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India7610-28 01:00 PMWish you and your family a very happy Dipawali!!!!!



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vandanaverdia09-12 11:49 PMseahawks:
Keep up the good work in inviting members & initiating to re-activate the WA/OR chapter!



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gjoe08-20 07:01 PMI am opening this thread to bring focus to the real issues at hand and how to channel our energy (frustation) effectively for seeing postive results

Primary Issue - In my opinion most of us are frustated not because our GC is being delayed. But we are frustated because we have no concrete information/data/stastics to reliably predict when our pending case will be up for review.

How are we trying to resolve the issue?

Currently we come here express our ideas on how to get bills passed, discuss solutions to fix the problems, organize campaigns, rallies, send flowers, etc,.

Why we don't see much success with our current approach?
Organzing a huge rally is not easy, making 25000 people send letters is not easy, organising 200 people to send flowers is not easy. We are unable to get our message across to the correct authoratives.

So what can we do?

As we all know most of call USCIS for status. And also we know USCIS has a limited number of customer service agents.

I would suggest that we all call USCIS every month 3rd week from mon -friday and just ask for our case status and other things what generally our members ask. We should do this every month 3rd week. The goal is to increase the call volume.
We can all call DOS starting 10th of every month to check about the visa bulletin until it is published. We can ask them for projections, predictions and all that you can think of with respect to visa bulletin. - The goal is to increase the call volume
We should be polite during all our phone conversation with the agents.

What do we get by increasing the call volume?
All customer support call centers gather information on the type of support calls they receive. They use this information to address issues to reduce the call volume.
To address the issue USCIS and DOS should try to give out more relevant information in their visa bulletins and also give more information in the case status online.

What can we do with more information from USCIS and DOS?
We can plan for our future better, since we have better information.
IV can focus on real issues when we have the accurate information.
We will have better information while we ask for reforms in the EB GC system.
We will have less frustation because we have a clearer idea when to expect our pending case to become active


Please feel free to comment also participate in the poll



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sriramkalyan03-09 03:32 PMHey, i was thinking that he can transfer priority date from EB3 to EB2 ..

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doesntmatter05-20 09:47 PMlfadgyas - Thanks a lot for replying to my query.

First I have to apologize I missed out a detail in my question - will update my post to reflect this too. After Nov, 2007 the status of the L1-Extension application has been changed to Denied on April 3, 2002.

I did have a question about working during L1-Extension, I have been doing research since my last post - please read below:
8cfr274a.12
-----------
20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to �� 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.

Will that put my case in a different situation? If I did start counting, shouldn't I start counting after April 3, 2002 to Sept 2, 2002? That is less than 180 isn't it? Or is this not even applicable?

Thanks a lot for responding once again.

Do you or anybody have recommendations of Lawyers?



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xbohdpukc01-09 02:11 PMwhy are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.

as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?

For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....

legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.

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morchu04-23 12:32 PMDo not assume things. I had waited for my LC approval more than probably the time you spend in college. So dont even go there. Anyway I chose to remain anonymous, and I will remove all details from my profile.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.



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gc_chahiye07-11 08:03 PMWhat I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

Does that make sense.?

I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).

One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...

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wandmaker07-23 07:44 AMAll,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai

(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.



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gcfriend6512-06 11:07 AMDoes anybody know what date NSC is processing APs for July-August filers?

NSC people have gotten 3 copies. but I think both TSC and CSC people have gotten only 2 copies. There is no need to worry I guess.

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pd_recapturing09-04 10:33 AMI-485 with EB2 PD Sep 06 send on July 18. Once I receive the RN, I will apply for I-140 with EB2 PD March 2003 and request to transfer my pending I-485 application to the newly filed I-140 petition since my PD is current in September.
So your new I-140 has not been approved. Would you wait for it to get approved or you will request interfiling while applying 140?



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ilikekilo06-07 05:45 PMI am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)

(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.


So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

So all the I-140 filed on of before Effective date are considered as pending!!

I don't know why even lawyers are getting confused here!:confused:

ok veni..stop geeting surprised and pl contribute for your sake

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NKR03-06 04:21 PMGuys:
Everyone is talking EB2....what are the prospects for EB3 - India??

Is it going to move forward..??

Good Luck..??
2002

Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.

As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.



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GC_1000Watt05-21 01:25 AMGet HDFC receipt
Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
2 days after the receipt was issued, take appointment (online).
Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
Appear for interview

You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.


Thanks krish for the detailed answer. Btw when Ds 156 and 157 will come into play?
Can you also share your mumbai consulate experience if you were there recently?
Thanks dude!

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chris11-19 02:27 PMI (we) know that they dont have proper system to pull the files based on PD/Country/Category etc.

Looks like they openly agreed that, Cant believe it. :eek:

http://www..com/discussion-forums/i485-1/244625389/last-page/

Please anyone find the official published link or verify the source this news.



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bskrishna06-09 11:49 AMThanks a lot for the VISA issue....

Cant i travel via Germany to India with stolen visa issue ?

Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow

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chi_shark09-04 12:12 PMTell your friend that it will be more fun to watch grass grow than filing for gc...

just kidding... if he just needs I-140 approved so he can continue to get 3 year H-1 extensions, then its a good idea to start PERM.

One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

Thanks you for your time.

His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

Thanks
-M



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duttasurajit10-18 02:22 PMI did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.

I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.



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globaldesi05-14 10:25 AMMy HR notified me yesterday that they have received the receipt for my H1B. Thank God! Good luck to everyone awaiting a response.

Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No



rockrocky01-14 10:53 PMI have used Hopeforhaiti.com to donate.
it is truly heart breaking to see the footage of the aftermath. I hope God gives them strength and courage to deal with the situation and the country rebuilds itself.

~R



helterskelter06-23 08:33 AMRegarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)