Monday, June 13, 2011

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  • rajeshalex
    06-16 09:18 PM
    U can get an infopass and get the receipt number.
    Now for AC121 u need to have the job similar to the one mentioned in ur labor/perm. So u need that information in order to make sure the new job matches previous one.


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  • Redeye
    04-21 03:32 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!

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  • anda007
    07-12 11:21 AM
    Those who want to send flowers to Condi and those who do not.
    There is quite a number of people, who do not feel that this is "over-doing"

    Lets stop discussing and fix the date (7/17 is good enough) and send it

    If you think that this a bad idea, we respect your views and you may not send

    How do convert this thread into the poll

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  • shortchanged
    08-09 02:04 PM
    For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.

    My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.

    My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.

    I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
    Any way I am not withdrawing these apllications myself,to avoid any confusion.

    Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
    I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.

    My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.

    Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
    I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals


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  • moonrah
    07-23 11:32 AM
    Yes that is correct.

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  • meridiani.planum
    03-12 06:37 PM
    Hi Meridian,

    let me know how to give you green I can do that for you.

    I appreciate it.
    However its not the red/green dot count thats bothering me, its this needless 'sniping' using this dots system has started becoming too much on IV now. There is a reason why while giving a red dot it asks you to give a reason. Getting a red dot without a reason is like someone in the street pushing you as you are going about your own merry ways. Actually its worse, atleast in the street you can push back, or ask why they pushed you, here its like getting hit by a stone as you are walking, and you turn around and see no one. that feeling is what I hate and I get when I see red dots to innocent or even helpful posts..


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  • mallu
    01-24 01:35 PM
    Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you..

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  • chanduv23
    11-21 11:08 AM
    Wonderful holiday season to all IV members and their families.

    Drive safely if you are planning to drive, if you are flying or other means, get early to the place of travel.

    Have a wonderful time, have faith on IV and lets keep the grassroots efforts on going.


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  • Jeff Wheeler
    08-20 01:58 PM
    Yeah, I know that’s what it means, but I’ve heard it pronounced the other way IRL; I thought it was kinda funky, but cool.

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  • sts_seeker
    07-05 04:24 PM
    Hi All,
    My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
    please advice asap.


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  • go_guy123
    11-03 04:47 PM
    Pls let us know if you would like to tell your story in a media interview?

    Sure why not.

    I came to us in 1999 did my masters here in US and graduated in 2001.
    I worked for some time on OPT and then went back to work in India.
    I came back in 2005 , the immigration situation being very bad with retrogression I applied for canada immigration from US ( from india
    there is a severe backlog...canada has a per immigration visa post backlog unlike us which has per birth country backlog)

    I recently got Canada PR , I joined the MBA here at U of Toronto.

    Had I been in my early 20s I would have thought about US imigration.
    Nowdays it take 7 to 8 years ....thats more than 10 to 15% of your productive life.
    I have talked to my friends ( from IIT delhi ) all of them have same opinion...its a lost cause
    now. Now that theyhave invested 5 years they dont want to quit.
    Only 1 in know who did MS in US and got GC. Rest were all PhD who got GC through EB1.
    EB2 , EB3 is all dead now.

    Now it too late I need to settled . How can I marry with the insecurity of moving from place to place in search of contract project, bodyshopper eating avay 30% of your billing rate etc.

    I have given up hope. There are challenges in Canada as job market is
    not that great but atleast I can sleep at night without having to worry
    about the immigration. Ihave one more friend working in Canada he also moved from US.
    The salary rate etc is lot lower in fact. On the whole Canada is hard for foreign educated...
    one of the reasons I am doing an MBA.

    1.5 years it takes for Immigration from US/Canada. Actually
    from Canada its faster but there is hope. The uncertainity in the US process
    is unbearable.

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  • smgms
    07-01 10:21 AM
    First of all thank you for your reply. Here is what happened with my case.

    1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
    2. This week I received an RFE email for my case, still waiting for the actual Mail.
    3. Next day received the email "Document Sent to Applicant" for my wife's case.

    I used AC21 to change the employers. Can you guys let me know.

    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
    2. What do they mean by "document sent to applicant", which document are they talking about?

    Thanks in advance for your help!!


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  • fcres
    07-26 01:00 PM
    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.

    You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.

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  • kart2007
    11-19 01:48 PM
    Yes ,I had the same issue, try now its working good

    Thanks, I will try now.

    BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).


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  • andy garcia
    07-25 12:19 PM
    I got an approval email from CRIS last week on my I-140.

    Today I received an email saying the notice that USCIS sent was returned as undeliverable.
    Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?


    Approval notice goes to Attorney a courtesy copy to Employer

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  • rmi
    10-10 07:43 PM
    July 2 filer. nsc->csc->nsc. No update since receipts on 9/14. No FP.


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  • soma
    01-15 10:07 AM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.

    That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?

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  • snathan
    11-27 11:25 PM
    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!

    How long this bond is for. You employer seems like a cleaver and cunning guy.

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  • pappu
    09-07 12:59 PM
    I am thinking of opening a thread on IV forum to sell my couch. I am sure there will be many potential buyers.:D :D
    This thread is closed for now. We do not wish to encourage members to advertise on this site. The site should be focussed on IV issues and EB immigration matters that members can discuss.

    12-18 09:22 AM
    I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.

    My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

    My question is that is 2 months of AP validity / cushion enough or safe to enter the US.

    07-05 03:28 PM

    Reversal Frustrates Green-Card Applicants

    The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.

    In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.

    News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.

    "My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."

    Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.

    The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.

    A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.

    Write to Miriam Jordan at miriam.jordan@wsj.com1

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