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  • shx
    08-11 12:36 AM
    I just subscribed to that email list on the visa bulletin. It's possible that the people on the list received the bulletin in advance. There are thousands of people on the list. I wonder why none of us on IV subscribed to it. Also, if so many people are subscribed, how come the news is not popular by now??? So confusing....!

    * Total number of "concealed" subscribers: 1599
    * Total number of users subscribed to the list: 65997





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  • tnite
    06-18 12:04 PM
    What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?

    ----------------------------------
    Permanent Resident since May 2002

    my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

    its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.





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  • s_r_e_e
    08-14 10:28 AM
    USCIS memo dated Jun 12 2008 says

    I filed my Form I-765 more than 90 days ago and I have not received a decision, who should I contact?
    If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

    Mine expires OCT 3rd. Applied Jul 3rd, FP Jul 31st. No LUD , No News since





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  • HumHongeKamiyab
    02-10 06:32 PM
    $ 20/month..

    Thanks,



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  • svn
    08-06 09:57 PM
    Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?


    On that point (and back to the original purpose of this thread), I called up USCIS to check on the status on my "pre-adjudication". The customer service rep asked me why I had called up when my priority date was not current (!) and I explained that it was because I had only received a fingerprint notice once and that was in Dec 2007; also it was in connection with my EAD application, as I remember it...how can this be if all applications have been preadjudicated. However, I was surprised when the customer service rep informed that my fingerprints had been updated in Mar 2009 and were valid till Mar 2010! When I mentioned that I had not gone in for any fingerprinting since Dec 2007, she even questioned whether I was saying that those were not my fingerprints and someone else had posed as me!! After that I didn't feel like disputing her anymore! She also told me that my application had been "preadjudicated". Has anyone else seen this happen??

    I am wondering if this is indicative of the fact that USCIS does not want to waste any money reprocessing fingerprints, FBI name checks etc multiple times in connection with applications that are waiting for priority dates to become current.





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  • GCanyMinute
    10-10 04:08 PM
    finally my PD was reached!! I hope I'll hear great news soon!!!
    I'll keep u guys posted about any news.
    Good luck to us all !!! :)



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  • Kodi
    06-28 02:02 PM
    This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.





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  • ameryki
    08-29 01:12 PM
    Can somebody answer this question of mine please.

    If you are efiling it will automatically assign you the service center that you should be filing to. Better shoot for that to avoid any issues.



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  • Madhuri
    07-24 11:46 AM
    People with grown up kids, I guess would prefer Canada over India. There are many problems starting with the education system, reservations etc. For kids who had been studying here from KG through grade 8-9 it's difficult to get dragged in the rat race in India, especially for normal kids who don't belong to any reservation category.

    Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
    What skillsets are in demand? Anybody has idea?

    I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.

    My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development oppourtunities are limited due to economic reasons, but I there is no way toronto or vancouver can be considered "racist". And talking of high skilled workers, who said there is absolutely no discrimination in the US ? Isnt that what programmers guild and other labor unions are all about ? how come so many people support the blue collar illegal aliens (mostly meat-packers and lettuce pickers), but nobody cares about us, tax-paying, law-abiding highly skilled people ?

    The difference is at least the canadian immigration policy doesnt institutionalize the discrimination by making us wait in limbo forever, unlike the US laws. At the end of the day, I would rather live with "limited career development" opportunity in canada and change employers at will than be surrounded by plenty of such opportunity but have my hands tied behind my back by the US laws.

    As for "discrimination", we as immigrants always will have to bear with some discrimination,subtle or overt, from the native-born white collar workers whether in the US or anywhere else in the developed world. Our home country is the only one where you can expect to go and join the workforce without discrimination.





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  • gc101
    07-19 02:34 PM
    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance


    If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!

    gunsnkars/raj2078 or anybody,

    Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.

    Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.

    Please remember that my fiancee is already on H1-B currently in India. I am from India too.

    Thank you,
    gc101



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  • FinalGC
    02-28 04:03 PM
    This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....

    Dude, where's my green card?

    By Salil Pradhan

    While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.

    I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.

    People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.

    The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.

    More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.

    Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.

    Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
    If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.

    Pradhan is a member of Immigration Voice.





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  • nk2006
    03-03 12:59 PM
    A question to the people who used AC21 and on EAD:

    I am on EAD and changed job (six months after the I-485 is submitted). The new employer - a well know tech company - insisted on sending the AC21 letter to USCIS, and I sent it. After sending the letters there were LUD's on I485 applications for me and wife and I assumed the letter reached the files. There was no activity after wards. Recently my wife went out of country and while coming back she went thru the AP parol process. The immigration officer asked her a few questions, one of them is where I am working. She mentioned my current company which made the officer to have a question mark on his face (the file he is looking at has my previous employer name). We were expecting this to happen and my wife quickly explained to him that my application was sponsored by so-and-so company (my previous employer) but later I changed jobs as per AC21. She even had a copy of AC21 rules with her. There was no problem but she was kept in waiting for another 30+ minutes until the immigration officer talked to 2 other officers. She got the impression that most of immigration people there are not really aware of AC21 and this made us think this could be a potential issue for those who used AC21.

    Did anyone had any issues like this. We were lucky not having too much of a hassle but was thinking on how to handle these port of entry interviews if someone used AC21.

    Thanks to IV for taking this up.



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  • Openarms
    06-03 02:43 PM
    How come Sonia Gandhi can be a member of parliament and if there was no BJP then she might as well became Prime Minister of India? I wonder who wrote these laws??





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  • dallasdude
    06-12 12:32 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    Good analysis.

    Additions: from all current categories - may be 25 K in 2 years?


    This is the key stat here. It all depends on how many apps that are in the current category now get filed in the next few years. If there are no more new EB applicants, we should see all pending apps to get approved in a year or two max. The 4 current categories now are EB1 ROW, EB1 India/China and EB2 ROW. If there are 140K apps coming in every year from these categories, we'll never see any movement for EB2/EB3. Anybody know the average number of applicants the last few years from these categories? From the recent news, we know that demand for EB1 India and EB1 China has grown substantially. In my opinion, setting a cutoff date for EB1 India/China would be the best thing for USCIS to do now. That will prevent any new visa usage for EB1 India/China and allow EB2 and EB3 categories to catch up.



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  • bluekayal
    12-07 05:26 PM
    So EAD is screwed for lots of people, in our case its the E-filed AP. Filed on July 12 and booked tickets to India on Dec 26th and no sign of AP. Looks like we'll have to postpone or cancel the ticket. Thanks to friendly IO in TSC we heard that the photos (sent later thru snail mail) were not attached to the applications...So on the IO's suggestion we sent off a 2nd batch of pics...

    Well, I've got all my fingers crossed...but I kind a know there may not be sights of lush green fields and beautiful kayals--aka backwaters in my immediate future...urgh..





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  • GCVictim
    08-20 10:36 AM
    Is there anyone who went out of US with old AP and returned with new (renewed) AP?

    Please share your experience.

    Thanks.



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  • asp
    04-26 05:04 PM
    Great job guys! Keep up the good work. The article has given much needed exposure to the problems of Employment Based Green Card Process and the plight of skilled workers from India and China. I am really happy that ImmigrationVoice has taken this endenvor and are pursuing it so professionally. I am going ahead and contributing $200 for the efforts.

    All the Best
    asp





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  • shreekhand
    08-25 01:01 PM
    I only meant if you have the native country license already or if you can get it remotely. Leaving the US for the express purpose of getting you native country license would be an overkill...as you would agree :)

    Unfortunately, I can't leave the US for the following reasons
    a) AOS pending
    b) H1 expiring soon
    c) Won't get any vacation time as just joined a new job.





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  • sathyaraj
    12-12 10:33 AM
    This is my first contribution to IV - 100$

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    Macaca
    06-15 08:31 PM
    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.





    moosh
    05-18 12:59 AM
    Hi
    how long will take this process in canada and how much we have to pay for this part? my lawyer told me each person $380 USD.



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