Saturday, June 11, 2011

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  • amitkhare77
    08-10 01:01 PM
    I dont think so there is any wait period. I asked them after a year and they said OK we can do this. As per the admin - If I would have told them earlier they could have started much earlier. I did not ask them due to bad economy in late 2008-2009
    Thank you my_gc_wait and amitkhare77 for your suggestions.

    One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.




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  • sanju
    08-31 12:10 PM
    I think we all should VOTE in this poll.

    You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.




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  • freddyCR
    January 13th, 2005, 02:31 PM
    Just a red "X"

    Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

    View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.





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  • at0474
    01-09 02:30 PM
    My guess:

    No change in EB2 dates for India. Slight forward movement for EB3.



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  • REQUIRE_GC
    08-06 11:34 AM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats!!!!!!!!!!!!!!!!!




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  • apb
    09-14 06:52 PM
    I missed out on this one...



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  • rajuram
    11-23 09:40 PM
    Also include some text which says that you were an fulltime employee (40 hrs per week)...




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  • Anders �stberg
    July 15th, 2004, 01:07 PM
    I love my Better Beamer. :) I think my last posted shot of the brightly sunlit finch wouldn't have been usable without the fill flash. Can you handhold that 300 2.8?
    Janet

    I need to practice some more with the BB to dial in the correct amount of compensation. It does give the flash quite a lot more oomph.

    Can I handhold the 300? For *very* short periods. :)



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  • asdfgh
    10-15 05:53 PM
    Just got all receipt notices - 485, 131, 765. Online status shows "EAD card ordered"; "AP Approved - Notice sent". No FP yet, but overall its been a good day.


    CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.




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  • pezz77
    05-24 10:02 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.

    Thanks for answering the question Sravani... that's all I was looking for: opinion on wether or not it was best to wait or not. Have a good one.



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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhpAlqr7TB69MSNFv03kY6r2byxlJ7lH8R0bItuU_IlMbvLEG-pBiZZRwY2ZC5LxbFqiR0rhGkRPqv61rqal5b1iMS4TOtX1hhfYw6Ar6Mh5pVcpTSDvIn-rUSHypGKLdJrI2Js54Ppt-M/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhpAlqr7TB69MSNFv03kY6r2byxlJ7lH8R0bItuU_IlMbvLEG-pBiZZRwY2ZC5LxbFqiR0rhGkRPqv61rqal5b1iMS4TOtX1hhfYw6Ar6Mh5pVcpTSDvIn-rUSHypGKLdJrI2Js54Ppt-M/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)




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  • snathan
    04-26 05:43 PM
    Thanks UKannan,

    That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.

    Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.

    Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.

    Two bags, each can be max. 20 kg.



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  • vin13
    01-16 10:24 AM
    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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  • satya1234
    03-29 08:49 PM
    Thanks you very much for the reply.I appreciate.
    Yes, Thats perfectly right.
    Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).

    Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.



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  • onemoredesi
    06-21 10:53 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Abhijit,
    This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
    I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
    To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
    You might want to talk to your attorney if you have the slightest of the doubts..




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  • Better_Days
    12-21 01:45 AM
    I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

    http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

    Can she be of any help to IV's Agenda. Has IV core considered contacting her.

    As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)



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  • srkamath
    07-16 09:09 AM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.




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  • satishku_2000
    06-15 11:08 PM
    Dude i think you have WAYYYY overestimated the processing times!!

    I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

    The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

    If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

    This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

    "Glad to hear.

    but.... correct me if I'm wrong but that doesn't really mean anything does it?
    doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

    I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
    any benefit or anything?"

    Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

    "well that's cool then. :-)
    glad to hear.


    So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
    :-)
    Just wondering if you'll have any sanity left by the end of that time.
    "




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  • go2roomshare
    04-12 08:35 PM
    Yes you can. I do not see any reason why you can't complain to DOL. first thing they did not pay you for 6 months. Second they persuaded or forced you to fake resume so that you get placed and they can make more money. It is definitely valid to complain.




    gcformeornot
    04-09 12:37 PM
    forums... looks like now a days for many people EAD is delayed longer than usual.
    What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...




    sss2000
    10-31 03:31 PM
    I talked to Delta rep and she told we can transfer miles from one account to another account. But there is a big catch. You need to pay about $10.00 for every 1000 miles transfered and $25.00 transaction fee.



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