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  • jsb
    08-15 10:20 AM
    It may be better if you refile it now (before Aug 17). My lawyer made me refile...just because there is no receipt yet. He says by doing so you don't lose anything. If your first application is in the system at the time of opening second, it will be returned. It is very unlikely that they will cash second check. Fedex confirmation only tells that 'something' was delivered. It does not tell what was inside...

    [QUOTE....I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:[/QUOTE]




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  • akhilmahajan
    02-13 10:42 AM
    Bump...........




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  • franklin
    06-13 01:20 AM
    As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.

    I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer




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  • ronhira
    09-26 07:44 AM
    So EB3 indians are idiots?:D

    so are we..... everyone in eb2...... we r all the same.....



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  • BharatPremi
    03-26 09:15 AM
    Just curious

    EB2-India with May 2005 PD and before : All will be out before May 2010 with some residuals in NC. One thing I am sure, EB2/3-India with PD 2006 and afterwards should not start working on EAD and will have to hold on to H1.

    PDs with 2006 and onwards - both for EB2/3 - Unpredictable and scary assuming no change in current immigration policies.




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  • alias
    08-18 02:48 PM
    You got that right!, so you are going to help out here or what?

    Nope, never to you, may be if someone comes out with a more communal goal, then may be, I will oppose anything you do...doesn't matter right or wrong. Call it personal or whatever, I respect people who see the big picture and act responsibly..



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  • shreekarthik
    10-09 12:08 AM
    How about forcing FBI remove reference files from the name check? Basically put the name check process back to how it was pre-Nov. Dec. 2002 ? Here's the story of name check

    In Oct-2002 a person was cleared by FBI as having no records but INS somehow found that he was involved in foreign counter intelligence investigation. So it asked FBI how such a person could be cleared with no records. At that time FBI checked only the main files (even today FOIPA requests checks only the main files) and it didn't find that guy in the main file. It then queried the reference files and found him there. So instead of investigating why the agent did not add this record to the main file what it did was add the reference file to search. The reference file will have all sorts of records, good or bad including stuff like traffic tickets, witness to a crime, FBI Tipping etc. So now if a person has a hit FBI has to determine whether that hit was due to a good deed or bad deed from the person. What kind of stupid decision is this ? If a fellow was missed in the main file then action should be taken to fix the main file not add all and every other file to the search and start manually separating wheat from chaff.

    If the name check process is reverted to pre nov. 2002 mode things will definitely move fast.




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  • sina
    08-27 01:20 PM
    Case was filed on July 6th (485, 131 and 765). Not sure when it reached NSC.
    I-140 approved from TSC in 2006.
    No receipts and no checks cashed yet.:(



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  • manja
    11-17 03:39 PM
    Done for TX. Thanks!




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  • 485Mbe4001
    12-12 05:44 PM
    good call, i hope he replies. Please post the response you receive from the senator on this thread.

    [QUOTE=GCwaitforever]
    Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

    Dear Senator Sessions,

    I am a legal immigrant living in this country from 1995. I have been paying ...



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  • desi3933
    06-26 04:02 PM
    " Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ

    I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.

    But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year

    I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.

    All depends on the wordings of the contract.

    Please consult a good lawyer BEFORE signing any contract.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • SleeplessinSeatle
    08-18 12:12 AM
    LUD on 08/05/07

    Other details are in signature.



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  • unitednations
    03-08 08:22 PM
    If many EB3-I folks are getting GCs then why is EB3-I PD stuck in 2001? Shouldn't it move?

    One other note; those eb3 to eb2 conversoins original priority dates were 2003 in eb3.




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  • MightyIndian
    09-26 10:53 PM
    We filed on July 20 to NSC. CSC acknowledged the receipt on September 19. On 9/21 we recd a notice from CSC stating that our cases are transferred to NSC. However EAD and AP applications are still being proceesed by CSC. Just recd an e-mail that EAD card production ordered.



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  • ds37
    11-18 07:34 AM
    done.




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  • Springflower
    08-30 04:37 PM
    Mine & my wife's I-485/EAD/AP applications reached NSC on July 6th.

    Waiting for receipt notices and checks to be cashed.

    --------------------------------------------------------------
    Contributed $50. Signed up for $50/month recurring contribution.

    PD: March 2004 (EB3 - India)
    Labor approved: Jan 2006
    I-140 approved: Feb 2006 (NSC)
    I-485/EAD/AP applied: July 6th, 2007 (NSC)
    Checks cashed: ?
    Receipts received: ?
    --------------------------------------------------------------



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  • mashu
    08-13 02:55 PM
    Yes, I've read it before in this post that there is no connection between LUD(Last Updated Date) and Receipt Notice.

    This is my concern: why LUD should change and REALLY changed on my more than month ago approved I-140:confused:




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  • rc0878
    09-23 09:42 AM
    Quick question for thosewho have already recieved their receipt notice????


    What does the priority date column say on your receipt notices? I mean does it show the actual priority date or is blank????



    I am happy to announce that I have received the EAD cards today (just like rc0878 had suggested). I should not have doubted the encouragement and estimation of the experience here.
    So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
    Let me know if someone wants to ask any other information.
    thanks again. :D




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  • gc28262
    08-26 05:08 PM
    I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.

    Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?

    I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?

    Please share your experiences.
    Following is my observation from my last H1B extension from Vermont.

    You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.




    coolstonesa
    06-22 04:29 PM
    Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:

    "The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
    and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).

    At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.

    If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
    (2) most recent six months of pay stubs, and also (3) a current job offer
    letter.

    I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."

    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.




    apahilaj
    08-08 03:40 PM
    I am in the same boat. I got Notice welcoming new PR email on 8/5 and nothing after that.

    Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)

    Anyways, good luck to all of us here - waiting game never ends!



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  • mahujam
    08-04 03:18 PM
    I am not current. I possibly cannot get GC at this time.




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  • shantak
    05-21 06:11 PM
    i had biometric yesterday but no Lud yet until today .
    when i will see LUD?
    what is soft LUD and hard LUD?
    Soft meaning just the date changes and not the message. Hard meaning even the online status message changes




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  • Lisap
    09-11 04:11 PM
    Hi Lisap,

    I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...

    Did ur case status say 'ordered' before you got the ead in mail?

    Thanks.

    No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.




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  • acepb
    08-28 01:56 AM
    filed aug 3 2008 card ordered aug 26 2008



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  • texanmom
    12-17 05:29 PM
    Like many many people have said before - the GC is not the end of the road. it is just a milestone. Life goes on, irrespective.

    Try playing this game:
    1. What if my GC is delayed by 10 yrs?
    2. What if it is denied?
    3. What if I have to go back to my home country?

    What if, what if, what if....You will find that it is really not as bad as you think it is. The alternative solution may be much better, and make you much happier.

    We have been here since 2001, had 4 GC processes started between me and my husband. The one with a PD of Dec 2005 (under Eb3!!) is the one we have used to get our EAD's. Yeah, its a long, long wait - but has that stopped us in any way?

    1. My husband has a very good job and likes what he is doing- although he would like to cut down his travel.
    2. I have a v.good and v.well paying job
    3. We have 2 beautiful daughters - who are both American citizens by birth.
    4. We have a beautiful home ( we bought a house 3yrs ago, irrespective of the fact that we were on a H1B)
    5. We have fairly good savings, good US education, diverse & valuable work experience
    6. A Canadian PR as a back-up

    What I am trying to say is this - you cannot control USCIS/ DOL/ the FBI...but you can take charge of your destiny. Build a strong foundation for yourself and your family. Have a good back-up plan (or two!). Participate in activities that interest you. make a difference in others lives - educate a few children. Take care of an elderly person. Leave a legacy behind.

    And have a good life! Stop worrying! Happiness will follow.

    Cheers!




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  • test101
    07-08 03:00 PM
    in 2005 there was visa recapture for nurese (50,000). Why can not this be done now? They could have simply post information in June saying July Visa bultien revised. Why costing people all this money ? The least the USCIS should do is not to reject all these applications and but them to be processed in Octobor. It's not only miscomunication it's miss managing as well.



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  • lj_rr
    09-13 03:40 PM
    New thread created.All TSC Filers please post here.

    http://immigrationvoice.org/forum/showthread.php?t=13344


    Sanjeev:
    I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.




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  • arun_ramani
    02-01 02:36 PM
    Contributed $100 for Advocacy day. I will also inform few of my friends who can also contribute.

    Best Wishes,
    Arun



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  • desi3933
    03-08 09:33 PM
    This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
    Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
    But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????

    On other hand

    >> But on the other hand if I want to address this issue in a manner which could see least resistance

    IMHO, you are wrong about the "least resistance" part. Who told you that there is least resistance to change/remove country quota? How did you come to that conclusion?


    ______________________
    US citizen of Indian origin




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  • marty
    05-30 09:53 AM
    We are in AOS stage and planning to do Canadian Landing next month. Any one here knows if we have to surrender our I-94 when we exit the USA?
    Thanks!:)

    If your visit is less than 30 days, detach I-94 and keep it in your pocket preferably in an envelop to make sure that it remains safe. Be prepared for questions that US IO will ask when you return back. Reduce your answer to Yes or No and don't provide explanation of anything unless you are asked to. What is your status in US?



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  • PavanV
    09-09 08:16 PM
    Boss,

    Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:

    For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...




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  • snowshoe
    06-15 08:23 AM
    My attorney sent our apps on June 1st, I do not have receipt # yet. Also I just gave the attorney one payment for the entire app, hence cannot figure out if the checks were cashed or not.



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  • designflaw
    09-14 04:46 PM
    I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
    I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
    All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.

    The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?




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  • sina
    08-01 01:45 PM
    Renewal application for EAD filed on July 30th for self and spouse. Checks have been cashed and got receipt number from the back of the checks.

    Let's see when it get's approved.



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  • felix31
    04-30 11:55 AM
    And has a lot of backing from the hi-tech industry.

    Also, this bill (as per my understanding) does not have to do anything with the illegal aliens and so should not rankle anyone. Also since Cornyn is the author, other conservatives (hopefully) will not have many issues with it and not many will argue about a bill that has to do with American Competitiveness.

    good news...

    when will the debate start in the senate?




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  • Dhundhun
    03-29 12:29 AM
    Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.


    I think, F-1 Visa to H1B AVR is allowed, when F-1 is adjusted to H1B in USA.



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  • paraphrase
    10-08 11:05 PM
    I do not understand why people spend their energy in coming up with some lame ideas. Just because you suffer does not mean that your fellows have to suffer, what is the point of being a sane individual with that kind of thought process.

    There are people who come here on all kinds of visas F1, H1, L1 and like this country and stay back and need a green card for convenience. Students who came here want priority over people who came on H1B. It makes sense from their point of view.

    Similarly people on H1B who got stuck in several stages and had to change the company have their own point of view.

    How bout having a lame rule saying that GC for people with I.Q of 140 and above?

    (or)

    How bout having a lame rule like if you have a family you will be penalized by putting you at the end of the line for GC?

    The list can go endless..
    Worry less about who is cutting the line and getting ahead and please concentrate and put your energy and come up with good ideas and showing what we are really capable of..




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  • jjava100
    02-14 03:36 PM
    Paypal transaction ID for this payment is: 29093004MH879794R.




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  • shukla77
    11-21 01:14 PM
    Mehul,
    I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.




    kdprasad
    08-13 07:48 PM
    The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.

    BG I got receipt numbers but the checks are not cashed yet.

    PD - Jan 2006
    I-140 - Nov 2006

    485 Filed - July 2nd 11:30a.m
    Receipt Notice -- August 10th (Received on 13th, But checks not cashed yet :)




    gcnirvana
    05-09 12:43 AM
    We had a discussion about the very topic not long ago as part of IV Spotlight Topic Series. Check out this thread http://immigrationvoice.org/forum/showthread.php?t=4118&highlight=spotlight
    Will someone please respond ?

    Thank you.



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  • desi3933
    03-10 02:56 PM
    Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.

    I agree.


    _____________________
    US citizen of Indian origin




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  • jitian
    11-18 12:22 PM
    just done. North Carolina (two senators and Sur Myrick)




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  • GCStatus
    09-15 12:26 PM
    Friends,

    I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#

    Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.

    Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.

    I will keep publishing this sheet from time to time on this thread so people know.

    Please keep pouring in with ur suggestions.

    And we will proceed if its more than 1000 too ;-)




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  • rk07
    09-28 10:25 AM
    All,

    I just want to share some goods news from side.

    All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.

    I hope who ever is waiting for RN's they will get soon.

    Thanks,
    -rk.



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  • drirshad
    05-06 03:54 PM
    Use the letter to modify for our cause, May 14 is the start day for CIR discussion in Senate ......

    http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]

    U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION

    CONTACT YOUR SENATORS TODAY

    U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION

    Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.

    USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
    1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
    2. a new worker program with worker protections and a path to citizenship; and
    3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.

    To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.

    http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]




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  • reddymjm
    03-26 09:23 AM
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2

    Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.



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  • bigboy007
    07-04 11:16 PM
    May be he will good for you dude. :D




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  • GCVictim
    08-14 09:18 AM
    Yesterday, My lawyer sent me receipts for my EAD, AP and my wife AP.
    Now I am waiting for my 485 receipt and my wife 485,EAD receipts. How it is possible without 485 receipts, I got EAD and AP receipts.

    Any idea?



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  • kosu
    06-13 06:53 PM
    Atlast all my checks are cashed today. I am able to get my case number from the checks. Even though INS received my application on June 6th, in my 485 it says that they have received my application only on June 11th. Wonder why?




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  • tamil12
    07-19 05:33 PM
    how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.

    Well Said..

    The Spill over changed from the Year 2007 ...It will be Fair to allocate the spill over Visa to oldest PD for the Retrogessed country.



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  • saimrathi
    07-06 08:56 AM
    It would be great if DC area news agencies are given a headsup about this act of gratitude toward Emilio... It would be nice if we can get actual reaction from Emilio.. he'l probably think he's been punk'd..




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  • StarSun
    02-23 08:40 AM
    Poster to spread the word.. (http://pennyappware.com/myposter.pdf)



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  • hiUS
    09-12 09:57 AM
    Congratulations to everyone who is getting their applications approved.

    My PD is Aug 2006 and I might have a remote chance of getting approved this month. Can someone give me the customer service number to talk about the 485 status. I keep seeing that many people talk to the customer service and get updates on the case. My case is pending at TSC. Thanks a lot.

    It is the same number which you see on the 485 notice which you have.

    select options as if you are checking your status on the phone (i.e. push buttons leading that direction, enter your receipt # listen to your LUD etc.). After that select the option which refers to "you believe you have a problem with your application" section (I think that is option 3). Then select the option which points problem with multiple applications (like if you believe your derivatives application seperated etc.). That one is option #4. That will end up at TSC IO. I hope my intstructions above will be helpful to you.




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  • anzerraja
    07-20 08:42 AM
    Thanks sdrk !!!

    I pledge $100



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  • GCcomesoon
    11-06 04:00 PM
    Hi

    What did the infopass appointment tell you? Were the officers knew what they were talking about?

    Thanks.


    They said they will send email to TSC & hopefully I should get the FP in next 30 days , if not I should come again which I did. This time they did the same email thing .Actually I went 2nd time to know whether my NC was clear or not. Menwhile I had created 2 SR's by calling USCIS too.

    I hope to get the FP in next few days .

    Thanks
    GCcomesoon




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  • n2b
    08-14 08:29 AM
    We have received FP notices for our 485 applications that reached USCIS on July 2nd (EB2/India)

    Good luck to all other IV folks.

    what is ur FP date & location? thank you.



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  • mrajatish
    05-04 02:43 PM
    I disagree a little bit - this will help people in EB3 indirectly
    A lot of people in EB2 and EB3 can qualify for auto adjustment of status now, so it will remove people from EB3 queue making it smaller.




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  • amsgc
    09-09 10:30 PM
    It looks like USCIS has indeed pre-adjudicated a lot of cases - if processing times at the various Service Centers are any indication, then the USCIS is almost done.

    From now on, USCIS will be able to make a more accurate and realistic demand for visa numbers to the DOS. This means the dates will move forward gradually - with a measured jump in the last month of the last quarter.

    For FY10, the jump in the last quarter will depend on:
    1. State of the US Economy - If it continues to be L shaped, then less demand from EB2ROW and EB2I dates my advance up to mid 2006.
    2. China EB2 - The faster it moves, the further EB2I will advance. It was suprising to find that EB2 China is back in 2005. Either the DOS has been really conservative or USCIS has truly done some house cleaning.




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  • diptam
    06-27 11:53 AM
    Point1) makes me perplexed - Can there be agreements with open ended
    time periods.

    But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




    EndlessWait
    07-20 11:41 AM
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    lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]