Monday, June 27, 2011

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  • kshitijnt
    05-09 10:16 PM
    The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)

    Sending poorly drafted letters may not speak well of our community please

    Regards,

    Saptaswara

    Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?




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  • ChainReaction
    08-14 09:22 AM
    My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.

    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:




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  • adusumilli
    09-13 07:12 AM
    mailed on 2nd july received 3rd july notice date 10th sep sen to Nebraska receipt number from Nebraska. delivered at 11:14 am on July 03, 2007 and was signed for by F HEINAUER

    Thanks
    Gopi




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  • franklin
    07-05 11:06 AM
    Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.

    Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all



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  • bitu72
    05-27 08:00 PM
    not sure how many people did it but its very important that we do this




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  • saudoso
    12-17 11:17 PM
    I've started half fantasizing, half planning a better life outside the states. I think of everything in my life that could change for the better: more vacation, more travel, less of the neurotic american fear based mentality, more sun and summer, more time closer to my home country and relatives.

    I plan to stay here for the long haul, since I've been with my american life partner for 8 years (no GC for gay couples, though!), own property here, etc. But it helps with alleviating feelings of depression to remind myself that I actually do have options in life, and that I am not just a victim of an unfair immigration system.



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  • trueguy
    07-25 11:49 PM
    Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)




    http://immigrationvoice.org/forum/showthread.php?t=20452


    Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........




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  • flresident
    08-18 10:45 AM
    Hi,

    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008

    That was pretty quick.
    Funny part is, I haven't received receipt notice yet.



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  • anukcs
    09-30 03:13 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!

    Thanks for the info. How early we should renew the EAD? TIA. anukcs




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  • SKK2004
    08-25 02:08 PM
    Thank you, texcan. FP may not be requierd for EAD renewal or first-time EAD? Mine is first time EAD. So, eseentially no FP yet for 485 (filed August 07) and first time EAD (this August)!

    Thanks again!

    Congrats on EAD renewal. Enjoy and relax; please donot get in habbit of worry for anything and everything.

    Anyways, paper based ead renewal donot require finger prints. Search the forum, this has been stated many time.

    chill



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  • eb3_nepa
    08-18 01:47 PM
    Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!

    Well said!




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  • rick_rajvanshi
    07-22 01:19 AM
    Hey guys

    My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!

    I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?

    Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?

    -thanks.


    I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.

    Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.



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  • Ramba
    07-28 12:08 PM
    I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!

    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.




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  • iambest
    03-26 02:13 PM
    My PD of Dec. 2004, I think it will be late 2010 before I see my date current. I hope we atleast see May 2007 visa bulletin dates in May 2008.



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  • GC_Fever
    09-14 06:17 PM
    Just for everyone's info, I received all my receipt notices(485,EAD,AP) today including for my wife and son. Applications were received at NSC on July 3rd and finally transferred to TSC because my I-140 was approved from there in Nov 2006. I saw a LUD on approved I-140 on 8/5/07. My checks were not cashed until 8/31 when my attorney last checked. My guess is that these were cashed around 1st week of sept.

    One important thing I want to mention that my attorney hadn't filled in my A# from I-140 into I-485. He entered it as "None" and I was worried of any negative effect, but USCIS correctly figured it out and mentioned this no. on all my receipt notices.

    However, they mixed up the nos. for my son and wife's receipts. My wife's 485 receipt has my son's A#. My attorney went ahead and contacted USCIS right away.

    I hope everyone get receipts soon.




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  • lutherpraveen
    10-08 12:15 PM
    Same here. No update. Same parameters as yours.
    I am still waiting?



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  • GC08
    07-08 08:28 PM
    140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
    < 40K GCs were available on June 12 2007: all categories were current.

    If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.

    If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.

    Sounds like either way, they were wrong. :cool:




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  • pitha
    07-08 11:08 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.





    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.




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  • newuser
    05-09 08:43 AM
    E-mailed the letter to white house.

    http://www.whitehouse.gov/CONTACT/




    kg318
    04-22 05:37 PM
    Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.

    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!




    unitednations
    03-08 06:41 PM
    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.


    I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.

    btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.

    Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).



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