Friday, June 17, 2011

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  • optimystic
    03-19 03:13 PM
    Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.

    Sure, but Nebraska, where my case is at, has a processing date of July 30 07, same as my receipt date. So I assume they must be processing cases that are filed on the same day as mine at this point. So at the most the number of cases before mine is the total number of cases filed on the same day as mine at the Nebrasks service center , right? I mean it could still be a huge number of cases, but they have been on July 30 date for almost a month now. I hope they are getting close to my case.

    On a side note, do these Processing dates also retrogress? When are they updated? Along with Visa bulletin updates?




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  • TomTancredo
    03-16 04:33 PM
    I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.

    On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)

    On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.

    I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.

    If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.

    Let go of the negativity. Do it.

    Good luck.



    There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..

    I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..

    This is my view with 2004 PD :)




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  • swartzphotography
    November 24th, 2005, 11:03 PM
    well the short answer is i like the light picture better. now i am sure that is not all your after is which one but also why. to me the photo is just jumping out at me more dark images have there place but for this particular type of image i think the lighter pictures lend better to flowers




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  • gsc999
    04-18 09:39 PM
    I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.

    Any way, pack your bags or wait for ten years.
    --
    Patience my lovelies. This may be the calm before the storm, who knows.
    Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07



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  • newuser
    02-17 07:54 AM
    Hi Everyone,
    I am relatively new to this forum and for the first time, I attended the conf last night and happy to see many people coming forward and discussing the immigration issues. I learned a lot about what IV is trying to do and would like to help IV any possible way by spreading the word.

    As discussed last night, I will print out of the flyers and put them inlocal grocery stores and temples.

    Best of luck to everyone.




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  • santa123
    08-15 07:21 AM
    Welcome back vdlrao...
    what does the SEP VB indicate to you?
    you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?

    We IVians look fwd to your analysis and insight. Thanks!



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  • suren26
    07-24 12:40 PM
    Thank for reply.
    I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
    Received the I140 appeal receipt waiting for I485 appeal receipt




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  • eb3_nepa
    04-27 06:12 PM
    Not sure if this has been posted before. If not here goes. This is on immigration-law.com.

    Does IV know anything about this?

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
    <br><br>

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.



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  • cgs
    11-21 09:19 AM
    just sent a mail to cbs.




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  • espoir
    06-21 05:56 AM
    As per my understanding, once you have a receipt notice for EAD and/or AP, it will be processed completely. Approval/rejection of EAD/AP is NOT linked with visa number availability. Many are under the misconception that they won't get their EAD and AP if the PD dates move back.
    Given the current and anticipated volume, one should expect delays in processing times.

    IN the same context, how about EAD.

    If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...

    I guess what I want to ask is that is EAD linked to PD date ?



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  • wahwah
    09-27 01:19 PM
    what you're describing is day trading but you will only catch the eye of the IRS ONLY if you're making $50K of above in profits or you're buying and selling $100K of shares in short period of time....in other words, any amt that is more than your salary.

    buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.

    i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.

    i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.


    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya




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  • Brad
    May 23rd, 2005, 01:47 PM
    Hey, good job on these photos. I've been down there before and I've noticed that you really have about a 10 minute window just after the sun comes up and before the sun goes down when the light pulls out details and colours out of the rock that you never saw before!



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  • vxg
    09-08 03:01 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.
    Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
    I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.




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  • saimrathi
    08-10 02:45 PM
    \/\/\/\/\/\/\\/



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  • fromnaija
    08-04 12:43 PM
    How did your wife obain the second AP while outside the country? If you applied and got the second document whilst she was outside the country then logically it is invalid.




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  • radhagd
    03-09 04:01 PM
    There is no premium processing for Labour. but you can premium process your I140 and file I485 together since your dates are current. The reason why I suggested Consular processing is because it will be much faster like within 6 months you will get GC.



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  • se_vnt3
    02-24 03:41 PM
    To whom it may concern, please, help us. Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we�ve based our lives on � the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug convictions amounting to possession of more than one count of 30 grams of marijuana. It�s Immigration law�s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug charge(s) of possession of more than one count of 30 grams of marijuana. Not only are Andrew�s(my son) and Thomas�(my husband) needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?

    I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty and unpopularity among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S.. I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America. I believe a Waiver should be available to me for my deportation charge including possession of more than one count of 30 grams of marijuana so my husband and son can claim me and I can immigrate to the U.S.. But immigration law only makes such a Waiver available to Foreign Nationals who wish to travel to the U.S.(and who also have the same charge as me: deportation including possession of more than one count of 30 grams of marijuana). My husband�s and my son�s Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. Please, help bring justice to these afflicted, we need your input. How should we proceed?




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  • seeking_GC
    07-18 08:13 PM
    Hi,
    I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??

    Anyone any thoughts???




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  • jsb
    10-26 11:10 AM
    You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

    I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....

    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).




    arihant
    05-23 06:54 AM
    As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.

    My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.

    Any thoughts or comments?




    ARUNRAMANATHAN
    06-11 03:03 PM
    Is there reason you say that I cannot port the PD ...? Please explain.

    Arun


    You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

    This is just my view. There might be better ways but, that is the only one I can think right now.



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