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leoindiano

03-17 12:35 PM

I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.

So don't buildup your hopes too high. I firmly beleive that very soon there will be a repeat of what we saw last year in July and the green cards will be distributed once again out of order.

So if you are one of those luck ones, you might get it.

Good Luck!!

You must have applied for I-485 after july 1st, correct?

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zCool

01-30 01:41 PM

Sent email to all the ones below..
Use following list!

editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
smason@hometownlife.com,editor@gaylordheraldtimes. com,editor@ejourney.com,lpainter@grandhaventribune .com,pulse@grpress.com,gleiva@gtherald.com,dclark@ staffordgroup.com,editor@ilecamera.com,jminnis@gro ssepointenews.com,james.pruitt@hillsdale.net,Jim.H ayden@hollandsentinel.com,frontdesk@countywidenews paper.com,bsargent@mininggazette.com,resorter@voya ger.net,kniebel@hearstnp.com,editor@iosconews.com, marian@ironcountyreporter.com,news@ironmountaindai lynews.com,globenews@chartermi.net,editor@citpat.c om,frontdesk@birchrivergroup.com,rpierce@kalamazoo gazette.com,ksmith@oe.homecomm.net,sentinel@up.net ,dmelot@lsj.com,editor@countypress.com,editor@leel anaunews.com,mstuart@ht.homecomm.net dvarga@hometownlife.com,sbegnoche@ludingtondailyne ws.com,vanhulle@macombdaily.com,editor@marcellusne ws.com,msysop@hdtinfo.com,newsroom@miningjournal.n et,
Chronicle4@aol.com,mdnletters@mdn.net,editor@milan news.com ,mtrecept@ht.comecomm.net,tom@monroenews.com,tcyou ng@nemichigan.com,scoon@michigannewspapers.com,mun isingnews@jamadots.com,gcarlson@muskegonchronicle. com,donna@voicenews.com,jan.griffey@leaderpub.com, daguilar@gannett.com,cstone@ht.homecomm.net,neil.m unro@oakpress.com,editor@oceanaheraldjournal.com,e ditor@ontonagonherald.com,editor1@oscodapress.com, ksmith@oe.homecomm.net,kwint@petoskeynews.com,bkad rich@hometownlife.com,tdwalker@gannett.com,Editor@ piadvance.com,dvarga@hometownlife.com,frontdesk@bi rchrivergroup.com,gwinkelman@hometownlife.com,news @romeoobserver.com,editor@dailytribune.com,kmartin @mn.homecomm.net,letters@thesaginawnews.com,editor @stignacenews.com,editor@salinereporter.com,publis her@allegannews.com,editor@sooeveningnews,sblack@h t.homecomm.net,
wpeal@hometownlife.com,editor@thenewsherald.com ,letters@heraldpalladium.com,newsroom@sturgisjourn al.com,editor@tecumsehherald.com,edit@upnorthpub.c om,letters@record-eagle.com,news@tctimes.com,sarmbruster@hometownlif e.com,editor@troy-somersetgazette.com,joe.warner@advisorsource.com,v ptimes@sbcglobal.net,news@thescngroup.com.,news@tr icityrecord.com,letterstotheeditor@advancenewspape rs.com,lruehlen@hometownlife.com,smason@hometownli fe.com,editor@whitelakebeacon.net,editor@ypsilanti courier.com

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small2006

07-21 10:27 AM

See my post here under the subject "FP Notice received..finally!"
http://immigrationvoice.org/forum/showthread.php?t=20288

Hope this helps.

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mhathi

07-20 09:08 AM

If you can not locate Indian Student Association (ISA), contact International Student Office; this contact is always available on school web site. Ask them about ISA.

There are truck loads of Chinese and Indians in Engineering + CS. The word can spread very quickly because everyone has friends in other schools also. They may join for the Q/A part.

I doubt they will contribute. Graduate Teaching/Research Assistants make 12K-/year. Others make much less money then the tuition they pay; then there are living expenses. Also, they are not effected by EB retrogression. What is the motivation for such a person to pay when majority of 50K+/year persons (in deep shit) are not paying.

No harm in trying.

I think apart from ISA, the international office is a much better option since people from all nationalities will be affected by this issue to some degree, some more, some less. We should strive to get students from all nationalities that are affected aware of this problem. If they can't contribute money, they can certainly spend some time in webfax/calling senators and organizing state chapter activities.

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Barcelona+fc+players+2011

meg_z

11-22 09:29 AM

A friendly reminder: please do grammer and spelling checks before sending. Thanks.

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18.01.2010

GotGC??

01-02 03:15 PM

Please see in-line:
Hi everyone,

I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )

I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:

1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?

You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.

2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!

3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?

See above.

This is purely from my personal experience; not sure how well it applies to your specific situation. Please check with an attorney for your specific situation.


I would greatly appreciate if you can respond to my questions.

Thank you very much in advance.

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Dec 09 2010

coopheal

11-08 12:56 PM

The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.

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WillIBLucky

12-08 08:13 AM

Whats going on, nobody is taking about the bill in senate today? Yesterday's thread is also not been seen. Whats going on guys?

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freeskier89

03-02 10:17 AM

Just out of curiousity, does traditional painting qualify?

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desi3933

08-25 11:58 AM

Hi there,

My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.

She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).

My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?

Thanks,

>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?

Yes. But she may need to use EAD in that case. Please check with your lawyer.

_________________
Not a legal advise.

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asanghi

02-26 02:48 PM

No need for AP. If someone mails him the GC, he can get back to the U.S. with it.

Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.

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bheemi

03-15 11:05 AM

Hi,
I dont think anybody pushing forward about this issue..Filing of 485 during retrogression..
Immigration Voice :
Is there any scope any where to add this to current bill...are our immigration voice working towards this issue at all...if so can you pls let us know what you are doing for this issue..because I did not see anywhere updates from immigration voice ..or any ammendments on this issue..

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PMisYMMV

09-03 11:55 AM

I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.

Thank you for sharing the boat. Although, it is better than being lonely, I don't want anyone in this dilemma.

I hope we both get ours soon, hopefully by EOD today as other poster was wishing.

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reddog

06-11 03:23 PM

The answer to your last question is Yes. Provided your prev employer does not file for a revocation of I140.
I have read this same opinion from many other lawyers.

Recent Murthy chat:
Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?

Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.

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theperm

05-07 03:21 PM

Thanks! :-)

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sparky_jones

02-03 02:44 PM

Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.

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xgoogle

11-12 05:44 PM

I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?

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newbie123

11-21 02:25 AM

I have similar question as the last one from bhayzone.

+ Myself on H1-B and wife on H4.
+ Both visas are expired now. Have got the new I797s (new expiry in 2011) and planning to go to India in Jan 2010 to get the new visa stamps.
+ But we are planning to apply for my wife's F1 visa instead of renewing her H4.
+ I have my got my I140 approved.

So my question is -
+ Can we schedule our visa interview appointment together - me for H1-B stamping and my wife for F1 stamping?
+ Is it risky to go together?
+ If for some reasons, my wife's F1 application gets rejected, will there be any problem in again applying for her H4 renewal/stamping?

Will appreciate any/all advice.

Regards,
N.

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indyanguy

10-19 02:10 PM

Interesting thread. For all those who've gotten their hands dirty in the stock market, can you recommend any message boards that conducts healthy discussions for taking advantage of the volatility in the short term. I have looked at yahoo, aol, msn and google and most of them are non sensible discussions without much factual info.

Thanks!

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ram_ram

11-01 07:05 PM

Legally speaking, You should not change the Metro Location for which the labor is applied. Exemption is Consulting companies can specify alternate location as 'Various client locations as specified by the employer'. Primary location would be the Head Office. So it all depends on what is specified in the labor.


Hello

My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)

I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?

Could you please advice if you info on this?

Regards

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hydboy77

10-07 06:19 PM

Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

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