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  • whattodo21
    12-08 09:31 AM
    If an RFE is issued, how long does it take to get EAD/AP? Will the USCIS still honor the 90/120 day issuance?

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  • 485Mbe4001
    06-10 01:16 PM
    BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)

    ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.

    As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
    With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
    Anyone have any opinion?

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  • PresidentO
    04-01 06:35 PM
    This is clearly crap.

    Either USCIS or your attorney screwed up.

    In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.

    if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.

    I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)

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  • GCwaitforever
    09-15 06:52 AM
    In my opinion, having the right skills and qualifications is one's security, and that�s what I have always banked on while moving so forward on a H1.

    I agree with you on this part. Many people became complacent after finding a good job and lost their edge. This applies to even GC holders also.

    On the other hand, I find it extremely difficult to penetrate the upper levels of jobs with just H-1B alone. Horizontal growth does not fascinate me any more. GC is the key for upward mobility.


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  • bostonqa
    04-17 11:19 PM
    Lost in the big hoopla of 1 yr jump and hopes of similar advancement for others in May VB are the following facts.

    1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
    2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
    Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.

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  • Jimi_Hendrix
    12-29 12:56 AM
    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.


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  • RandyK
    02-20 04:43 PM
    Can anybody estimate out of the 47000 identified cases that is affected by Name Check...

    How many are real old PD's like

    Prior to 2003

    Between 2003 and 2005

    Between 2005 and 2007

    India / China / Mexico / ROW

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  • paskal
    07-14 10:11 PM

    please stop attacking for no good reason. i've been through this whole set of emotions too, and i'm pasting below a dialogue with Greg Siskind on his blog. Greg is a much respected figure in immigration law and does his bit and more to support our cause. please read it, he makes very valid points.
    why are these kids our enemies anyway? they are stuck in a bad position and helping them get relief behoves us.

    Paskal - The children of legal immigration applicants were specifically covered in the Child Status Protection Act passed earlier in this decade. They are now allowed to immigrate with their parents even if they turn 21 during the middle of the process, a key change designed to ensure that those here for years waiting on green cards could still benefit. There were other important benefits in this bill. read from the bottom up...

    But on a separate note, strategically we saw what happened with CIR when we tried to get every fix on one bill. Three years of work down the drain. We need to get each fix done a little at a time and take what we can get each time and focus on getting more in the next battle. One week we have a victory for illegal immigrants. The next we win one for skilled workers. The next we help refugees and asylees. We need to cheer each victory rather than be upset that not every group was helped.

    Posted by: Greg Siskind | July 14, 2007 at 07:15 PM


    I do not think people really oppose the relief being offered. Neither do they grudge the proccess of legalization for undocumented immigrants. However there is a great deal of heartburn over the way skilled workers are treated. Why can't this bill include legal children who have lived here most of their lives? kids have to "become illegal" to get benefits? what's the message?
    Similarly in CIR, 90,000 GC a year for 5 years were offered for backlog reduction. Compare this to the almost 1 million FB relief and the 11 million GCs for legalization. what's more no one knows how many undocumented workerers there are. 11 or 13 million? so 2 million extra GC are just an asteriek to congress, and yet they won't give paltry increases to skilled workers to cover the backlogs?
    this is the source of frustration that's manifesting in the comments you are reading.

    Posted by: paskal | July 14, 2007 at 06:58 PM

    Some have commented noting that DREAM might pass because it's advocates are showing passion. This should hopefully inspire you rather than upset you. Immigrants Voice has really given me hope that the skilled worker community finally is starting to find the passion that will change minds in Washington. To date, this community has largely depended on the advocacy efforts of groups like AILA and the ITAA rather than on the grass roots efforts of the community itself. These groups do a great job, but they can do so much more in partnership with an active immigrant community.

    Posted by: Greg Siskind | July 14, 2007 at 06:52 PM


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  • jkays94
    07-09 12:00 PM
    It was for about 2 minutes. The first time this issue got TV coverage I guess.

    Anyone captured it on video?

    CNN had a 30 second clip on it on "American Morning" on July 3rd.

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  • Raghunadh Polavarapu
    07-22 06:36 PM
    How long you have to work for your GC sponser after your GC: Atleast 10 Years:D:D:D

    See the link http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/3305-changing-company-after-getting-green-card.html


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  • kumar_77
    05-15 09:41 AM
    This Is Good for every one , as People With Phd's and Masters degrees will be eliminated from 140K Cap ..which will defenetly double the number of green cards for EB3 ......hope this works

    I have 2 MS degrees from US Univs ... 4 years ...and a lot of $$$$$$ spent


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  • nrk
    10-27 08:48 AM
    landed in US with h1b visa, moved another job using EAD. never been out of status

    Have you ever been illegal?


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  • radosav
    04-01 03:23 PM
    sent fax # 10

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  • Makaveli
    02-10 04:07 PM
    Originally posted by eilsoe
    lol, yearh right! :P

    Ask Kirupa to check which members voted, and them compare IP's! :bad:

    or.. whatever he does...

    I remember the last "cheater" we had here :P

    who WAS the last "cheater"



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  • gianik
    05-25 10:07 AM
    O.K. I know it's not the place for this discussion as we need to be optimistic and strong, instead of jumping the ship....
    However, after years of wait (which perhaps was not that long compared to many others) and after sobber look at how much longer this may take I start to wonder if it worth it? I am starting to take what used to be a plan B - moving to Canada - more seriously now.
    Does any one else have this thoughts or am I the only traitor?

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  • thomachan72
    08-30 09:54 AM
    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.

    Hi Dinesh, in your quote above were you intending to say that most state colleges WILL NOT accept applications if you do not have GC/citizenship? So to attend a state college you NEED TO BE a GC holder/citizen? If that is the case how come lot of international students come here and attend state colleges for MS/Phds and get assistanships/fee waivers?


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  • Daisy
    01-07 01:14 AM
    I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.

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  • sanju
    09-09 12:11 PM
    On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?

    This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".

    But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.

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  • HumHongeKamiyab
    01-12 01:29 PM
    I have been through your situation twice for my 2 kids who were born in houston, texas.

    First of all, let me tell you its expensive. You are expected to pay about 2500$ to the doctor, about 3500$ to the hospital, 1500$ for epidural (if used) and also about 1000$ as misc. (for ultra sound, x rays etc).. This is a rough estimate and in my opinion it is still better option than paying for a maternity insurance. This is what I found with maternity insurance, you will be paying about 600 to 700$/ month as a premium for almost a year, and even after that, you will end up paying about 20 or 30% of the cost (which is your deductible).

    The complications covered on individual insurance in texas are really not of much help as they only cover catastrophic situations. New borns are usually covered for the 1st month on mom's coverage (for individual insurance).

    Keep in mind, the hospital and doctors office will negotiate with you, if you are making cash payment. You will be surprised to know that, I was told 5000$ for my wifes normal delivery (2 night of stay in hospital) by the hospital near houston texas and finally settled down to 2500$ for my first child (back in 2003). Do some research and find out all the hospitals within 25 miles near you..

    I know its lot of money but in the end you are giving your kids the American citizenship. Do not get hung up on the money you spent, as the baby will give you lot of joy and will thank you for what you did today (Hopefully;-)..

    Hope that helps..


    06-05 09:59 AM
    I am not sure. Here is what my opinion is :

    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.

    I am sorry but I don't agree with you.

    He never said he was running a charity for immigrants or an active supporter of IV.

    Despite, he has been helping several immigrants with very apt and prompt replies to several questions (most of them very basic and repetitive) and if that is a way to attract new clients, I don't see anything wrong in that approach. After all, it is his business and he is using his own website to promote his business!

    Above all, his views on USCIS is very logic to me especially his way of reasoning retrogression. He says VISA cut off date movement is inversely proportional to USCIS efficiency. The higher their efficiency, lower the movement and vice versa.

    07-28 01:36 AM
    I do not know about a 'receipting update' from USCIS, but they have certainly released the second FAQ regarding July '07 Bulletin today - July 27, 2007:


    Sincerely - IE

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