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  • dontcareanymore
    01-09 04:43 PM
    I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.

    I see increasing support for the Idea as GC journey become longer and longer.

    Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD

    (1) I-140 and I-485 must be approved.

    (@) Time should be considered only after getting GC

    (3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS

    So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.

    The above requirements can get closer to Marriage and family based and also help 90% of IV members.

    Adding the clause for the EDUCATIONAL THING might be able to get more political support also

    Thanks

    Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.

    REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.


    The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).





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  • overseas
    10-22 08:22 PM
    Many congratulations Inderman, enjoy your freedom.

    I've sent 7001 form to ombudsman and wondering how many days it will take to get a response from them. Can you tell us how long it took for you to get response and how did they contact you? Also after sending 7001 did you follow up by calling or mailing ombudsman?

    Thanks.





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  • Cheran
    04-24 04:04 PM
    This guy doesn't have a clue. He is deviating so much from the core US policy, I don't know where it might end. I wonder whether we are better off with the last one????





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  • pappu
    11-22 07:50 PM
    http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf

    Plaintiff suggests that the fact that her application
    has been pending for nearly three years is patently
    unreasonable. She argues that Congress intended
    applications to be adjudicated within 180 days. See 8
    U.S.C. � 1571(b) ("It is the sense of Congress that the
    processing of an immigration benefit application should
    be completed not later than 180 days after the initial
    filing of the application . . .."). That [*10] 180-day
    timetable may provide some guidance here, although the
    "sense of Congress" expressed in INA Section 1571(b)
    does not necessarily carry the force of law. See Yang v.
    California Dep't of Social Servs., 183 F.3d 953, 958-59
    (9th Cir. 1999).
    Defendants argue that there is no statutory deadline
    by which applications must be adjudicated and that, in
    any event, the "first-in, first-out" protocol must be given
    deference. True, Congress has not established a
    mandatory timeframe for the USCIS to adjudicate
    applications. Moreover, "'[t]he passage of time alone is
    rarely enough to justify a court's intervention in the
    administrative process, especially since administrative
    efficiency is not a subject particularly suited to judicial
    evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
    Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
    However, the court also recognizes that there is no
    precise formula for determining whether there has been
    an unreasonable delay. Instead, "[w]hat constitutes an
    unreasonable delay in the context of immigration
    applications depends to a great extent on the facts of the
    particular case." Id.



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  • gcForV
    07-11 01:56 PM
    No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
    Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.
    Come on guys. I dont sympathize with Al-Jazeera nor do I read and nor do I like them. But we shouldnt be making statements like this.
    Dont underestimate backhome news media like rediff/deccan/TOI/hindu.

    Me violating my own stmt ;-)





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  • OLDMONK
    06-29 09:06 PM
    NO Matter how many people say "Take it easy" its simply not possible, you will have to be a superhuman to do that. Sure its stressfull but no more stressful than boarding your first flight to USA. no more stressful than attending 1st H1B interview at the consulate or your first client interview. So in the end, we have been through all the hurdles with most of us surviving 2001-2002 job markets and now is 2007.

    The point is we have been through all that successfully and thats a BIG WIN. So we will be through this too, but not without stress. The day we decided to come to USA and until now we have been successful as we are resourceful and can improvise at a short notice and we will. We are shrewd individuals and We Will PREVAIL.



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  • desi3933
    06-18 12:37 PM
    Well - thanks for your mind reading services! However, I am not sure that is what I implied.

    From 2004 I did not report the fraud since I did not know about it. Right now - I wont report it since I dont want to create disruption in this environment - disruption that can come back to bite me. A year down the line - when the environment and the economy is a little better - you bet I will report it now that I know about it.

    Read between the lines and you have just confirmed my translation.

    PS: I am still waiting for the reply for this post.
    http://immigrationvoice.org/forum/showpost.php?p=361666&postcount=159

    Have a good day!





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  • bkn96
    11-14 08:00 PM
    My I140 is approved and I am a July07 filer of 485. In July08 I moved to self-employment after consulting a good lawyer. Now my previous employer withdrawn I 140 and today I got 485 denial notice. I didnot filed AC21 as lawyer told it is optional.. :mad:



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  • grupak
    03-24 10:37 AM
    Yes, it is for a job which does NOT require security clearance.

    Is there a formal way / method to let the company and USCIS know of such discrimination ? Any published guidelines from USCIS ?

    Your response would depend on how badly you want this job.

    Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.

    If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.

    Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.

    In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.





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  • go_guy123
    06-10 03:51 PM
    Thanks guys .... for coming behind me .. Shane Warne or Purple Haze won't satisfy you guys .. Y dont we discuss how Kanimozhi's discontent couldn't play spoil sport for the new govt and how Azhagiri got cornered with chemicals and fertilizers (these 2 are not any interntaional fame for an american 'tunnel rat' to know abt them).

    Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.

    l1fraud. L1s cannot be hosted at client site when the client site manager has supervision on him/her.

    ICE has a historically poor track record on enforcing H1b/L1 rules. Only lately there has been on enforcement on the H1B rules. All that one can do is complain to USCIS / ICE
    etc but they don't do anything then you may have to talk to you senator/congressman etc. Sometimes senator/congressman are also non cooperative.

    Let alone L1, even B1 visa is used like a short term work permit by many IT companies including American IT companies



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  • seekerofpeace
    10-08 10:11 AM
    B+ve,

    congrats!!!!!!!!!!!!!!!!! You were like me half cooked now you are fully done.

    Consider yourself lucky as cases that doesn't get approved together in a family takes longer...

    Enjoy,

    SoP





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  • CHHAYA
    05-16 07:15 AM
    Below are the list that I have from my lawyer to prepare my I-485 :

    1. for Evidence of status you need a Copy of Last Entry I-94
    non immigrant arrival/departure record, showing your admission
    to the US and current status. (Front and back, make sure the date is
    clear to see)

    2. To show that you are always in status while you are in US you will need
    Copies of all immigration related documents from USCIS
    (such as I-20, OPT, H1B, H4 approval notice, or other status)

    3. Copy of Birth Certificate
    (need translate & notarize if not in English)

    4. Copy of Marriage Certificate if you are married
    (need translate & notarize if not in English)

    5. Copy of Passport pages with non immigrant visa
    (including all passports you have used since the last entry you need to
    copy all the stamp you had on the passport. Again this is to show the
    last time your in you US and to make sure you are always in status)

    6. I-693 (Medical Exam)
    (You can dial 1-800-375-5283 to choose the physician list)
    you will required to show a proof that you have take MMR, Varicella, Tetanus and hepatitis B
    if you can't show any proof they will required you to take it on their office and it will cause you quite a lot money ( you can take
    the vaccine earlier on your family/ regular dr. office and could get covered by you insurance) it could save you $300 per person.
    the mandatory test you have to take at their office is tb test, blood test
    for HIV and syphilis and regular phisical test. once you have all vaccine
    and the mandatory test they should gave you the seal envelope to send to USCIS along with your other document and they will give you a copy as well.

    7. If you apply for your family member you will need
    I-134 (Affidavit of Support) stamp by Notary for each family member

    8. Employment Verification Letter
    Employement letter on the letter head of the petitioning employer
    which confirms that the job on which visa petition is based is still
    available to you. The letter must also state the salary that will be paid.

    9 . Photos (2*2 color front-view passport photos)
    *2 for each I-485, additional 2 for each I-131,
    additional 2 for each I-765

    10 Fee Payment made to USCIS (1 per applicant)
    $325 for each I-485 filing fee
    $70 for each Fingerprint fee
    $170 for each I-131 filing fee (if apply for Advance Parole)
    $180 for each I-765 filing fee (if apply for Employment Authorization) .

    Hope this list is help for those who is ready preparing their document.


    THANKS FOR ALL SUPPORT. I HAVE TWO KIDS 13 AND 14 YEARS. DO I NEED TO FILE I-765 FOR THEM?



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  • needhelp!
    09-25 02:06 PM
    This is April 2009 performance report for reference (See last page):
    http://www.uscis.gov/files/nativedocuments/operating_performance_apr09.pdf





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  • srikondoji
    06-29 05:24 PM
    This is just going too far.
    Can't they wait untill rumor is proved to be a fact?
    Can't they wait for just one more week?

    American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco

    The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.



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  • baburob2
    01-10 12:59 PM
    Look below as to what is happening in the senate congress:
    source: http://www.numbersusa.com

    Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
    Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more





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  • styrum
    07-12 01:01 PM
    Although much older anouncements and news are still there.
    Apparently they want everybody to forget about this ASAP, let alone attract any further interest or god forbid inquiries. I don't know who in the world can still beleive that they are a "service" and we are "customers".



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  • logiclife
    02-09 01:54 PM
    Numbers USA and FAIR painted Sen. Specter and other pro-immigration forces as dark demons who sneaked 8001 and 8002 into budget reconcilation bill. "SNEAKY". "Specter tried to SNEAK immigrants into the budget recon bill".

    Hmm. So sneaking unrelated provisions in bills is wrong. "Its evil" sayeth numbers usa.

    Looks like the sneaking is not un-common. And our own Rev. Frist and Denny Hastert seem to have SNEAKED a relief for drug companies into the Defense appropriations bills.

    I wonder how is that related. Maybe the drug companies make drugs that benefit the US military that needs an appropriations bill and hence the drug-company relieft provisions are tied to Defense appropriations bill.

    Sneaky sneaky sneaky. Mr Tancredo, Smith...how is this for sneaky???HUH?? And numbersusa...what sayeth thou about thy Hastert and thy Reverand Doctor tele-diagnostics Frist??

    http://www.gallatinnewsexaminer.com/apps/pbcs.dll/article?AID=/20060209/NEWS02/602090405/1309/MTCN04

    And this SNEAK effort was so sneaky, it even bypassed the conference committee. At least Specter was sneaking it with the knowledge of conference committee where Tancredo types had a chance to protest.





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  • lost_in_gc_land
    02-16 01:31 AM
    Hi all,
    I am planning for a trip to india and get my first visa stamping done some time in may. My visa was approved in july 2007. Does anyone think that this issue will prolong till may? Or will all these database updates for the PIMS verification checks be complete by then? Any inputs will be highly appreciated. Thanks.

    Hi Bhagyesh,
    From what I have gathered in the PIMS ruling is that cases approved after the PIMS ruling implementation will be put in the database first followed by cases that were approved prior...
    Anyone else gather this from the PIMS ruling please let me know...and correct me if I am wrong.





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  • dskhabra
    09-24 12:19 PM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
    6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
    6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    One point, as we are seeing horizontal spill over for the last couple of years...so numbers unused in EB2 ROW will go to EB2 I and EB2 C not to EB3 ROW

    So in your calculation ALL EB2 ROW/Philippines/Mexico unused VISA numbers should be spilled over to EB2I and EB2C not to EB3 ROW/Philippines/Mexico.





    dionysus
    06-27 10:34 PM
    I am in the same situation, and I plan to include photocopy of my courtesy copy of my I-140 with other docs, as I am filing AOS by myself. If anyone else had the same issue, please share your exp.

    Sorry to disappoint you guys, but courtesy copy is not sufficient to file I-485. Read your courtesy copy clearly. It categorically states that

    "This courtesy copy may not be used in lieu of official notification to demonstrate the filing or processing action taken on this case."

    I think it is crystal clear what INS means.

    The big question is, what happens if you do file with the courtesy copy of your I-140 instead of the original one. My guess is, if you are lucky, INS may accept your 485 petition initially, and after a few months then may simply send you a RFE asking for the original copy of I-140. And, by that time you may be able to convince your company or company-lawyer to release to you the original copy. And if you are unluncky and the clerk at INS is sharp eyed, he/she may take this as a case of missing initial evidence and blow up your entire 485 application at the on set.

    You can take your chances.





    iv_only_hope
    01-14 09:40 PM
    EB3 ROW is also affected greatly. I am sure they would also be involved in this.



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