md_alien
07-05 11:52 AM
dugg!
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
PLEASE DIGG!!!
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
PLEASE DIGG!!!
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rockstart
06-26 11:54 AM
My lawyer asked me $400 / form as his fees so $1600 lawyer fees to apply for Spouse and mine EAD , AP. Plus $1300 USCIS fees. All this to fill a one page no brainer form. I decided to file it myself but I am sure there are lots of people who will pay them for that and why would they want 2 years EAD when they can make money every year for so little effort.
In this big black hole we are alone, not the govt. nor the lawyers really care for what goes with us. USCIS is just a money making machine for the govt. Rules are made complex and there are several layers of forms. I wonder why a person should go thru 2 stages before filing for I-485. Or why they have 5 different forms filled Labor/I-140/I-485/I-760/I-131 blah blah blah when they could just do it with 1 form like any other country have or may be 2 layers, labor and I-1485. There's no logic of having to file I-140/I-760/I-131. It's all money game...
In this big black hole we are alone, not the govt. nor the lawyers really care for what goes with us. USCIS is just a money making machine for the govt. Rules are made complex and there are several layers of forms. I wonder why a person should go thru 2 stages before filing for I-485. Or why they have 5 different forms filled Labor/I-140/I-485/I-760/I-131 blah blah blah when they could just do it with 1 form like any other country have or may be 2 layers, labor and I-1485. There's no logic of having to file I-140/I-760/I-131. It's all money game...
coopheal
01-13 12:54 PM
Hello,
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
For dependent include:
1) you should include copy of dependent's I-485 recipt notice, you can include copy of primary's I-140 application but is not required. you should also include copies of prior AP's
2) You do not need to include EAD documents
3) No there is no difference based on previous AP.
4) If you are a July 07 or prior I-485 filer fee is not wavied. you have to submit a check for $305.
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
For dependent include:
1) you should include copy of dependent's I-485 recipt notice, you can include copy of primary's I-140 application but is not required. you should also include copies of prior AP's
2) You do not need to include EAD documents
3) No there is no difference based on previous AP.
4) If you are a July 07 or prior I-485 filer fee is not wavied. you have to submit a check for $305.
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abracadabra102
09-12 12:12 PM
McCain was always supportive of H1B and EB Green Card issues whereas Obama is not very supportive and would relegate the decision to his buddy senator from IL, Dick Durbin who sponsored the strongly anti-H1B Durbin-Grassely Act
I second this opinion. Republicans in general and John McCain in particular are in favor of EB immigration (going by their actions). Dems tend to be pro-labor and anti-immigration.
I second this opinion. Republicans in general and John McCain in particular are in favor of EB immigration (going by their actions). Dems tend to be pro-labor and anti-immigration.
more...
jkays94
07-21 08:43 PM
I think it is very important that all those seeking to file a case against the DOL review the Liberty v Chao ruling (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv0915-41). It will be very difficult to file and win a case prior to September 2007 unless one files a case in a different federal circuit. Note that the 485 and DOL cases were in the DC circuit which lawyer Rajiv has been cited as noting are averse to decisions against the executive branch of government.
I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):
However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).
I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):
However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).
Jaime
09-05 02:22 PM
Add 1 to counter. I am in from California...Great news! See you there!!!
more...
H4_losing_hope
02-13 04:23 PM
Thank you abhijitp, waiting4gc and needhelp! These are some great pointers, and my chances sound better already. I am going to see what I can do :) Things have picked up a little on my numbers today, happy to say at 163 now!
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gcwait2007
03-13 04:58 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
I am also like you. As I have been searching this forum, I understand that you can ask your new employer to process a new EB-2 PERM, once it is approved, the new employer can submit for I-140 with interfiling of old PD of EB-3.
I am also like you. As I have been searching this forum, I understand that you can ask your new employer to process a new EB-2 PERM, once it is approved, the new employer can submit for I-140 with interfiling of old PD of EB-3.
more...
eb3_nepa
05-25 11:49 PM
Just I485:
Isn't just I485 receipt enough -
c. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application
( (a) AND (b) ) OR (c)
+ Photographs:
...or if you are in the United States and filing for advance parole document.
You must submit two identical color photographs of yourself taken within 30 days of the filing of this application.
(Photo spec on page 5 of http://www.uscis.gov/files/form/I-131instr.pdf)
Alongwith I131 and US$305
Note: When I filed EAD, I didn't do over documentation (refer to http://immigrationvoice.org/forum/showthread.php?t=18737). In case of AP also overdocumentation should not be required.
I am not sure what you mean...
Isn't just I485 receipt enough -
c. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application
( (a) AND (b) ) OR (c)
+ Photographs:
...or if you are in the United States and filing for advance parole document.
You must submit two identical color photographs of yourself taken within 30 days of the filing of this application.
(Photo spec on page 5 of http://www.uscis.gov/files/form/I-131instr.pdf)
Alongwith I131 and US$305
Note: When I filed EAD, I didn't do over documentation (refer to http://immigrationvoice.org/forum/showthread.php?t=18737). In case of AP also overdocumentation should not be required.
I am not sure what you mean...
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conundrum
03-07 12:06 PM
Got the letter last week and I am willing to contribute for this cause.
But if we are paying up I think we should find out who has the earliest notice date / number and use that to ask for the info that way we can avoid at least some of the backlog.
Even though I have voted for $25 contribution, wouldn't mind paying more if there is a shortage of funds.
But if we are paying up I think we should find out who has the earliest notice date / number and use that to ask for the info that way we can avoid at least some of the backlog.
Even though I have voted for $25 contribution, wouldn't mind paying more if there is a shortage of funds.
more...
tawlibann
03-20 04:57 PM
You are certainly entitled to your interpretation and Mr. Gotcher is entitled to his but I wouldn't go as far as calling it a ploy to increase more traffic. I am not sure if you are an attorney but he is and he certainly has more understanding of immigration law than most of us here. As with any law and immigration in particular, there is room left for interpretation and Mr. Gotcher is simply stating his point of view. You are more than welcome to disagree with him but I wouldn't call him greedy.
According to posters on Mr Gotcher's forum, there are law firms that are already preparing class-action lawsuits on behalf of I-485 applicants who claim to have been disadvantaged by the change of interpretation in the April bulletin. I don't see anything wrong with Mr Gotcher discussing the issue to clarify different interpretations, and even determine whether these potential lawsuits have good chances of succeeding. This issue and potential outcomes are equally important to both EB-2 India and EB-3 ROW people.
According to posters on Mr Gotcher's forum, there are law firms that are already preparing class-action lawsuits on behalf of I-485 applicants who claim to have been disadvantaged by the change of interpretation in the April bulletin. I don't see anything wrong with Mr Gotcher discussing the issue to clarify different interpretations, and even determine whether these potential lawsuits have good chances of succeeding. This issue and potential outcomes are equally important to both EB-2 India and EB-3 ROW people.
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vjkypally
11-15 01:31 PM
Flower campaign wasnt started by iv (atleast not by the seniors), it slowly gathered momentum on its own and produced results. After seeing this bulletin I ve lost hope in all this lobbying and stuff. We need publicity and more of it. Fasting for a day if organized by iv could bring more results.
more...
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mirage
06-25 04:17 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
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user1205
09-17 04:51 PM
and if not current at least closer to our time :)
oh.... i see....thats how it works...
I just wonder how long it will be untill EB3 ROW is current. ???
oh.... i see....thats how it works...
I just wonder how long it will be untill EB3 ROW is current. ???
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rajsand
09-20 12:03 PM
I am sure the awareness and the seriousness was missing among the locals!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
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bluekayal
07-27 10:55 AM
I had an august 2004 labor that USCIS erroneously predatd on my 2006 August I-140. A couple of years ago when 2004 Aug was current, I followed up and was then told that I should never have been given the 2004 date as no I-140 was filed for it..and told, So, sorry about it...but please keep waiting for the priority date.
a USCIS mistake that they corrected after 2 years ....lots of frustration for me....
a USCIS mistake that they corrected after 2 years ....lots of frustration for me....
more...
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newuser
06-27 09:23 AM
Got my approval but my spouse hasn't yet received one.
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
Call the 1-800 number in the approval notice and select the options 1->7->4->3 and they will be able to help check the status of the application. You need the receipt no when you call them
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
Call the 1-800 number in the approval notice and select the options 1->7->4->3 and they will be able to help check the status of the application. You need the receipt no when you call them
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prince_charming
09-12 07:28 PM
I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
After searching on google, i found almost 20 cases on first 2-3 pages itself indicating the denial notice and MTR.
I think they are just sending denials to put us in another limbo.... Its going to be the hardest and longest 10-15 days of my life........
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
After searching on google, i found almost 20 cases on first 2-3 pages itself indicating the denial notice and MTR.
I think they are just sending denials to put us in another limbo.... Its going to be the hardest and longest 10-15 days of my life........
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gc_kaavaali
05-21 02:46 PM
Come on guys!!!
senthil
03-19 09:55 AM
I see usage if "STEM degree" in most of this thread - conversations .... Would like to understand more on what STEM mean. Can anyone 2 line brief when u get a moment to spare. thanks.
senthil1
07-18 12:15 AM
Actually it is normal that PD will go back in year end. So october it should move forward. I think from 2000 to 2003 H1 was increased to 195k and that made the situation worse. Otherwise general waiting time is 3 to 5 years for Eb3 and 1 to 3 years for eb2. In all visas H1,L1 and F1 Indians are topping every year and increase of 20%. And most of the H1s are coming through consultancy companies and successfully surviving here. Obiviously that made gc waiting time too much.Also in India skilled people are increasing because of outsourcing. Infosys is recruiting 25k people in this year alone. May be total 5 lakh to 1million high tech people will be added in India job market this year and that will grow in future. Around 50k to 1 lakh people are expected to come here for student visa this year. Most of them are interested in getting gc. May be around 2 lakh to 3 lakh people are interested to come to USA from India every year. Including families 1 million people are interested in coming to USA.Add other countries. I do not think that much job growth will be there in USA. Interest rates and inflation are going up. May be job growth may slow down. In that case USA govt will see if it is really useful to increase immigration. Of course they need exceptional people. But not lakhes of people every year. We are not seeing big job growth like dot com period. Also anti immigrants are having their own reasons for preventing immigration. I think everything will be stablized with eb3 waiting time 5 years and eb2 2 years in future as lot of people will lose interest
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