Thursday, June 16, 2011

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  • tnite
    02-08 11:15 AM
    A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.

    If the person is on H1b, then he/she can travel without AP as long as they have an unexpired H1B visa and carry with them the I1485 receipt.
    AP has nothing to do with your AOS processing. AP like EAD is for our convenience and has no bearing on the AOS process.
    The only time it has is if someone uses the EAD /AP , then they are no longer on H1B.
    As far as leaving the country without AP and then getting it mailed , there are mixed opinions (not facts). Some think it will come back to haunt you later and others think it is of no consequence.

    I personally had a family member do this back in Oct but will keep this board updated if and when they have an issue.
    This is just my opinion and take it with a grain of salt.




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  • h1techSlave
    10-01 10:24 AM
    [FONT="Microsoft Sans Serif"]
    Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.


    Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.

    My question (and suggestion) is, can the reverse happen in 2007-2008?

    I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.

    What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.




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  • pd_recapturing
    11-24 05:21 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??




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  • reddog
    09-15 10:45 AM
    This is the Indian mentality at work. My EB3 bro whose employer(company policy) did not allow him to file under EB2 even though he had over 7 years of experience and was making 70 bucks an hour when he filed, is not better than his EB2 bro just cos he is EB3.

    That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.

    These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.

    And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.

    It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.

    IV, your days are numbered.



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  • Humhongekamyab
    02-18 05:33 PM
    i had run these numbers a while back. for sure EB2 will reach the end of 2005 this year. i just hope its done systematically so that they clear everybody with an EB2 2005 PD this year.

    I have a different question. My PD is Dec 2005 but my 485 was filed in August 2005. Do you think they will approve (or work) on my 485 once my PD is current or will they wait for the US CIS processing time to move to August 2008 (which I don't think for India will happen anytime soon).




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  • Immi_Nightmare
    07-06 05:56 PM
    aarbi, did you do your medicals, did you loose your work day, did you paid your attorney, did your wife(if any) came back from middle of the vacation, did you had health problem when you done your medicals....did your app got stuck at USCIS for years......
    sleepless nights for those people who's answer is YES for most of the above questions

    My wife is in the exact sme situation as yours . She to scramble around in India to get her passport re-validated after my H1 extension in the middle of her vacation and board the next flight to US , go through the medical tests only to find out that the dates have been pushed back again.



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  • catopa
    03-04 09:44 AM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:




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  • diptam
    08-20 03:51 PM
    Folks,
    I sent the email with almost similar content as the hardcopy letter we are talking here and CC 'ed the email to USCIS-COMPLAINT@DHS.GOV as well.

    My Subject was : "Complaint about Unfair and Haphazard EB3 I-140 handling at Nebraska(NSC)"

    Also i just noticed that USCIS account where i CC'ed came back with a "Out of Office Autoreply" and in the out of office message they said its an inactive account - blah ! blah !.... which gives me a feeling someone is definitely reading the account and its pretty much active but just to avoid burden of replying emails they utilized ( rather mis utilized) the feature in a very Naive manner.

    Did anyone else received any reply - i'll post if i receive any reply.

    By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.

    cisombudsman.trends@dhs.gov

    Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !



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  • jetflyer
    12-15 11:13 AM
    What a nobel idea. IV has thousands of members and we all are with you. What we don't seems to have is LEADER. Yes, we are lacking leaders like you, If you start I am sure all IV members will follow you. Just drop us a line when you are ready to start. We all are counting on you.

    J.F.

    Dear Friends,

    What about if some of us will go for hunger strike in front of USCIC building? may be the will listen to us then.

    please dont give reds if you dont like it, just ignore it. man I am very frustrated with the situation.

    MC




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  • Ramba
    09-15 05:44 PM
    This topic was already discussed. Whoever opposing PD porting is confused between law and abuse. As per law, PD porting is 100% valid and legal, one can do nothing to challange the law. A janitor can become a rocket scientist and port PD from EB3 to EB1. One cannot stop it. PD is the date one has officially shown the intend to immigrate and put up in the line. He/She will take the priority/ senioirty if he/she changes the catagory.

    However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.



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  • gc28262
    05-06 01:54 PM
    Called all Tier1 Senators and left/passed on the message




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  • makemygc
    08-02 04:03 PM
    I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.

    Any updates for TSC who sent their applications to NSC??



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  • akhilmahajan
    07-16 11:29 AM
    Admins

    is it possible to send an email, probably daily once to all members about High Five ?
    I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
    Just a thought to increase the momentum. This is a great initiative indeed in this tough economy

    By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000

    Satya

    I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.

    AFAIK, IV sends email to its members, when they have updates. I hope this helps.

    Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.

    GO IV GO. TOGTHER WE CAN.




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  • boreal
    03-18 11:10 AM
    Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.

    Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html


    Basic Information on the Stimulus Payments

    Updated March 14, 2008 � new 1040A-3 package

    You've heard about it. Now find out how to get yours.

    What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.

    Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.

    Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.

    Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.

    mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)



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  • laksmi
    01-07 03:56 PM
    Work on H1 even after using AP

    http://immigrationvoice.org/forum/showthread.php?t=14154

    Thanks




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  • CaliHoneB
    07-24 01:56 PM
    Pardon my intrusion here! I searched various forums but I couldn't get any solid threads on visa number because it is so common term the search always yields wrong threads! so can some one tell me..what is a visa number after filing 485? is it same a A # ? or is there another number besides A#? Do we see it on 485 reciept? if not how do I find out? I


    They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE



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  • Vsach
    07-14 09:40 PM
    bump:)




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  • saibabu_d
    07-18 01:28 AM
    You said: "all applications are pre-adjudicated".

    What do they complete in pre-adjudication process?

    Thanks




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  • HV000
    09-28 06:45 PM
    Oh Law Firm Update :

    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.

    This is horrible. We need to know how many numbers have been wasted due to notorious inefficiency of USCIS. This also raises an important question why DOS does not allocate the entire 140,000 on Oct 1st when there is tremendous backlog in the system. Also, it is ridiculous that USCIS does not release the Number of backlogged applicants in its system.!!




    yabadaba
    09-12 12:55 PM
    Dear Reporter

    On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.

    No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.

    This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.

    This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. We are standing and making our case - We are professionals, we are highly skilled and we deserve a fair immigration process.

    Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.

    Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.

    Any coverage of this event would be appreciated.

    Thank you

    Regards

    Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.




    ksurjan
    07-06 05:36 PM
    I dont see anything about the law suit on OH site.
    Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?



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