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Wednesday, June 22, 2011

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  • willwin
    02-19 12:11 PM
    I do not get it.

    As far as I know, a CP applicant can always switch over to AOS if already inside the US. It is harder for an AOS applicant to switch to CP.

    You will have to make a choice. Do you want the benefits of CP or AOS? The way things are presently, you cannot have both. So pick one.

    But the PD has to be current to switch over.

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  • pray
    08-23 03:26 PM
    Just Thought

    There is 200k application without 140 approval, this is including july filers.

    there is lot of chnace for those who got their I-140 approved, even their PD '2006.

    you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.

    I think EB2-jan2007 and EB3-Aprl2005 in October VB

    - satish

    That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.

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  • nomorelogins
    11-18 12:51 PM
    Filed under "thoughts from porcelain throne".

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  • svam77
    08-09 11:55 PM
    No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...

    Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....


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  • shana04
    02-13 11:22 AM
    Sorry Shana,

    I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.



    If your h1 expires Feb 12 2010, i.e. you still have 2 more years.
    Assuming: 140 approved and 485 filed.

    Now if you use ac21 with h1, you would only get 2 yrs of extension and there after only 1 yr. (attorney said, if you have 140 approved you get 3 yrs extenion. but once you file your 485, you get the remaining time of 6 yrs or if you are in your 6th year, then you get 1 yrs extension).

    Hope this answers most of the quesitons.

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  • guy03062
    04-03 07:59 AM
    to all senators.


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  • gauravster
    05-20 03:42 PM
    Let me put it in an other way..
    If you graduated from an IIT or IIM the chance that you are here in the US is 5-10%. Or in other words, 95% of those currently doing masters / PhDs in the US wouldn't be here if they were capable of securing admissions into an IIT / IIM.

    Atleast for IITs pre 2000's 90-95% of the students are in the US. Even pre 1991, the first batches like 1969-1985 etc have like 1-2% people in India. The trend has changed only recently, even then it is more like 40-50% students after IIT/IIM end up here (if not immediately, after like 4-5 years).

    But it is true of the people in MS/PhD in US, 95% are not IIT/IIMs as there are not so many people that graduate from these schools.

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  • absaarkhan
    02-13 01:37 PM
    I understand so Many of us are looking at the Options of Using AC21.
    I am currently looking for a Good Attorney for this.
    I have contacted Sheela Murthy's Office and Rajiv Khanna's Office.
    Both of them are very very expensive.

    I am looking for an Attorney who charges under $1000 and also knows
    about the Immigration Matters.

    I would appreciate any pointers and suggestions in this regards.

    I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.

    Good luck


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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?

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  • ssss
    11-09 04:36 PM
    did you receive any transfer notice??

    Yes we did receive the transfer notice 3 weeks ago.


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  • neoklaus
    10-28 07:24 PM
    - How has greencard changed your life after receiving it?

    we will see

    - How did the long wait upset your life?
    - How did immigrationvoice help you during this long wait?
    - Would you like to continue your support to immigration voice and help others waiting?
    for sure
    - 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

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  • venky321
    03-03 07:19 PM
    Its probably part of an investigation of your employer. Maybe they finally decided that it wasn't necessary to interview you. But probably best to get back to that guy all the same; talk to ICE directly too.


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  • GCwaitforever
    04-01 10:03 PM
    no. 10 and 11 today. Shall visit the senators office on Monday as well. This would the last chnace to make a difference. Go for it.

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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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  • sobers
    02-21 09:33 AM

    I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.

    Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!

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  • sumansk
    12-20 04:40 PM
    I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.

    Live Life !!
    VTX1300R (http://www.cyclechaos.com/wiki/Honda_VTX1300R)


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  • saro28
    12-28 09:34 PM
    Did anyone see payment issue today? I have been trying for past 24 hours, INS site says "Cannot accept payment at this time"

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  • ivar
    08-29 07:23 PM
    Congratulations for your GC. your journey was painful, long and inspiring.

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  • akred
    07-14 09:21 AM
    I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.

    It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.

    The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:

    07-10 08:16 PM
    I think we should brought up this to indian government and use government powers to pressure CNN in india to take up this matter with Mr. Turner.

    07-10 08:03 AM
    May be we want to expose him on something like YouTube.

    In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
    We should stick to getting our goals achieved instead of fighting those who are fighting us.

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