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pd052009

04-18 08:36 AM

Considering,
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)

Have you ever wondered what are the options you have?

We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants

We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?

If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

Lets gather in that thread for our relief.

^^^^^

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pappu

08-21 03:23 PM

its good to see so many new members these days on the forum.

Welcome.

all new members , please dont forget to contribute some money to IV

http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

we have this forum and all the lobbying efforts only due to the contributions made by members of IV. The work has to continue and we would need funds to extend this effort further. We are still not there yet in our efforts to get the law passed in the house.

members pls. prod your friends to join IV contribute money. Even a small contribution by many will go a long way in our efforts.

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Quadrucle

09-15 05:29 PM

Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.

How can a New queue or a point system can be affecting us (EB) ? If it is like other contries where they have the point system for immigration, a job in hand/education/number of years lived in the country/ etc etc, everything should be in favour of the EB's, right? Also, if you know definetly when you will get a GC, rather than indefinite wait will help so many people in making the decision. I think here, the most frustrating thing is not knowing when you will get it, rather than waiting years and years..

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eb3India

05-22 09:22 AM

Admin,

I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.

However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject

for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.

as I write I am googling on this subject and will provide my findings

between, guys we are all in a same boat we should work collective to get out of this mess

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techie.dude

03-16 04:02 PM

thanks guys.. thats informative riva2005.. The intention is not to screw with her application, but understanding the intricacies so that I can expedite my seperation. It is indeed a pain, with no kid, us both being independent, however with a townhome, with both our names on it. I am hoping and planning for an amicable settlement and one of the things that was debated as the gray area was this whole immigration - GC/485 derivative status that I had to reply - "please verify with an attorney" . The hold up is because of the want for an amicable settlement and agreement of terms, which I guess I will never have in entirerity.

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martinvisalaw

06-15 04:52 PM

Dear Ms. Martin:

Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

5. Please give me a fee quote for I-485/EAD/AP?

Thank you so much. I am looking forward to your reply.



Sincerely

1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.

2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.

3. Yes, you can apply for an EAD and AP with the 485.

4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.

5. I will send you a private message re fees. Thanks for the inquiry.

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arthi123

11-08 09:21 AM

hello,

I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

Ony calcutta dates are available.

Can I book an emergency appointment in this situation?

I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

Extended h1b here in USA..Now going to India for the first time after visa expiry.

Also, for the stamping, should i carry all old LCA's or just the latest one?

Thanks,
arthi

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mhathi

08-22 11:04 AM

Did you efile or paper-file? Most of the E-filed applications are taking ~90 days to get to Card Production Ordered (CPO) status. Mine took exactly ninety days.

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chanduv23

11-15 11:21 AM

I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:

One one side highly motivated people like you are working extremely hard to meet the local law maker and helping the community, on one side we have these highly skilled cowards who are not least motivated to do something for themselves.

Keep up the fantastic work. Please contact sammyb - he lives in our area and I just spoke to him, he is interested in meeting lawmakers.

sammyb - please contact sweet23guyin

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franklin

08-12 02:37 AM

Yes, everyone's numbers will be unique

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Irs

05-12 09:48 AM

if you go to India and your application is cleared when you are there, you must return to the consulate who approved your application to get your visa stamped.

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somegchuh

09-22 06:54 PM

Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.


I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.

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rajuram

03-24 11:24 PM

Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).

My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.

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10-03 01:59 PM

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Student with no hopes

12-10 09:49 AM

DREAM act is a political issue if passed will get Democrats millions and millions of hispanic votes and possibly help them in 2012 election. Republicans will also want those votes. So there is a possibility that DREAM will pass some day. It is unfortunate illegal aliens get path to citizenship and legal immigrants like us have to wait on an untimed line with a hope to get green card. It is all politics my friends. Bottom line is they are illegal when they came here. If they are students they should get F1 visas if they are working should get work permits. Giving them citizenship is ridiculous. No one supports our cause, not even the Hispanic community. Dude we should oppose illegal immigration that has kept legal immigration at hostage. Jai Hind!1

Few problems with your post
#1 It is politics to help the the hispanic community. At the same time, it is also common sense - since they are the ones, putting their neck out to get the reform. We sit at work and complain - and take no positive action to get the relief.
#2 These people have to stand in line for GC and then citizenship - it is not direct citizenship - it is a path to legal residency.
#3 If you are illegal, can't get any kind of visa - F1 or H1 or even a drivers license - which is why this legislation is justified or accepted by most americans.

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frostrated

06-18 02:35 PM

My current visa status is I-140 approved, I-485 pending, EAD and AP approved.

I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.

if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.

In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.

Check with your lawyer before you do anything.

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aroranuj

11-24 10:12 PM

I am in the same boat....TSC denied my I-140. My attorney has said that you can file an appeal (in your case in the EB2 category) at the same time you can also file for a new I-140 in a different category. Your best bet is to possibly file in the EB3 Category & wait for the appeal take its time at AAO. In the end if they do deny the appeal you can still file a new I-140 in the EB2 category.

Let us know what reccomendations your attorney provides you.

Good luck!

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dionysus

01-24 11:37 AM

Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.


Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?

Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.

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pani_6

03-20 09:57 AM

Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)

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ronhira

08-20 02:11 PM

How about an apology from an Indian Prime Minister saying he is sorry that you were born in India and are not able to get greencard.

Why should USCIS apologize to you? Did USCIS force you to apply for Greencard?

I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?

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fittan

03-18 12:24 PM

GCBalak,

1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?

2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.

Fittan

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