Sunday, July 3, 2011

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  • abhijitp
    07-31 02:59 PM
    Pappu, special thanks for researching this topic, and posting updates regularly.

    Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
    1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
    2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

    Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.


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  • desitechie
    08-20 06:14 PM
    Not long ago, I used to get internet through phone line (Dial up connection). Now I get phone through internet. Isn't it amazing?
    By the way, I have been using Vonage for 5 years now and it is a great company.

    FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.

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  • suriajay12
    03-10 09:07 AM
    You have to be kidding! Here people are crying to get there EAD's extended and you think the Govt will give us citizenship???

    Please i suggest everyone to wake up and smell the coffee/chai.

    If you think giving us citizenship will be easy becoz it will prop up their vote bank think again coz it will never happen. Imagine the headlines which says recession time 10M americans out of job, foreign workers to get citizenship LMAO!

    Forget this ever happening in a recession time and not much of a chance in the boom time either, see how the Anti-Immi's will eat everyone up for this ridiculous suggestion, please remember we're nothing in the larger scheme of things for the decision making people, we need to understand our limitation and strengths and play by them, IV does a decent job of that.
    Do think rationally before coming up with ridiculous ideas like giving senators free pizza or asking for-direct citizenship. lol.

    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.

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  • bobby
    06-21 08:17 AM
    Another answer from Rajiv Khanna: on multiple 485s
    I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.

    If CIS rejects the other 485, do they keep the fees or do they refund the fees?


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  • Rocky4884
    08-11 06:52 PM
    My simple question to you is are you in or are you out. If I rember correctly, you have masters and in Eb2 line...
    If you are in, I want to give you call to discuss the logistics..

    Hey funnySurya, I'm in (wherever you like) & want to discuss logistics, send me ur contact details...

    PS I'm EB3 India educated and definitely make more $$ than you, I own a company :D but don't employ people like you, not too worried about GC, life is good.

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  • EB3Victim
    06-29 05:08 PM
    American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco

    The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.


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  • niklshah
    01-13 04:54 PM
    letter sent to white house and will send copy to immigration voice address.

    thansk IV

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  • whitecollarslave
    03-25 05:38 PM
    yes, that is our line of logic and understanding. But seeing the number of experiences what we are having in real world, this does not seem to be applying. You are rightaway asked about your work status and they insist till you give them "specific" word - either "GC" or "Citizenship" or "EAD"... If this would have been the real way ( I and all of us wishes that) the these recruiting guys may not dare to insist till you spit the speific word out and that is before interviewing. In my experience, I always had verbal conversation. I have never been sent an email or letter by any company yet regarding their refusal not to even interview me based on EAD. Verbally 5 companies have starightaway told me "they are not considering me as I do not have green card yet - EAD is not enough". My thinking is that they do this because somehow some law may be covering them, we do not know that but they know that, perhaps..:confused:

    I understand your frustration. I have heard similar things from employers about hiring people on H-1B.

    Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.

    Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.

    I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. ( If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.


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  • lutherpaul
    09-28 09:40 AM
    I received I485 approval mail on Sept 9th 2010, but have not received my cards yet. There was a soft LUD on Sept 17th. Anyone in this situation?

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  • gc_chahiye
    01-24 12:06 PM
    Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.

    I would second this. Singapore Airlines is especially good if you are travelling with babies/kids. Its a bit longer than the SFO->frankfurt->India route, but worth it. Also, Changi airport at Singapore is 10 times better than frankfurt for a layover.


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  • vivek_ut
    06-21 11:43 PM

    I have an approved I-140 (EB2 PD Jun-06) for a 'software engineering' related position. I recently moved to a 'product marketing' role within my company and was told that we would need to refile my PERM since this move constitutes a material change. Is this true?

    1). Will I be able to retain my original PD of Jun-06 if we were to file for a 'marketing position'? Or would this be only possible if I needed to refile for a 'software engineering' or similar role?

    2). Is there any way I can benefit from EB2 becoming current in July given that I have an approved engineering I-140 despite the fact that I have moved to marketing? (By the time I refile a new marketing PERM, I suspect retrogression will be back in effect)

    3). My H1B was recently extended by 3 years (I complete 6 years in a few days) based on my 'engineering' approved I-140. They also filed an adjustment of my job duties to reflect my marketing role. I will visit Calgary, Canada next week (June) to renew my H1B stamp. Any chance that I might have problems during my interview since my 'engineering' I-140 is really not any more use since I moved to marketing? I'm just concerned that there might be problems since the 3 year extension is approved based on an 'engineering' I-140 and now I am no longer in an engineering role? Am I being paranoid :)


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  • l1fraud
    06-17 09:49 PM
    Dear L1Fraud,

    Great job. I could not do this as I was afraid of Personal attacks and pulling down by the Free raiders. I was lazy too. Hope you read my PM reply.

    Thanks for your commitment.

    Once again request you to please contribute to IV.

    Good luck.

    Thanks and I am ready to contribute BUT not with this id :-) ... anyway once I am out of my job related uncertanities would like to join IV as an active member.. will try reaching out to my state IV members (btw where can I get that info from?)... Thanks once again guys.


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  • delhirocks
    06-29 05:12 PM
    Here is why it will not happen on the first 3 or 4 days atleast.

    This is not like H1B, which was hyped around for 2 months and forced every one to file on Apr 1st. More over it has a cap of 65k on it.

    The most imp thing is there must be some rationale or logic (other than for fees etc) behind how they could make every category current. Some of you might know that DOS gives USCIS visa numbers quarterly. It means that the final quarter quota has not opened yet. The final quarter quota for EB1/2/3 is around 22000 (approx 7500X3). The EB5 leftovers ( conservatively 9000 , see 2006 stats) will also be added to the EB1 and possibly down to EB2/3 . The total number of visas that will be available to USCIS on Jul 2nd (first fiscal day of final quarter)is 31-33,000. The per country limits are relaxed in the final quarter so that unused go to the over subscribed countries.

    DOS has to be utterly dumb, insane and ludacris to make every category current, if these 33K are the only numbers available. If DOS and USCIS has statistics for the first 3 quarters ( first 2 quarters + 2 months of 3rd quarter) telling that all the visa numbers released were in the previous quarters were consumed 100%, they would not make it current. That kinda tells us that the numbers allocated in the first 3 quarters were severely under utilized. How severely? No one knows as DOS does not do per quarter statistics.

    More over, If its written into law that DOS can only issue VB once per month, and cannot update it during the month, they cannot do a damn thing. If it's not, it comes down to the implementation and interpretation of the agency. USCIS and DOS can release an updated bulletin if they get an over whelming filings for EB 485. Again, there is not enough time for USCIS/DOS to prepare like they did for H1, because the rumor has been out for 4 or 5 days. It might happen in the 2nd week or so if its not written into law.

    It is not written in any law, infact the guidelines say that DOS can issue mid-month update

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  • amit_sp
    06-29 04:32 PM
    My Guess is , It is a rumour . since the USCIS suspended the I -140 Premium Service for the month of july . It clearly indicates they are aware/expecting many of the I -485 filings from July 1st and do not want to promise I- 140 decision in 15 days during July .
    Yes, I am of the same opinion. USCIS wants to stop the premium processing for I-140 only because it anticipates large volume for I-485. I don't see why it would stop the cash-cow (premium processing) and stop taking I-485s too!!!


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  • xyz2009
    08-18 02:16 PM
    Hi All
    I got greened today. Same here for me and my wife. I voted on the poll for me. Let me know if you want me to add one more for my wife too.

    Here are my details for your reference:

    1. EB2 India
    2. PD: Dec 21 2005
    3. NSC
    4. I-485 Receipt Date: July 2 2007
    5. I-485 Notice Date: July 30 2007
    6. What I did: SR on 2/8 (File pending and awaiting assigning to officer) wife SR 2/8 (Actively working and need additional review)...wife is a dependent
    7. Went for infopass on 2/8 afternoon (First day when I was current)...guy told me your cases are pre-adjudicated and files are with officer and same for me. Was happy
    8. Called second level IOs from 3/8 till 3/14 everyday.
    9. Some were knowledgeable and some were not but more or less good people I met
    10. One good person on 3/10 told me Mr Sharma your file is in transit...may be in some crate or some bin and might be on the move to an officer...I said Infopass guy told me they are with officers then he said clearly NO...your status is in transit and your files are NOT assigned to officer and your paralegals July 23 referral is still open and I cannot expedite it. So write to NSC follow up and mention my name and tell to expedite your case and see if they oblige you and help you. Thats your only hope. I cannot override your outstanding July 23 2010 referral.
    11. I did that and surprisingly nobody replied to that and few days earlier I had written to same email id and I got standard response for me and my wife
    12. I wrote to Ombudsman last Wed and yesterday after a follow somebody acknowledged and said we will take action
    13. I contacted senator office in mid July 2010 and after full one month I was in their system and congressional staffer was assigned to me and he called me and said on Monday evening I am writing to NSC Liasion and told me to wait for 2 weeks
    14. To my surprise he forwarded me NSC update which said files are with adjudicating officer and it did say that they are processing 4000 cases in a month.
    15. Congressional aide called me and said per his experience this is a + email and you can be approved anytime now.
    16. At 6.02 am there were 2 SMS and I checked online status changed to decision and then emails which said welcome new permanent residents
    17. I have been in US for 10 yrs now. Did full time MBA (F1) and then switched 2 jobs, it was a second GC as I left a March 2005 labor and started new Perm labor with the second company on H1B
    18. Was able to file through July 2007 VB fiasco
    19. Left the company after 250 days and switch on H1B transfer and ported my GC
    20. My current employer attorney did file for AC21
    21. Was waiting for this current window of opportunity

    Honestly I did everything I could do and did NOT leave any table unturned. I dont know what worked or not but yes I tried each and everything.

    IV is a fantastic platform indeed. I respect each and every member and I will help in every possible way indeed.

    Now few questions and clarifications:

    1. My wife is in India returning on sat evening. She was on H4.
    2. When she left I gave her advance paroles original
    3. I also gave her print out of I-485 receipt
    4. I told her to print out USCIS GC approval email that came today

    Now questions:
    1. She should go to which queue at POE, Visa or the ones for citizens/permanent residents?
    2. What she should tell the IO? When she left she was on H4 and on Aug 17th my 485 was approved and here is the proof (approval email print out) and ask the IO to respond?
    3. What will happen then? She will be taken somewhere and they will put D-155 stamp on her passport OR she would be allowed to enter on her Advance Parole or She will be admitted on H4 with I-94?

    Anybody has the same experience, kindly explain me so that I can inform my wife immediately.

    If anybody wants any help with any step please send me private message please. Would be glad to help.

    Best Regards,

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  • nkavjs
    09-25 02:00 PM
    I had followed your footsteps Cadude long time back. One quick question, how to I bug USCIS complaint dept.. or inquiry dept. any email or fax number?
    I am in corresp. with my senator and congressman.
    ps : Did you call USCIS to make sure your checks are encashed or got LIN numbers?
    I know you got your I-765 numbers.


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  • chintu25
    01-09 11:04 AM
    Letter Sent:)

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  • priderock
    06-18 10:25 AM
    Hi everyone,

    I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be nice.


    My lawyer only asked for the W2 ans tax returns for the last two years. I think the latest two to three years shall be sufficient unless USCIS asks for all specifically.

    Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be safe.

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  • alias
    08-07 11:37 AM
    It's funny how many types of personalities you see in everyday life. I remember in my early childhood days there always use to be one guy at the least in my class who would do things that would freak everybody out....usually he would be the teacher's cutest student. But once the teacher was out.....maan his ass was all red in the hostel, in the class.....just kept running away from every other fellow student.....

    06-18 09:43 AM
    Hilarious!!! :D:D:D

    On a more practical note, I would lawyer up, collect evidence, spin up a multi-million dollar lawsuit, and use settlement money to sip MaiTai on some beach in Lanai, while the harasser gets to suck on cock-meat sandwiches in the nearest penitentiary.

    C'mon grow a penis!

    11-25 10:48 AM
    Plz stop throwing mud at each other.

    US Mortogage Economy is much bigger pie in which our share sometimes minimum (people like me who did not by home) and people who bought are venting out the prices are come down.

    The fact of the matter is, anything is possible in US. Did not we hear Real Estate downs in New York and California in late 90s?
    By saying that you want to make money by selling house, you are taking risk.

    Now, if system provides a mechanism to walk away with a foreclosure, people will do it. It has been happening on Backruptcy and hence GOVT tightened it.

    The foreclosure process might also get changed in future.

    I do not know full details of ins and outs of Foreclosure so I will leave that to experts advice.
    But please stop blaming each other!!!
    This is not meant for blame game but for advice to an "co-immigrant".