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  • rajeev_74
    04-25 05:27 PM
    1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
    to change the Priority date from the date of application of Labor to date of filing H1B is?

    2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
    Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
    Ans 2) It should be applied to new AOS applications only.




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  • addsf345
    11-10 02:27 PM
    Chandu,

    Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.

    I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.

    this is quite interesting and a big relief if true.

    Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)

    I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.

    "An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."

    Good find desi485, gave you green!

    Can any one else confirm this? Is there anyone who have discussed this with their own attorneys? or have first hand experience? Please share with rest of the IV community. I am specifically worried over if I will be able to continue working for new employer on EAD in above unfortunate scenario????

    I am planning to join govt agency which is not ready to file for H1B, and also going on unpaid leaves may not be an option as well. Should I take this risk?




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  • vpadman
    01-04 09:27 AM
    Has anybody called the USCIS customer service number regarding AP ?

    If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?




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  • harivenkat
    08-12 11:23 AM
    this seems to me ... the master stroke in using documented as weapon towards undocumented ...eventually getting rid of both weapon and the target ....



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  • jonty_11
    09-10 12:57 PM
    i predicted this....- retrogression again......

    This was bound to happen....we need legislation ...not monitoring these forumsin hope that dates will move...




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  • Macaca
    09-12 04:45 PM
    Illegal immigration (of course) is really hot in the VA area. They have had rally's and other events that were reported on front page of Washington Post.

    I am locating those reporters. It would help if we read those articles and write something based on the content. Something like: since you reported their rally, please report ours.



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  • chanduv23
    06-10 10:48 AM
    Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.

    Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.

    There are reasons we MUST NOT do anything like that. Lobbying works on the long run. These days lawmmakers are more informed about the situation and it is just a matter of time.

    Do not lose hope - we will succeed.

    Please convince your friends and coworkers to make phone calls and visits to law makers offices.




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  • shareef142
    08-02 05:40 PM
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.



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  • she81
    08-13 04:39 PM
    EB3 is totally doomed. They are not even approving 140s for EB3, visa number issues come later. Although I've been doing it, I seriously didn't come here to spend my time writing letters just to get one simple application processed for which I'm overqualified (I am qualified for EB2, but my company pushed me into EB3). And yes, that doesn't work either. USCIS does have time to draft and send back a reply to the congresman but not to look at my simple and sweet case.

    If they (USCIS) don't know what they are doing, who are we to educate them?




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  • kchakrav
    09-28 08:25 AM
    Came to the US in 1998 Feb.
    Applied for GC under EB-3 category in Jan-2001.
    Still waiting. Next month my date will be current. Keeping fingers crossed.



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  • addsf345
    11-17 02:23 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:

    Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.

    and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!

    lazycis, chanduv - anyone to comment on above new information???




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  • sparuthi
    08-13 05:02 PM
    Yes. It may help, but EB3 is not the one who is going to get any piece out of it, as EB2 is increasing in huge amount. Even if it is CURRENT for 10 years, thats not going to help anyone below that level as everyone will qualify for EB2 in future, almost all the future candidates will have minimum of 5 years experience.


    Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.


    Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.


    I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.
    For EB3 i think there are 3 opportunities.. one pastures are turning green near home and India is not a bad place to be at this time ( i have heard salaries of 30-35L being common these days). thats one.. combined with 1 if the employer agrees (assuming they have operations in india), EB3 can be in india for a year and come back on L1A in an executive/managerial position and get into EB1 (few of my friends have done this successfully)...that was 2... and the last one is try to get into EB2 in the US which can be risky as others have pointed out..

    so choices is there.. one has to be bold to take the step



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  • pappu
    08-16 10:11 AM
    I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
    - AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...

    If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.

    Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!

    hastily, but sincerely,
    obviously

    Thanks a lot for the post. pls PM me your contact email and phone and we will be in touch for help on some cases amongst IV members you can use for your piece.




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  • Kodi
    05-08 03:16 PM
    I'm new to all this. What is the 45 day letter?



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  • IV2007
    04-02 11:20 AM
    Guys,

    I read through all of your posts.

    One question I am not clear is:
    I am on H1-B. I don't intend to change my status.

    I start my LLC & work part time in the LLC on EAD. Is this possible ?

    I am not sure if H1 gets invalidated by doing this. If so, the only alternative I found is hire others to do it or open a partnership LLC.

    Am I correct ?




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  • tinamatthew
    07-23 06:31 PM
    hi fruity..

    we have the same concerns regarding the ds230 approval..

    anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?

    hear from you.. thanx

    It is so sad for those that had the interview in August. How many of your friends were affected?



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  • pd_recapturing
    10-17 10:13 AM
    I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.

    Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.




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  • swo
    07-23 10:58 AM
    Show me the law that says they MUST use 140,000. Sadly, I think you're wrong.

    Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers


    Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.

    Secondly, Change the following:
    1. Allow USCIS to use previous unused EB numbers since 2000.
    2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.




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  • a1b2c3
    12-11 09:47 PM
    for the first time (in 5 years that I have been tracking them) the visa bulletin looks like it was "made in America". The america of old, the one that is so organized that every official form includes an estimated time on how long it takes to fill it up. The one where every street has a clear name marker, every intersection has multiple stop lights, multiple signs. Where the little cats-eyes on the road are color coded[1] Where lines form automagically when a bunch of people converge on anything. Where you can go to any .gov site and pick up whatever statistics you want on anything from agriculture, to factories, to healthcare.
    This is a nation built on documentation and organization.

    For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.

    USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.

    Kudos to them.

    Things remain bleak, but just to see something so neatly organized and put out was heartening to me.

    P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.

    [1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.

    Nice observations.




    vayumahesh
    01-07 11:37 AM
    Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".

    Opened a Service Request early this week and received a reply with the status as follows.

    Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.

    Online/Phone status is still processing .... I have to just wait and see I guess.




    kittu1991
    03-03 07:45 PM
    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.






    Thank's
    MDix


    Even if that is true EB3 row have to be current before EB3 I/C get spillover.



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