Thursday, June 16, 2011

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  • singhsa3
    03-04 12:54 PM
    By the in PA they don't give you Drivers License if you are on EAD if your EAD validity is less than a year.





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  • vghc
    07-03 11:10 AM
    Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
    I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.





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  • StarSun
    02-07 08:35 AM
    immig4me, can you keep the advocacy thread on the home page in the weekend too?





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  • willigetagc
    07-28 08:22 AM
    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks

    ah! thats the perfect drink for the occasion when we all get our GC... :)There is no end to the things we could protest about...



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  • GCapplicant
    07-18 10:23 AM
    Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
    If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

    Exactly,Even I think so...If they did not want to accept they would have done at the door step.So I think better we can wait and see for another week if any cases are like that.My lawyer mentioned she hasnt got any rejections until now.She has been sending continuous applications even a week before during this problem.She mentioned last week that she is still sending applications in and has Fed ex delivery confirmations for all the applications.





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  • RNGC
    02-19 01:42 PM
    Read this carefully before you comment here:
    "fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".

    This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.

    In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.

    Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.


    So what if illegals are also covered in this! Illegals are kind of people suffering from their employers because they don't have any paperwork! We, are slightly better, we have paper work and still suffer at the hands of our employers, so we know their plight...So, I would say illegals also have to be considered. I DO NOT SUPPORT ILLEGALS. But they are human beings too and are living in the dark.....

    My take on ilegals is:
    1. Build a huge prison and put all of them in there and feed them rest of their life.
    OR
    2. Arrest all of them and deport them their home country
    IF 1 or 2 is not possible, better give them green card as long as they have not committed any crime and legalize them so no one takes advantage of them...we have had one round of slavery in this country and its consequence is still felt, lets not have another round of slavery with illegals.



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  • sroyc
    07-11 04:14 PM
    I posted this in another thread.

    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.





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  • wizard20740
    07-09 07:25 PM
    A FBI name check does not seem to be a mandatory requirement for a GC. I think it maybe part of a "National Security Background Check" but does not seem to be a mandatory one.

    Also Please see link below, which seems to indicate that precedents exist for issuing Citizenship to people without completion of background checks. These checks have to be completed within 120 days of citizenship interview, and it seems that in nearly 20% cases, people have been granted citizenship without completion of background checks because the 120 day timeline expired.

    http://immigration.about.com/b/a/256020.htm


    Would you mind quoting the actual law then?

    Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.



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  • pointlesswait
    07-11 02:29 PM
    i think this move is temp...it will move back..before oct 2008!!


    I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.





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  • vgayalu
    10-07 02:41 PM
    Mine and spouse I 485 are approved on 5th Oct 2010 after RFE and answering it.

    But Kids one is not approved showing online status as initial review.
    I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
    But I did not get answer for first SR. They are saying There is RFE on principal candidate application.

    But that one is cleared and approved.

    I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.

    Is it or same kind of thing happened to any one else?
    Please guide your experience.



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  • Roger Binny
    10-11 08:13 PM
    There are so many illegal immigrats working as lawn tenders, cleaners at stores....why doens't USCIS go after them? They are easy to spot and can be found anywhere...why harrass students?

    USCIS perceives students are smart and sets standards by following rules than uneducated brothers.

    It's not harassing it has altogether different meaning, i too doesn't know when they first asked me, but one needs to keep cool and explain the reality it would work.

    I agree with other OP saying checking bio-metric is best than carrying these important documents around, all we know it need big budget.





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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.



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  • alisa
    01-23 06:33 AM
    I agree, at some point, things break even, because people will frankly get fed up and leave. That point will be somewhere between 10-20 years. And we will then be congratulating the two or three Indians who wait this out.

    This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)

    The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)

    The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)

    People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.



    I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
    You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.

    Nothing wrong in trying to change the course though.





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  • deepimpact
    09-10 01:04 PM
    I thinkThis year will be good for EB3.
    With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
    Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.

    CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.

    If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.

    I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.



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  • alias
    06-10 01:37 PM
    Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

    all you need to file an EAD renewal is:

    copy of your old EAD
    2 Passport photos
    copy of I-94
    & the filing fee





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  • ronhira
    03-12 12:37 PM
    I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.

    n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.

    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....



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  • nc14
    09-10 03:28 PM
    This sucks man. Another reccess to delibrate on HR6020 and they will be back at 5:00 for a vote.

    Who knows if we will ever get a chance to day or not. GURU's please give your opinions.

    ............................................
    $470 till date


    Someone please confirm...





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  • pointlesswait
    11-13 11:48 AM
    when was the last time you won a legal battel in 2 weeks/months/years time?

    By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)

    BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.

    I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....

    some of these short term policies can be:

    a.) simultaneous filing of 140/485...
    b.) 5 yr ead..without restrictions.
    c.) add to the list..


    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.





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  • arbhaat
    04-06 09:12 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!





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    09-10 04:00 PM
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    rajmehrotra
    09-11 10:56 AM
    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."



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