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  • willwin
    07-11 09:30 AM
    If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.

    Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.




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  • pranju
    07-18 02:21 PM
    only those with labor approved by 31st july can apply.

    Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.




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  • addsf345
    11-19 01:26 PM
    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

    --------------------------------------------------------------------------------

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.

    desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???

    is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.




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  • bala50
    09-13 09:03 PM
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  • diptam
    08-13 02:09 PM
    lonedesi,
    Any word this ?

    As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.

    The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.

    How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??




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  • vayumahesh
    10-28 03:28 PM
    Thanks 9Years for sharing the info. My I-140 was filed on Oct 20th under premium processing and still waiting for approval.

    As next step, are you planning to do interfiling or wait and see if I-485 will be approved automatically ?



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  • bskrishna
    07-11 12:04 PM
    heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)

    this was the breakdown per month for perm 2005

    March-1
    April -13
    May-72
    June-324
    July-351
    Aug-833
    Sept-1172
    Oct-1212
    Nov-1541
    Dec-1771

    7290 - includes everybody - eb2, eb3, eb3 other workers

    the whole question was the hump of 2004-march2005

    ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.


    do we have any such nos for 04? ideally 05 EB2 should buzz through adjudication in less then a quarter.




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  • chanduv23
    11-20 10:22 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    I think you are wrong ( I just think)

    H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.

    So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.

    This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...



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  • VivekAhuja
    05-18 05:36 PM
    Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.




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  • panky72
    06-25 04:08 PM
    Loosing my investments
    Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.

    I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.

    In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.

    Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.

    One more guy who is "loosing" things:D



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  • arihant
    03-13 12:31 PM
    Looking through the ammendments, one that stuck out was about the drunk driving conviction. The ammendment makes it a deportable crime. Well, not that we would ever be stupid enough to drink and drive. But, if you do, and you get caught, be aware of the serious implications it may have.




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  • bestofall
    07-15 04:40 PM
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  • gctest
    09-15 11:30 AM
    keep supporting EB3 porting .. you wil then get your GC in 7 years

    If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.

    I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.

    I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.

    Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.

    Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p

    Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:

    YOu never know what rules will change in future. :confused:




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  • mayhemt
    06-24 08:47 PM
    Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)

    1. What is America losing because of our prolonged wait for Green Cards?

    America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.

    America would be gaining in terms of revenue & employment creation:
    Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
    The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.


    2. How people who have green cards are contributing to the country as a whole ?
    By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
    A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.


    On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.



    3. What if the whole green card process takes less than 3 years ?
    If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.

    On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.



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  • kvsagar123
    07-19 12:47 PM
    I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.

    I will make couple of friends to join IV and contribute.


    July 19th : signed up for 50$ recurring contribution




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  • delhiboy
    12-15 12:25 PM
    Here are the details:

    Type: EB2 - RIR (State - CT)
    PD: June 2004

    45 DL Received: December 2005
    Current Status: CERTIFIED (On 12/15/2006) per DOL website.

    Can anyone tell me what happens next?



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  • ArkBird
    09-15 04:21 PM
    Did you check the grammar of your polling question?

    I support this. But might to be able to help with the fee

    If this is EB2, I am glad/proud/honor to be EB3

    :)

    People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.

    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.




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  • TeddyKoochu
    12-10 07:28 PM
    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....

    I think with a little luck you may cross the line this year, it maybe a close shave or a diving effort, all the best and best wishes. Maybe 2010 is the year for you.




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  • reddog
    03-12 10:50 AM
    Looks like it only tracks people who donated for FOIA

    No, it does not even do that. it does not let FOIA donors logon too.
    First, the whole concept of donor based organisation is so stupid.
    I mean really stupid.

    If the donor based thing is ON, the future of IV is not good.
    Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.

    but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.

    Instead of making donor based posts, have a FOIA kinda drive every now and then.

    unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
    talk about low life bureaucracy, welcome to IV.




    inspectorfox
    07-19 05:02 PM
    http://www.imminfo.com/resources/cissop.html

    Does anyone have the SOP for I-140?




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    07-15 11:28 AM
    when the high five drive reaches 2000 $
    I pledge one High ($5) FiVe

    Any one else wants join with me to pledge Just 5$ at 2000 $

    Bestofall
    EB2-2005 India
    Jul 2 485 Applied



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