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Tuesday, June 21, 2011

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  • yash04
    08-01 11:57 AM
    I'm waiting for it too..RN from TSC - mine was recieved by 9.55 am and signed by some dude...who's was your's signed by?

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  • gcformeornot
    02-10 06:28 PM
    mails at around 5.45PM today. I don't think it means much. Just soft LUD, I think.

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  • munnu77
    04-18 08:22 AM
    what is BEC?

    Backlog Elimination centre

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  • nozerd
    04-13 11:45 AM
    So why isnt EB3 India moving at all ?

    Even bigger news is that "Other Workers" have become Unavailable for the whole world.

    It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.

    This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.


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  • pappu
    11-16 06:09 PM
    Non-immigrants are routinely charged a hefty premium on mortgages and loans just based on the fact that their stay in the US is limited in time - irrespective of what your credit score and other usual risk assessment metrics have to say.
    could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

    infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

    - mortgage rates are one.

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  • vnsriv
    12-12 03:54 PM
    What's the significance of April 30 barrier.


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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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  • rbms
    04-03 09:59 AM
    I think you should send webfax also. 1. It would not hurt. 2. It would show our numbers.
    I didn't webfax but sent my state's US Senators a message through their official portal (I had recieved a response last time I did that). I also followed up with a phone call to their offices.


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  • bombay
    12-27 01:04 PM
    We should be happy that we would be much better than the local guys after gettting our green card. We can offshore jobs to our native countries and earn good money and retire soon.
    Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.

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  • gc_chahiye
    08-31 04:41 PM
    Nah, I don't think so. Not a good article.

    1. His salary CAN be raised.
    2. His wife CAN work, as article mentions that he applied for GC in 2004
    3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
    4. If the company is bought - one doesn't generally reapply for GC.

    Even little lies don't serve a good cause as this article can be easily discredited.

    you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!


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  • sandy_anand
    11-06 04:14 PM
    Let me narrow it down

    ' First half of this month'. :D

    Let me do better - between Nov 6th and 13th!:D

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  • tinku01
    02-12 12:09 PM
    Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
    Unluckily I chose for CP instead of 485 and now lying in a dark well.

    Anyway please don't sympathize, I'll certainly come out of this situation very soon.


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  • pappu
    11-17 10:56 AM
    I got a quote and passed the physicals, and only two months later was told the underwriter doubled the premium because I did not have green card.

    For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.
    Thats interesting to know that we even pay higher life insurances due to not having a greencard. can someone else second this from their experience. I am not aware of these hardships so if we have to say this in any media interview, we need correct information substantiated by facts.

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  • pappu
    10-29 08:49 AM
    - Any advice for everyone?
    knowledge, knowledge and knowledge! The earlier- the better.
    Greatest disappointment that haven't discovered IV back then, say in 2001:D

    Very true.
    Lack of awareness and information is a big problem. Starting the process early is better. I have seen some people undecided about GC and waiting till the end of H1B to start. It is at that time they discover retrogression. Some discover retrogression only after 140 approval. Until then they are not even aware of IV.


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  • rajakannan
    06-27 08:31 AM
    You seem to have got your case approved and you have filed your wife's I485, correct me if I am wrong.

    What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.

    How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.

    yes i got my case approved .. i was in the same stage for my wife's case last month.if people are just satisfied in just sending the applications on jul 1st without worrying about the application getting accepted .. be my guest ... please rush and apply.

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  • mihird
    05-27 01:31 AM

    Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.

    Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)

    Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!

    I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...

    Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...

    If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!


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  • number30
    04-01 06:29 PM
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?

    Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.

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  • knacath
    08-20 02:15 PM
    Expedite request approved yesterday. Hopeful.....

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  • gc_mania_03
    10-22 01:59 PM
    My wife's AP was approved today. The receipt date on the original filing was Jun1st.

    Since, we had to visit Canada shortly for a conference, we took the invitation letter to the InfoPass appointment. The person at the counter asked us the fax the documents to the Nebraska office and we did that the very same day.

    After a week, we received an approval email.

    I also had contacted the CSC around 20 days before the infopass appointment, even though I chose the 45 day options while booking the appointment.

    Hope this information helps others.

    02-12 12:11 PM
    Unfortunately, this will require change in Law and is not an Admin Fix
    I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD

    Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.


    04-22 08:22 AM
    Looks like this Arizona bill has a positive impact .... it has brought the immigration discussion to the forefront ..... and there is talk in the White House, and Congress. Bet the antis didn't think it through while proposing drastic changes :D

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