated. Thanks in advance for taking time to read and respond to my queries.

    ~Srikanth

    Too tired to type, Please send me your phone number via a personal message. I will try to explain this to you.



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  • lazycis
    07-02 11:37 AM
    I have followed it up with AILF and 3 more attorneys just in case to see if a law suit is feasible. All of them said, it is not possible. Only option left is to write to Dept. of Justice to see if this law holds a constitutional test. I wrote once, but never got any reply on that.

    But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.

    Couple of points to Nay sayers.. that this is not racial descrimination

    INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.

    So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.

    I tried explaining this in my writing to DOJ. But one letter didn't do the job required.

    I also think that discrimination lawsuit has very slim chances as the Supreme court ruled in the past that it's OK to have different treatment (discrimination) of non-citizens in immigration matters. But recapture lawsuit may work.





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  • dealsnet
    10-09 12:54 PM
    He got the nomination after 2 weeks in the office (Feb, 2009 last date for the entry). It is too early for him. We never know how he perform for next 3 years. Award must give after seeing the real work. Not by the speech by the politicians.

    President Obama wins the Nobel Peace Prize. Solving seemingly intractable international problems is chief on the President's foreign policy agenda. Hopefully, solving the immigration problem will remain chief on his domestic agenda.

    More... (http://blogs.ilw.com/gregsiskind/2009/10/congratulations-mr-president.html)



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  • mbawa2574
    09-06 12:02 PM
    It's just bad luck to get that kind of CBP officer. It's upto you to ignore this or escalate it. In my opinion behaviour of CBP officer was wrong.
    If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
    http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml

    That IO must be a knucklehead who just hates "Specific type of people" or someone who does know the f** he is doing. I have entered using AP at Boston. San fran, Seattle and never had problems. Only once they asked me for EAD/a valid H1 petition and that was just a question.





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  • desi3933
    06-25 11:27 AM
    Desi3933 - Thanks for the helpful information.

    I will talk to the employers for the next steps.

    You are welcome. Good Luck.



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  • ivslave
    09-11 04:27 PM
    ^^^^^^





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  • mkashif4
    08-04 11:26 AM
    My priority date Sept 5, 2006 is almost current and I am switching job to another company but similar job duties. From Sr. Systems Analyst to Sr. Business Systems Analyst. Should I file the AC21 now or wait till the RFE? If I wait and they approve my 485 without an RFE, then should I file AC21 at all?



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  • singhsa3
    08-13 10:25 PM
    Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf

    Employment Based (EB) Green Card (GC) Numbers Situation

    The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
    Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
    The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
    According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
    The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
    If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
    USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.


    What do these numbers mean?

    There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
    Those who could not file their I-485 now will now have to waitttttt…..
    Due to resource constraints, security checks may take years.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    Endless cycle of EAD renewals and Advance paroles.
    If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
    You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
    EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.

    Legislative Efforts

    EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
    IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.





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  • apb
    08-13 02:14 PM
    Bumping



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  • kittu1991
    08-26 02:53 PM
    Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.

    We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)





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  • royus77
    07-05 09:35 AM
    You can subscribe to CRIS email for status updates. But sometimes you may not get the email. The letter may directly go to your ex employer's Attorney.

    Even if you get a NOID, it may go to your ex employer's Attorney. We all know this employer attorney nexus - they are ready to screw you.

    Will submitting a new G-28 form and specifying the new Attorney will not work ?





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  • carpediem
    04-08 12:38 AM
    According to this article on the Wall Street Journal (http://online.wsj.com/article/SB123725421857750565.html)

    "Each year, 85,000 H-1B visas are granted for foreigners with advanced skills and education, and last year, 163,000 petitions were filed in the first five days after applications were accepted. The Ewing Marion Kauffman Foundation estimates that as of Sept. 30, 2006, 500,040 residents of the U.S. and 59,915 individuals living abroad were waiting for employment-based visas. Many would buy homes if their immigration conditions were settled."

    This is probably all countries put together. Have we had any luck with getting more details from the senators or congressmen?





    EkAurAaya
    05-14 08:06 PM
    What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.

    There are a few options:

    1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.

    2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.

    Pros & Cons:

    Consular:
    You get your GC as against EADs endless loop.
    You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.

    AOS:
    You and your spouse both get EAD. NO need to travel to foreign country.
    You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
    More time consuming and longer duration.

    The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.


    Thanks for your response.

    I've a pending i-140 and I had opted for CP at that time (the lawyer adviced this as its easier to switch from CP to AOS)

    I can upgrade i-140 premium to get an approval asap and then proceed with CP, but I'm not sure how long it will take for the CP process (any ideas?), I'm concerned the PD will retro again and I'll be stuck again with nothing in hand.

    From your response CP looks like a better option but its too risky in my case correct?





    krishnam70
    08-15 11:52 AM
    [QUOTE=oldschool;147268]Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.

    You can leave even before your GC comes through by invoking AC21.

    Frankly, I think the 6 month period is propaganda.

    its my opinion and not legal opinion.

    If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.

    cheers



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