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  • angelfire76
    06-09 10:53 PM
    Just hot gas...nothing more.
    It is not going anywhere. The message is clear. People of color are not welcome, specially INDIANS, and now looks like Chinese too.

    Do you know how many people from S. Korea, Japan and from Africa apply for GC? You are making an extremely pre-mature and rash statement which might alienate what's probably the only developed country in the world which is still not hostile to people of color.

    If EB3 is moving faster than EB2, then you can figure out why I'm sure. Don't blame the porters, blame the system.





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  • Googler
    02-21 01:26 PM
    So now they want to revise that Q&A! ;)

    See http://www.aila.org/content/default.aspx?docid=24696

    "February 21, 2008
    USCIS HQ has informed AILA Liaison that the February 19, 2008
    Questions and Answers on its FBI name check policy have been
    withdrawn from the USCIS website for revision. An update of the Q
    & As is expected within a few days."

    Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.





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  • myvoice23
    07-20 07:27 AM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.


    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.





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  • texcan
    02-23 08:17 PM
    I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."

    I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?

    Thank you!!

    Sending joint tax filing for few years can be used as secondary evidence.



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  • looivy
    01-21 12:43 PM
    Mailed letters for me and my spouse today to both IV and White house....

    IV members, please don't delay - send yours as soon as possible.





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  • copsmart
    02-21 10:01 AM
    Interesting!!!

    So, did you get your Green Card after that visit? Or Are you still waiting?

    Your profile still shows I-485 as your processing stage, so I wasn�t sure.

    It was in sept 07.



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  • ksircar
    07-28 03:54 PM
    Ignore it. Even I had the same problem. Goahead and certify.

    I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.

    Dos anyone has any idea?

    Thanks.





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  • wellwishergc
    04-10 09:02 PM
    I agree with bharnik..

    Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.

    So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.

    I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.

    It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.

    IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.

    Bee:

    Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.

    Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.

    I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.



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  • eagerr2i
    12-20 01:14 PM
    No, only allows people on H4 for more than 6 years to get a H1B of their own for 6 years or until their spouses EAD/GC's arrive.





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  • Humhongekamyab
    02-21 12:55 PM
    Thanks for the reply...
    Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
    Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?

    Don't let him come to your house w/o your attorney being present.



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  • yabayaba
    08-23 11:28 AM
    Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.

    Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.

    What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?

    Thanks





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  • Mr. Brown
    11-30 12:29 PM
    BIG Thanks for the report!

    I wonder how the following calculator results would change (if they'd change i.e.):

    http://immigrationvoice.org/tracker/waitimesUSCIS1.php
    http://immigrationvoice.org/tracker/waitimesUSCIS2.php


    Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.

    Immigration Voice is releasing the analysis of the information for the community. You can view the report at

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36


    We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.

    Team IV

    Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.

    We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.



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  • mbartosik
    02-24 01:20 PM
    my total now 93 plus a small pile at work uncounted, so will probably break 100.





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  • desighee
    01-04 10:10 AM
    yes don't wish for two wives.
    One wife itself is sufficient to cause life long agony and u r wishing for too!
    Indeed a brave fellow and should be given a GC on national interest waiver



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  • Jimi_Hendrix
    12-30 01:08 PM
    Andy,

    Did you mean September 2005 bulletin?
    Now I assume there are 10,650 visas per country available from October 1, 2006; why the hell have priority dates for EB3 India moved by only 3 weeks? This is absolutely ridiculous.





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  • pbojja
    10-21 03:28 PM
    Despite of my request on RED dots and interpretation issues,

    Some one gave me a RED dot for this posting. It is as follows

    1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))

    Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.

    We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.

    We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).

    Core member do some thing.

    This is a great website and you can really find very good advices related to immigration issues ..How ever there will be people who interpret the questions differently and react differently ..That does not mean they represent IV .

    I m not defending any one but When it comes to your question ..its more like a personal question than a immigration question ..I choose not to reply when I see these questions ..some of them react postively and some of them negatively ..some may think you are playing here and give a red or nasty comment ...



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  • pd_recapturing
    05-12 05:34 PM
    Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
    I liked the "Filing Fee Not enclosed" part. How did you manage to open an MTR without attaching a fee check? Please let us know. Ideally, we should not attach fee with MTR for such cases as these are USCIS errors.





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  • hazishak
    07-31 11:21 PM
    I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.





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  • conundrum
    08-22 02:16 PM
    Are you referring to an 'Online' degree by any chance?! Please tell me the name of this University where you get a M.S. in 3 semesters...
    Thats about 27 credits to get a Masters degree.. insteresting. No wonder they will never pass this bill into law.

    The assupmtion of 27 credits is wrong. You could take 4 - 5 courses a sem (about 12 -15hrs, the way undergrads do) and finish the MS from any good school that way in 3 sems if you are really into it.





    arunmohan
    03-21 12:15 PM
    I am available to meet lawmakers of AZ.

    I will request to members of AZ to respond me.





    OLDMONK
    06-26 03:17 PM
    My experience with Picture People was ok - fair, I guess those are fine pictures as per USCIS specifications, but nothing out of the ordinary. 14.99 for a set of 4 pictures. Set me back about $80 for 3 sets of 8 pictures.

    But my own pictures came out better and are as per specifications. The question is whether to take a chance in case i missed anything or to go with Ok-Fair pictures from Picture People. decisions.. decisions... damn.. retrogression

    and of course most portrait studios would guarantee acceptance else will give you a refund or take pictures again for free in case of an RFE.



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