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Thursday, June 23, 2011

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  • lazycis
    12-28 11:25 AM
    how do I avoid that scenario?

    If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?

    Leave on good terms with your current employer. If that's not possible and you have a good reason to believe that they'll withdraw I-140, conduct a pre-emptive strike and file AC21 papers with the USCIS (a new employment offer listing job title, duties, salary). That will eliminate or at least minimize a headache associated with I-140 withdrawal. Employer is free to withdraw I-140 at any time and the USCIS cannot prohibit it. However, even if I-140 is withdrawn, your I-485 remains valid if you have a new employment offer. So no worries, just plan for it and act according to your gut feeling :)

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  • veereddy
    07-13 04:32 PM
    Congratulations, your long journey was inspirational to stay positive. Thank you!

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  • gc28262
    07-29 03:47 PM
    This "me vs you" attitude is what is unhealthy. Having PD of June 2002 is nothing to be happy about, either for EB3-I or ROW. It is just pathetic. We should all be together in this. Asking for more visa numbers, recapture, etc would be more practical for us

    I was answering in reference to his question.
    For me, I want all categories to be current all the time :)

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  • leo2606
    07-19 02:00 PM
    if she can get the tests done in India, there are USCIS approved doctors in Chennai, Mumbai, Delhi and Calcutta.

    My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?


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  • eilsoe
    02-03 07:12 AM
    guig0: U posted the final one? Where...?

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  • bobzibub
    01-02 12:04 PM
    At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!


    They decoupled the H2->h1 and the L2->L1. But not H4->L1 or L2->H1.

    Even though their reasoning for doing it applies to these cases too.



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  • santb1975
    01-12 10:39 AM

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  • gc_lover
    06-19 03:58 PM
    Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D

    Congratulations on your approval!

    Why will you be back when you are ready for citizenship application?
    I don't think you should leave IV just because your 485 is approved and you are going to get the Green Card soon. IV has done lot for us and we should be supporting IV as long as we can.


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  • mhb
    07-06 06:19 PM
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
    try calling CARL SEARS he is the guy who puts up these newscast.

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  • beppenyc
    03-16 03:18 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.


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  • Berkeleybee
    04-10 06:55 PM

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.


    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available


    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.

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  • desi3933
    07-19 12:17 PM
    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.

    Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.

    It seems that she was out of status.

    Not a legal advice.


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  • ramaonline
    08-07 11:14 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..

    485 derivative status is only available if you were married before the 485 approval not after

    If someone marries after 485 approval then you need to file I130 under family category for spouse

    Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident

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  • natrajs
    08-06 04:37 PM
    Freakin - more than 50 people from 2004 are waiting and the same number of people from 2006 get approved!!!

    United States Confusing and Incompetent Service - USCIS

    'Service' my a!@#$%

    EB2-I RIR - NJ , BEC - Philly Approved on 12/20/2006 - PD - 06/18/04
    I140 - Approved on 06/04/07
    RD : 08/08/07 - TSC
    ND : 09/28/07
    FP : 11/1/07
    I485 : !@#????????????? - I don't know (planning to buy Mega million and Power ball lotto with my own algorithm which I believe that I have chance to win, How ever I can not predict the USCIS process)


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  • anilnag
    11-29 04:02 AM
    Even though the effect of retrogression is expected to reduce from the current 8+ years, it is still going to hover around 5 years in 2012 (assuming a weak economy and minimal filings).
    This line isn't true anymore for EB3 India after correcting the typo in dates. I believe this can be deleted because even in 2012 the wait time is 8+ years. With huge CP numbers (~20K) for EB3I, the wait time will surely increase further which is not factored in the report.

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  • aroranuj
    04-16 12:28 PM
    Can anyone please give any advise/ideas on how to deal with this?


    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.


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  • Leo07
    06-02 03:29 PM

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    07-06 03:34 PM

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  • Jimi_Hendrix
    06-26 02:38 PM
    PD Aug 2001
    RD Jan 2005
    CSC case transfered to NSC in Feb 07
    Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.

    03-21 12:30 PM
    Hi, I live in Colorado Springs, let me know if i can do anything


    02-11 11:53 PM

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)

    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!

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