Sunday, June 19, 2011

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  • fromnaija
    06-01 03:18 PM
    That means your son is also able to file 485, right? In that case he will not age out once an AOS is submitted for him. I am assuming your 140 will be approved before he turns 21.

    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • Pallavi79
    09-13 10:06 PM
    Eb2 people are highly qualified compared to EB3. I encourage EB2 people do the following before taking the action against eb3 to eb2.
    1.Get more GC numbers.
    2.Upgrade your self to EB1. So that you can get visas immediately.
    3.Fight for GC approvals in FIFO order.

    If you ignore above issues but focus on Eb3 to Eb2, you are definitely from EB2 and you want to fight for your own GC. Nothing else matters to you.




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  • learning01
    04-25 05:18 PM
    Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.

    Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
    Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
    This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
    These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.

    I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.

    1. Priority date should be date when the person enters the country.
    2. The person should have paid taxes consecutively for n years(n=3.4.5...)
    3. This should be applicable only for H1 and not for any other visa categories.

    If the above is not possible, then

    1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.




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  • bharol
    07-11 01:14 PM
    This bulletin does prove that very few labor certificaions were done in 2005, due to move to PERM.

    And those who had applied in PERM in 2005, got their GCs already..
    I know a few who applied in PERM as soon it was introduced and got their
    GCs last year.



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  • desi485
    11-25 07:21 PM
    Sir,
    Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?

    Thanks,

    Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!




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  • chanduv23
    05-15 10:23 AM
    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks

    I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.

    First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.

    In your case, i think, you also have to at the least send an email to the Ombudsman.



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  • isedkeem
    03-06 10:11 AM
    Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
    If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
    Good luck!

    Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.

    It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.

    We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.

    If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?

    I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.




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  • Totoro
    05-02 09:25 AM
    Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.

    On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.

    Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.

    "Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."

    I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.



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  • vinabath
    07-20 12:44 PM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)

    I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.

    After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.




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  • new2gc
    08-13 11:49 AM
    Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.

    They will bring/hire more resources to near shore (if not onsite) Brazil/Canada to satisfy clients...This year the demand for H1b is around 25K.... next year that may go down to 10-15K... good for future EB -AOS applicants.. :-)



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  • hopefullegalimmigrant
    12-28 09:06 AM
    Unfortunately this is not necessarily true. My receipt date is Sep 18. That is the reason I am asking around.




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  • PD_Dec2002
    06-02 10:12 PM
    Canadian_Dream, I think your interpretation is wrong..

    ------------------------------------------------------------------------
    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.

    -------------------------------------------------------------------------

    I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)

    java_jaggu :

    yes, we both are saying the same thing.

    Thanks,
    Jayant



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  • Almond
    12-10 04:45 PM
    Ugh, I want to cry right about now. :o




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  • GC-Italy
    03-11 03:47 PM
    Something just popped up from my family.
    I filed concurrent 140-485-765-131 in Nebraska.
    DHL delivered the package on 1st of february.
    My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
    My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
    How can I try to expedite without a receipt number?



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  • sundeep14
    06-11 10:33 AM
    this really sucks !




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  • swede
    04-07 09:30 AM
    Wow. That must be a record...:eek: Maybe you should call Guiness World records, and claim the title "slowest Green Card process in history". ;)

    My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o



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  • kalyan
    06-11 08:22 AM
    Particularly elimination of LC substitution and elimination of concurrent 140 & 485 are good things to come in the forseeable future.

    Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.

    If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process

    We need to change.




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  • BharatPremi
    04-16 02:22 PM
    Yes, my status is changed to 'RIR-In Process' from 'TR-In Process' on 04/13/2007. Victim of PBEC

    - BharatPremi
    EB3-state:MA-PD:July'2003- Original TR-NowRIR


    Anyone has their case converted to RIR recently at PBEC ?

    Mine pending since Jan 2007.




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  • srinivas06
    09-10 05:03 PM
    Hello!

    If possible can you allow people to donate any amount they want?

    I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.

    My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.

    Thanks and Regards




    amsgc
    06-08 10:47 AM
    ^^




    Green.Tech
    05-28 08:32 PM
    Keep 'em coming!



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