Thursday, June 23, 2011

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  • octoberbloom
    12-28 11:39 AM
    Omm,
    I dont think you need to worry much since you might have just started your GC process and you have not filed your 485 yet. If I am in your situation, I will definitely go for it if its a real good job and if thats what I have been waiting for. May be you can restart the whole GC process.
    Nothing is certain in the GC process. Find a right job and then start your GC. That ways even if you are stuck for several years, you dont need to go find another job.

    n2b,
    I hav seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.

    Thanks





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  • morchu
    08-01 09:58 PM
    The key is that....there should not be substantial difference in the job duties and the responsibilities.

    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!





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  • mmj
    04-22 10:34 AM
    Thanks hiralal for keeping this thread going - Whats up people - This is the simplest thing that you can do for yourself.

    bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways





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  • pani_6
    05-30 10:07 AM
    I applied on May18 for I-140 and will be applying to I485 soon.. and would get EAD...so what happens to EAD and AP...I cant beleive they are
    waste..Probabaly people with pending I-140 will be subject to the new systems..??..what do you guys think??..Its not pratical to drive people down the Queue again..



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  • bugmenot
    04-08 07:42 PM
    ive heard that the masters quota got crazy full coz lots of student used desi consultants to get mulitiple employer petitions and flooded the masters quota
    :mad:





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  • techysingh
    01-17 04:24 PM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
    can you send me a copy of what you wrote so i can also do the same!



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  • abcdefgh
    03-21 11:59 AM
    I will be availble to meet NJ lawmakers, Please guide.





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  • uma78
    02-10 06:21 PM
    Guys,

    I got this email from USCIS for me and my wife application, what does it mean? Thank you in advance:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: WACXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)



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  • wahwah
    06-05 12:46 PM
    (d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.



    According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.

    Now it appears, they would require an approved 140.





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  • Edison99
    08-23 11:50 AM
    Thanks for the great suggestions!

    When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).

    What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.

    Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -

    1. Interfile is a tricky process. If you could avoid it, avoid it.
    2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.

    Negative point of this route is - you need to make a trip to your home country on a short notice.

    Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.



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  • Munna Bhai
    05-14 10:04 AM
    I read somewhere and thought to share it...anyway I feel very sorry for you

    When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.

    Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!

    That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!

    With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.

    Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.

    The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.

    In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.

    This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.

    Just to make our last days together bearable I accepted her odd request.

    I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..

    I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.

    On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.

    On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.

    She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.

    Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.

    But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.

    She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.

    Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
    'I'll carry you out every morning until death do us apart'

    The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!

    If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.

    Relationships are made not to exploit, not to be broken.
    We teach some by what we say
    We teach some more by what we do
    But we teach most by what we are


    You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.

    Don't preach...if this is your life..keep it with yourself..others have other reason to move forward with their life..no one has asked for any advise..just answer his questions..





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  • aadimanav
    08-22 02:06 PM
    No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.

    For folks wondering how I came to the 816 visa number

    Total GC available = 140000
    7% country limit = 9800
    split for EB3 = 3266
    spread for each qtr = 816

    Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.

    and 816 are not primary applicants.... there are spouse and kid(s)...



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  • rkgc
    05-30 12:01 AM
    Done, thx





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  • abhishek101
    11-02 11:33 PM
    Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:

    Illegals
    Illegals
    Illegals

    I hope Obama looses soon and we have some sanity of law



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  • LostInGCProcess
    11-02 02:33 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

    However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

    By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



    ______________________
    Not a legal advice.
    US citizen of Indian origin


    You are the best!!! You are like the last word one could rely on.
    Big fan of yours!!!





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  • chanduv23
    06-20 02:41 PM
    This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.

    Desi companies - HIGHLY ADVISABLE TO USE UR OWN LAWYER AND DONT LINK LAWYER AND EMPLOYER - THEY HAVE TENDENCIES TO BECOME BUDDIES BASED ON BUSINESS PROMISES.

    TAKE ALL DOCUMENTS FROM EMPLOYER AND GIVE TO LAWYER. U MAINTAIN UPPER HAND WITH LAWYER.

    485 RFE IS COMMON FOR EMPLOYER- LAWYER COMBO OF DESI COMPANIES.

    Lawyer needs money and employer needs prolongation.

    With rules changing and with CIR reintroduction and with Durbin Grassley amendments - Desi companies will be having tough business in future - they will try to retain consultants in whatever way possible. So beware. These people are sweet in their talk - but they do everything opposite to what they talk.

    This maybe applicable to non desi companies also - this dates becoming current is an acid test for employer's genuinity.

    So be cautious - watchful and get things done in smart way. 180 days down the lane the story is different.

    These are priceless advices :D :D :D



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  • spdy_mn
    06-26 02:59 PM
    Go to motophoto. You can find a store nearer to you at this website. www.motophoto.com (http://www.motophoto.com)The are in the photography business and have all the specs for different immigration and passport requirements. They are not like walmar, walgreens or Costco whose primary business is not photography.

    The price may be a little high or may be not but you get the right stuff.





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  • wolfpok
    01-20 09:26 AM
    Our letters are in the mail. Updated the poll yesterday. Who is next? :)

    pok





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  • whitecollarslave
    02-12 05:10 PM
    Hi all,

    Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.

    He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,

    I am going to call IRS after feb15, but is he going to go to court?

    Please suggest me.

    Thanks

    You are not responsible for his losses unless your job duties were to collect payments from the vendor.

    Did you not give him any notice at all? When did he find out that you were no longer working for him?





    lazycis
    11-30 01:30 PM
    Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!





    webm
    10-30 03:01 PM
    PD: EB3 ROW, Apr 2004, Current now
    I-140 :Approved on Mar 2006
    Invoked AC21 on September and sent all necessary docs. No LUDs then.
    I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).

    Now check this out:
    Soft LUD on I-140 on 10/15/2008.
    Soft LUD on I-485 on 10/24/2008.
    Soft LUD on my spouse's I-485 on 10/27/2008.
    Soft LUD on I-485 on 10/29/2008.
    Soft LUD on I-140 on 10/30/2008.
    Soft LUD on I-485 on 10/30/2008.

    I am clueless! Somebody please help me! :confused:


    good luck for you!...looks there might be some activity going on with your case or it could be a just routine update..we never know..keep hope.. :)



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