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  • solaris27
    07-12 08:33 AM
    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:


    I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
    104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.

    Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.


    The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.





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  • chmur
    09-11 09:44 AM
    The actual backlog at beginning of 2010 is 200K (pending I-485) + all EB2 I/C and EB3 waiting to file I-485 from 2007-2010. The no of folks in EB2I/C and EB3 ROW from 2007-2010 will be about 80-100K. So instead of 2-3 years , overflow will start reaching EB3 in ~ 5 years.

    Yes @the beginning of 2010 - 200 K . Now ~@160 K. The flood gates will not open at least for another year. Just like 2009-210, 2010-11 will see significant reduction in backlog , so next year at this time we may be @120 range. That's when it is very close to EB3-I.

    Now problem with your analysis is you assume that USCIS will open the flood gates and make EB2-I current letting in all the applications from 2007 -2010 in one shot. That is questionable, especially since they got burnt in 2007 . They will gradually open the gates . And 70-80 K EB2 and EB3-ROW applications between 2007 -2010 sounds little high.

    So I do think we will start burning the Eb3-I backlog with 2-3 years, by 5 years all categories will be current.

    And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .

    Street Justice ??





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  • rpatel
    07-24 08:59 AM
    We could pose this question to the USCIS Director today. He will be at Ask the White House at 4pm ET today. Pose your question at:

    http://www.whitehouse.gov/ask

    I just posted this very question on the website above. I hope it gets selected for the chat





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  • superdude
    08-06 05:04 PM
    Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..

    How come your priority date in the profile says Jan 06. And now you say Mar10 got approved. Please share more information on your case.

    Priority Date:
    Service Center:
    Received Date:
    Notice Date:
    Changeability Country



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  • Macaca
    01-18 10:06 AM
    Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.

    In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.





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  • xyz2005
    07-18 10:37 AM
    Its getting dicey here

    My attorney says so far I have not received your rejection but not to say USCIS might have mailed one and we have not received it. If we get it then we will resubmit..if not then you will get receipt notice.

    He did not address whether we will be able to retain our July 2nd queue number or not.

    We all should be worried now.! Don't know what to say or recommend.



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  • amitjoey
    11-11 01:49 PM
    YES! We can, we should go to court. But time and again, IV Core (I am not one) has evaluated individual issues and told us that we dont have a strong enough case to justify the money involved. If and only IF we have a strong case, we can get media attention, we should spend the money. Otherwise the money is well spent lobbying. We are talking 50k and more.

    Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.

    We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.

    I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.





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  • nag2007
    04-03 01:52 PM
    Not yet Filed EAD. PD MARCH 2005



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  • makemygc
    07-05 12:29 PM
    I just contributed my first $100.00. Go IV!
    Thanks map_boiler.

    Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.





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  • CT_Green
    09-26 09:56 AM
    This is actually an article by FSB (Forture Small Business) and they have a debate section. Just wanted to make everyone aware. Thanks.

    http://money.cnn.com/magazines/fsb/



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  • jamesbond007
    09-10 11:16 AM
    Is that 30 dots or 30 points?

    It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.

    This is taken from the chat page:

    To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points





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  • dummgelauft
    04-07 11:50 AM
    After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.



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  • crazyghoda
    01-30 02:15 PM
    Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

    My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

    Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

    Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
    Hope the scan helps you prepare in advance the necessary documentation.

    http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
    http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg

    I had discussed this in the following thread:
    http://immigrationvoice.org/forum/showthread.php?p=296497#post296497


    My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).

    The suspense must be terrible!

    Good luck.





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  • skd
    09-18 01:47 PM
    This is MUCH worse than Dot-Com bubble, As Dot-Com bubble was just for IT industry, this financial sector, Housing Sector, Insurence Sector. And obviously IT as IT is service industry for all these.
    So we don't know what will happen.

    It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....



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  • kaarmaa
    11-13 10:05 AM
    If you do not have the time to meet the lawmakers or their aides, call them over the phone explain the situation and email the letter.

    If 100s' of us try and 1 succeeds, we all succeed.

    Good effort.

    I will do my part. If you want to plan a conf call, I'm in.





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  • GCVivek
    03-21 02:42 PM
    UMA001,

    Your case may be sad and I understand your frustration but the fact that you joined the company ONLY FOR GC is itself ILLEGAL. You should have known this was coming. There is no legal standing for them to sponsor your GC without having a job for you (needing your services) AFTER you are granted GC.

    This is simply the truth!

    -Vivek

    Mayhemt,

    Please dont talk without knowing the truth.
    I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
    if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right



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  • Alabaman
    10-20 09:48 AM
    You all have to look at this strategically. We all know at this stage of the election that Obama will likely win. We also know that congress is currently controlled by Democrats. If we have both congress and white house being controlled by democrats, then it is likely that we will have more things accomplished than if we have one party holding to one and another party holding to the other.

    Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.

    So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf

    What say you??





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  • Googler
    04-29 01:00 AM
    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08. I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.

    Good luck to everyone else!





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  • kaisersose
    07-24 02:05 PM
    If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.

    If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.

    My thoughts.

    You are right on both accounts.

    1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.

    2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.





    sumansk
    04-04 11:52 AM
    Hello Guys..
    Here is the summary of the H-1 B reform bill introduced last week in Senate..

    God Bless All of 'US' !!
    http://durbin.senate.gov/record.cfm?id=271783





    ajju
    03-18 10:56 PM
    USCIS director took the course and he failed. Then he went to Moscow and bought a fake BPD&R degree for $175. No wonder we are in such a mess.

    funny :-) lets hope new director had passed and don't possess another fake BPD&R degree :-)



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