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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005


    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

    I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?


    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.





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  • god_bless_you
    12-04 07:05 PM
    India has PPF/PF and that money will go in you PPF/PF account, its not a black hole, infact it pays the highest interest and its secure. its very easy to get money out of your PF account. i took it out of my PPF account before i came to the US and promptly spent all :)its another topic that SS repatriation will never be approved, especially retroactively.
    I do not know in which city of India you took out your PPF.,
    But I heard you have to pay atleast 5% to get PPF back in Hyd.,
    Hope corruption will not be that high by next 20 years in India!!





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  • Jimi_Hendrix
    12-13 12:51 PM
    Hey brother,

    I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.





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  • shivarajan
    06-10 05:11 AM
    Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?



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  • Ram_C
    11-19 01:43 PM
    I am sorry to hear that USCIS has messed up your FP appointment.

    When (what date) did you get a notice from NSC saying that your I-485 is now transferred into NSC and now pending from processing?

    I never received a transfer notice from NSC, however my wife received a transfer notice long back (some time in Sep')





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  • ras
    05-30 03:25 PM
    Voted yes on the link



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  • saimrathi
    07-06 02:20 PM
    http://video.msn.com/v/us/fv/msnbc/fv.htm??f=00&t=s51&p=hotvideo_m_edpicks&g=7853b68e-39c1-4da2-a3ce-91f2915adc79

    Brian Williams is off tonight





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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • sumansk
    07-27 04:21 PM
    I must say I haven't seen so many interesting !!! people at one place....AMAZING ..Please send one to Bush Bhai...May be they will consider yours a special case and immidiately grant you GC...you are one really SMART...:D :rolleyes:





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  • lj_rr
    08-25 06:24 PM
    485 and 1st EAD/AP filed at TSC in July 2007

    Paper Filed EAD and AP Renewal for me and spouse on 7/1/08

    NSC Receipt Date:7/2/08
    EAD Approved:8/18 (There was no FP)
    AP Approved:8/20
    EAD Card Received: 8/23 with 2 years validity from date of issue(not from date of 1st EAD expiry) .Lost only 1 month though.



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  • heywhat
    06-18 06:07 PM
    bump





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  • eilsoe
    02-17 01:12 AM
    I dunno, but we're on the main page now :beam:



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  • desigirl
    01-28 12:02 PM
    Immigration fraud: Indian consulate comes to rescue duped students in US - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/immigration-fraud-indian-consulate-comes-to-rescue-duped-students-in-us/articleshow/7375819.cms)





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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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  • snathan
    06-22 12:35 PM
    come on guys....





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  • jonty_11
    01-31 12:52 PM
    Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.



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  • singhsa3
    02-12 12:11 PM
    Unfortunately, this will require change in Law and is not an Admin Fix
    I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD

    Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.

    Thanks





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  • yabadaba
    05-22 03:04 PM
    seriously...quit your job and work at a gas station for a few months...u will be all set





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  • Hello_Hello
    10-29 01:50 PM
    No sir.
    USCIS has been publishing, the total number of application for all kind of services have been falling sharply in last 2 years. This is plain harassment and nothing else. I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
    Just my Honest Opinion.





    minimalist
    10-23 10:31 AM
    All the people who crib about red dots: There is nothing IV can do about it.
    This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.

    Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.

    Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
    Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?

    Think about it people.

    With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
    Just kidding. As you guessed, things are a little slow at work today.





    ramus
    06-27 08:39 AM
    If you really looking for long term solution then you should focus on action items that core members asking us to do...Have you done any of these?

    members will file 485 whenever they can and whenever they want to. I don't think even single person should buy this idea.

    Sorry not mean to hurt you but this is just bad idea.


    Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)



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