Wednesday, June 15, 2011

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  • gcFiler08
    02-15 03:42 PM
    Any news on this bill.




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  • ashkam
    07-27 03:18 PM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.

    Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.




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  • kondur_007
    08-11 09:47 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.

    This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.

    It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.




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  • vnsriv
    07-19 01:53 PM
    I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


    You can file spouse 485 later but not always
    --------------------------------------------------------------------------------

    Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

    EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
    My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
    We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

    Key:
    1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
    2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
    3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
    4. Follow visa bulletin as soon as dates are current get medical test completed
    5. File her 485 (Make sure USCIS receives it after the dates become current)
    (If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
    6. What if you are married before GC approval but get approved before her 485 is filed
    1. Spouse out of USA
    No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
    2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
    File 485 as a derivative no special processing
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


    Please talk to a reputed lawyer before doing any thing.
    My story
    EB3 RIR PD Jul 2002,
    Filed I-485 in Jun 2005 was not married at that time
    Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
    Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
    Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.



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  • gcadream
    02-24 02:17 PM
    But is there a risk that if you work at client site and doesn't have a PO for at least 6 months then in that case the H1 extension may get denied ?




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  • lazycis
    09-26 10:30 AM
    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.



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  • uma001
    08-13 04:33 PM
    I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....

    Why should India copy them? India will put a different clause




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  • ivar
    02-07 09:46 AM
    IVAR congratulations once again to you and your family, enjoy the green and free life to the fullest now.

    Teddy,

    Thanks for all your support, you are doing a great job by keeping the predictions thread alive, it gives lot of hope to everyone and encourages to hang on. I wish everyone will get there soon.



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  • ishwarmahajan@yahoo.com
    09-24 05:37 PM
    I am hoping you are going to change job in the same profession. What iti means is if you are working on technical side in IT, you are going to continue on technical side no matter what your designation is. I feel that USCIS has clear guidlines on this. please refer to the link below:

    http://stats.bls.gov/soc/socguide.htm

    I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.

    "Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.


    First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
    :):):)

    Thanks,
    Ishwar




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  • gc_chahiye
    10-29 11:11 PM
    Hi,

    I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.

    As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.

    My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.

    Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.

    Any feedbacks are appreciated.

    Thanks

    first of all, your EAD and 485 are not impacted by any of these H1 mix-ups from your lawyer. So relax.

    You can start working on EAD now and wait for the H1 approval to come through. Whne it does come through, youll need ot leave the US, get a visa stamp and come back in to activate the H1 (if you need H1 status for some reason like you are unmarried and will need to bring spouse on H4).

    If you are really paranoid, stop working right now and do the H1 in premium processing. If USCIS grants the extension of status (you get new I-94) continue working on that, you are all set. Otherwise at that point you can start on EAD or leave-get_stamped-return, whatever you want.

    To move to EAD you need to file a new I-9 with the employer.



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  • DallasBlue
    09-26 09:14 PM
    Check out the local chapter messages on how to call in.




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  • garybanz
    06-02 04:21 PM
    Thats a really bad idea!!

    Tell the new employer that you need H1 to work for them, if they don't want to do it then find another job or stick to your current job.

    It sucks but that's the law.

    Regards.



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  • sury
    11-15 05:49 PM
    -------------------
    Current Status: Document mailed to applicant.

    we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
    ------------------

    We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...




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  • nc14
    05-14 09:10 PM
    Thanks Guys, It is very reassuring to hear from you.






    .................................................. ......................
    $100 + $20 recurring



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  • vxb2004
    12-25 01:42 PM
    Very happy for you. Have a great new year!...finally free..;)




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  • pappu
    05-13 01:42 PM
    Does anyone have access to this article :
    http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
    It looks like favoring us ....

    this news site was members only to read the new article. could you copy and paste this article in the forums so that we all can read?



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  • neelu
    01-03 08:17 AM
    Thank you very much .




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  • atul555
    12-15 09:52 PM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    Thanks everyone, your input has been very helpful.
    I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
    Till then based on your inputs I believe I have two recourse.
    1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
    2> I go on EAD and put my wife on F1 to maitain legal status.

    Here are the caveats with each.
    With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.

    With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.

    I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.


    BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.




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  • arihant
    02-14 02:26 PM
    Hi iptel,

    Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.

    http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf

    Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.

    Folks preparing material to present may find some useful statistics here.




    rangakutta
    02-10 11:24 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks




    glamzon
    07-19 10:59 PM
    Chicago - Yes (Hope Exists)
    Atlanta - No



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