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  • jay75
    07-12 10:19 PM
    Count me in for this law suit. I'm willing to contribute money for this.

    Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

    People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

    By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

    Here are the things that needs to be fixed...

    1. Country quota
    2. Recapturing visas.
    3. 3 year EAD/AP
    4. End the endless wait ( Proposing a new law )
    5. Remove the same/similar confusion in AC21

    What is "End the endless wait" ?

    EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

    Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

    Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

    Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
    Attended the DC Rally
    Contribution: $150
    Sent letters to President/IV
    Status : I-485 pending, PD Feb 2005, EB3 - India

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  • zephyrr
    03-20 11:56 PM
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.

    I pulled this from the Aytes memo:

    Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.

    withdrawl in that case would be death-knell to your AOS case..
    there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..

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  • karthik204
    06-20 04:09 PM
    It is suggested not to travel. But if there is a emergency and you need to travel, talk to your attorney. Even if you get an answer here from someone, do you really want to agree that it would be accurate?

    If I were you, I would not worry about it right now unless there is an emergency situation.

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  • reddymjm
    05-16 02:53 PM
    Sent an email to 20 of my friends @ work to that and following up with them.

    Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.


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  • delhirocks
    12-18 06:45 PM
    When I took a cruise last year (Carnival) one of my stops was Cozumel. We were there for around 12 hours. We did not have a mexican visa, did not have to go through Mexican immigration.
    I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
    They do that for some other stops.

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  • rajasaab
    10-25 09:21 AM
    i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.

    also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.

    Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!


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  • logiclife
    01-02 09:09 PM
    There is an analysis on the upcoming immigration bill in on the frontpage of online version of the paper. In BOLD.

    (This article is also crossposted on Eventually I am going to cease posting there and post exclusively here)

    The article majorly deals with the politics of the immigration bill coming in Feb 2006 on both side of the aisle and people's opinion in general.

    There is no mention of legal immigration. None. Nothing. NADA. ZIP.

    Its all about illegal immigrants(mostly mexicans who jumped the fence on the southern border). And guess what?? Majority of America is against illegal immigration. And my fear is that the winds blowing against illegal kind of immigration will sweep us all in the same bundle and punish the LEGAL kind of immigration. Kind of like GUILT by association.

    Here is a quote from read inside Washington DC)

    The Post-ABC News poll found that four in five Americans think the government is not doing enough to prevent illegal immigration, with three in five saying they strongly hold that view.

    The same poll found that 56 percent of Americans believe that illegal immigrants have done more to hurt the country than to help it, with 37 percent saying they help the country. About three in five Republicans and a bare majority of Democrats agreed that illegal immigrants are detrimental to the country.

    See the whole thing here :

    My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are

    1) Present Legally.
    2) Entered LEgally.
    3) Work legally.
    4) Pay their income taxes.
    5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
    6) Play by the rules, file petitions for work permits and for permenant residency.

    Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.

    I once again urge you all to channel your energy to This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.

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  • vnandster
    04-13 01:12 AM
    Only my lawyer got the RFE - We didn't.


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  • Suva
    07-27 03:23 PM
    One of the stupid questions!!!

    If NSC had put all applications from July 2nd to July 17th on hold.
    Did they open and timestamp it ? for received date ??????

    If they did not , then I may be lucky.
    Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

    Do you guys think ? they might see this and enter it as received date ?

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  • Leo07
    06-18 04:52 PM
    But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?

    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.


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  • natrajs
    08-16 03:45 PM
    It depends how the Employer and Employee discussed before starting the GC process.

    Some may sponsor the cost only for the Employee and let Employee pay for the dependants.

    To my best of my knowledge Employer can not charge back the Employee for sponsoring the GC, However there is no rule set for the dependants

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    08-09 10:39 PM


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  • ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.

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  • rajenk
    07-16 12:49 PM
    Thanks a lot Raj.

    One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

    Thanks again for answering so promptly.


    Below are the documents that you need to get from your previous attorney/Employer.

    1. Legible copy of your approved labor that you and your HR had signed.

    2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"

    3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.

    That is all you need.

    Make sure to transfer your H1-B to your new employer.

    Good luck.



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  • swamy
    01-02 02:18 PM
    presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

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  • indyanguy
    11-14 10:16 AM
    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?

    Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

    Hope this helps.


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  • Jitamitra
    05-31 12:14 PM
    Recently joined.

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  • casper21
    07-29 10:46 AM
    Can someone give answer to my question??? Please..................

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  • senk1s
    07-16 11:30 AM
    The answer to gcbuddy's question is straight forward - no need to notify uscis

    Just to clarify/ confuse:

    Maintaining H1-EAD / H4-EAD simultaneously looks like it is subject to atleast 2 interpretations, depending on the attorney.
    I've not seen any clear reference to this by USCIS

    H1/ H4/ AP (when approved and valid, stamped) all allow to travel/ (re)entry
    H1 allows to work only with the sponsoring employer
    EAD allows to work for any employer without restriction (C9 classification is a fringe benefit as a result of filing 485)

    07-03 11:16 AM
    I am sending a flower with a note to LincolN, NE address.
    Could anyone give me the complete and correct address?

    We should all send individually the flowers.

    The address -

    The Honorable Emilio T. Gonzalez
    Director U.S. Citizenship and Immigration Service

    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    01-10 09:00 PM
    Me (and two of my colleagues are) in the same boat!
    July first week filer -
    Receitps /EAD/AP received for both me and my wife
    No FP for either of us .. same is the case with the others

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