יום שבת, 25 ביוני 2011

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  • a_yaja
    09-13 03:14 PM
    Hi pd052009,
    Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
    Thanks.

    To give you an example, consider the following:

    1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
    2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
    3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
    4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.

    Hope this helps.




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  • pappu
    08-15 11:54 AM
    we can ask support from
    http://www.usinpac.com/

    let us register with USINPAC from here
    http://www.usinpac.com/register.asp

    another wikipedia which has lot of info on Indian Americans!!
    check Politics section on this page
    http://en.wikipedia.org/wiki/Indian_American

    another interesting item ..

    Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).

    IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.




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  • rajev_kk
    07-14 08:49 PM
    Mine is a substitution case and have filed for 140. After reading this post, was thinking if I can file for 485. Mine was filed last week and I have not received the receipt for 140 as-yet. Can I ask my attorney to go-ahead and file for 485 even though I don't have a receipt? Is there anything that I should wait for?

    Thanks.




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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.



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  • abhijitp
    07-19 12:57 PM
    Thanks for clarifying milind70.
    Abhijip - We all want to help here but please don't provide confusing info.

    As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
    Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.

    Sorry... I did not know you could file concurrently before PERM came into play. So, does the original poster have to wait for the I-140 receipt? Only then can he apply for AOS using that receipt number? What if he applied for I-140 ONCE more, only this time concurrently along with a I-485? I think you can submit multiple I-140's ... just that you could only premium-process (BTW, no Premium Processing through this month anyways!) the one I-140 that goes out with the original "Labor certification approval".




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  • veni001
    06-07 01:08 PM
    I 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:



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  • viswanadh73
    01-29 01:14 PM
    I applied PIO card for my new born daughter in Dec 1st week and i got exactly in 2 weeks. this is from Newyork consulate.

    yes Minor children are not eligible for OCI if both parents are having indian passport.they have to wait untill they are 18. it is clearly mentioned in the consulate websites.




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  • tampacoolie
    06-30 05:30 PM
    :eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.



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  • bbenhill
    08-05 11:30 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I think you will need to pay USCIS when you apply for citizenship :D




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  • GCard_Dream
    04-23 02:50 PM
    Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?

    The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
    - Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.

    - Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.

    - Some say that it just takes too damn long (over a year) to be any meaningful.

    By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.

    To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
    Now a days it takes time. Almost 3 months.

    URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
    The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

    -Any person has the right to request access to federal agency records or information.
    -All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
    -There are nine exemptions to the FOIA that protect certain records from disclosure.



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  • jay75
    08-08 06:20 PM
    How about extending the poll to include Dec'04 ?




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  • HRPRO
    02-21 09:51 AM
    Jagan,

    If you go in person, the Consular Officer addresses most issues in the afternoon. You could ask for a meeting with him and explain your situation.

    I think this will be the easiest resolution.

    Hope you get your passport soon.



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  • santa123
    09-05 10:51 PM
    How about getting your face changed. That will probably be easier and faster than ask USCIS to fix it mistake. What a great organization!

    LOL!!!




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  • walking_dude
    11-21 11:08 AM
    Your links are working ,despite how they show up in your post. Click on them and see for yourself!

    Let's work for our cause, instead of worrying about what benefits others are getting due to political reasons.

    Cubans are politically active and highly vocal in advocacy of their cause. Are you?



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  • Phaedra
    05-30 11:28 PM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    2)How does USCIS actually track who is employed and who is not?

    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?

    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!




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  • Sideliner
    07-17 07:33 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in..
    I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.

    Good luck.



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  • pappu
    01-14 05:46 PM
    Now, that's a good idea. How about Cutting Permanent Residency Delays.

    18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.


    ===

    http://www.nytimes.com/2008/01/12/us/12citizen.html

    Agency Acts to Cut Delay in Gaining Citizenship

    By JULIA PRESTON
    Published: January 12, 2008
    Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.

    Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.

    The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.

    The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.

    According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.

    “It’s a problem of their own making,” William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. “We kept telling them, there is going to be a surge.”

    In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.

    The agency also received a deluge of other immigration petitions.

    Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.

    Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.

    Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.

    The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.


    Read the people and organizations marked in bold above. They seem to be behind it. It is all about how much you can highlight the cause and lobby for it.

    If we want something like this we will have to work for it too. Each one of us needs to participate it in.




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  • jatinr
    06-02 11:36 AM
    Since you have applied change of status, you are on pending H1B and not out of status. But if your H1B is approved before your L1B expires and has effective date of 1st October, you will be out of status for those 15 days.

    I don't think it will matter as you are allowed to come in US 10 days prior to Oct 1st if you are coming on fresh H1B, although you can work only from Oct 1st.

    So even if you don't file an extension it will be fine, although your last working days with L1B company will be Sept 15th.




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  • yetanotherguyinline
    12-20 06:47 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!



    There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.




    kevinkris
    07-29 10:34 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.




    americandesi
    11-17 03:04 PM
    Why are we always in an approval seeking mode when it comes to U.S? This still shows that we didn�t come out of our slave mentality ever since independence. We are happy whenever something Indian gets recognized in US. We are also happy to associate ourselves with America and call our film industry as Bollywood, Kollywood, Tollywood etc..

    Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.

    Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.

    �Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire



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