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  • JunRN
    12-18 07:55 AM
    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.





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  • diptam
    08-01 10:34 AM
    I know we are just narrowly thinking about 485 for the retrogressed battered world but they are taking big picture :)

    whatever it is - we have to wait with patience for atleast another month


    The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....





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  • asindu
    07-14 06:57 PM
    Its not only for illegals but its also for kids of legals that aged out due to retrogression or backlogs in visas...plz don't be selfish with view points like "it doesnt help us so im gonna oppose it"....instead help the children who aged out due to the visa backlogs!!! Read what Greg Siskind wrote:

    FYI - You can read the bill at http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: . Note that it applies to kids who entered illegally and kids who entered legally but became illegal later.

    On the 245(i) question, unfortunately I have heard nothing about this being reintroduced any time soon.

    Posted by: Greg Siskind | July 14, 2007 at 05:24 AM





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  • AgentM
    08-27 09:35 PM
    Do we have to attach photographs when we e-file for AP ?



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  • yabadaba
    12-13 01:27 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.





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  • Ramba
    04-13 05:21 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)

    Few more lessons are..

    1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
    2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.



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  • imm_pro
    06-12 11:02 AM
    Nothing on CSPAN related to this yet..





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  • Ramba
    02-20 10:16 AM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.



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  • prince_waiting
    05-18 12:48 PM
    Quotas are exactly the reason I cannot go back to India ever...I absolutely hate them....There is already classification under EB category....BTW I have a MS in EE from Auburn University....Best bet for us is lost visa recapture.....





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  • Jaime
    08-31 05:10 PM
    There are hundreds of thousands of us, stuck in retrogression! There's no excuse not to bring 10,000+ to the rally! Let's think guys! Let's promote the rally more, talk to all your friends, visit blogs, univeristy international associations, etc and spread the word! Let's sponsor people, invest our finances and our time. If there was ever a moment in our lives to do this it is now! Once you get your green card you can go and start your company and be a millionaire if you want. Right now we have to suffer, give our money, time and effort and bring LOTS of people to Washington! Illegals did it for God's sake! Let's GO!!!!!!!!!!!



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  • new2gc
    06-01 11:16 AM
    Voted Aye!





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  • Siboo
    07-27 04:22 PM
    Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!

    Guys....please say....well said (pat on my own back)

    Well Said Kumar, Keep it up :mad: :mad:



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  • rsrikant
    08-10 11:37 AM
    ha ha ha.... authorities won't do anything...
    it was legal till jul 16th.... i think you are not aware of it.

    good thing here is, LS is no more possible.. we should be happy about it.

    I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.





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  • SkilledWorker4GC
    07-08 05:15 PM
    Ofcourse at first they will say its a crazy idea and wouldn't have any impact.
    But got to try atleast and try to convince them
    Efforts have to be collective. Try to get supporrt from coworkers, friends - ask them for a honest opinion and see what they have to say



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  • howzatt
    07-19 09:58 AM
    The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.





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  • chanduv23
    06-20 02:53 PM
    If you can get employer verification letter stating that the position is still available for you and your salary, then file I485 yourself.

    G


    Maybe he should just make it up if he has the letterhead ??? U know whhat I mean



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  • India_USA
    04-21 01:46 PM
    Scott Washburn: New Immigration Bill Not Going to Fix What Ails Arizona (http://www.huffingtonpost.com/scott-washburn/new-immigration-bill-not_b_544944.html)

    Arizona is at ground zero of our broken immigration system.
    People are frustrated and want action.

    Action feels good. We see a problem and we want to fix it. We write and pass laws that seem like they'll do the trick: punish people who break our laws; deport people who don't belong here. Except sometimes what looks good and feels good, isn't always good. We end up with reactionary laws that waste precious resources and do nothing to address the source of the problem.

    If signed into law, the bill would shift the burden of enforcing immigration laws onto the shoulders of cash-strapped local police departments who cannot afford unfunded enforcement-only mandates. It would exacerbate community tensions and undermine community policing and public safety by making immigrants afraid to cooperate in police investigations.

    Most tragic of all, the state would be forced to waste millions to defend itself against the civil rights lawsuits that will rightfully follow. Similar ill-advised anti-immigrant laws in New Hampshire, Pennsylvania and Texas have been struck down by the courts at great expense to taxpayers. With a record budget deficit, does Arizona really need to spend another dime on enforcement strategies that will do nothing to solve our immigration crisis?





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  • satish_hello
    10-02 04:31 PM
    I am still waiting for FP notice, i got my EAD/AP/RD, for both of us.

    It was filed @ NSC on July 6th, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.

    - satish





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  • rajev_kk
    08-09 08:01 PM
    http://www.murthy.com/bulletin.html

    Miss. Murthy reports that LS was rejected for some folks.

    How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?





    prem_goel
    05-29 09:44 PM
    Guys, along with the vote, it'll help if you post some comments too! You may have to register but its a 2 min process. I am hoping this gets seen by the people in .org.





    pooja_34
    12-22 02:59 PM
    Still have not updated priority date --- You dont take directions well --- I guess its difficult when you are a moron :)

    Post your address - lots of people will come to your home and will do it for free...



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