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nixstor

03-24 02:55 PM

Now everything is queued..... no more cutting lines.



Dear VB,



I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.

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gemini23

08-02 01:06 PM

GO with fedex. and stay away from DHL. my experience.



I was wanted to know what is the best way to get something from India, please share if you had any experience.



thanks

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desidude

08-04 02:48 PM

Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...

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gc_check

07-16 10:29 AM

As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.

I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...



Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...

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GCWhru

05-28 01:35 PM

Greatly apprecite if anyone can give their inputs...



I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?



So my query is...



1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).



Any inputs will be greatly apprecited....



I think you are fine having a Dec 2006 priority date, you can take a risk, probability of getting approval is less than 1%.



One of my friend with Sep 2003 PD, getting married on August and he is taking risk and praying God that his GC should not get approved before his marriage.

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gc4me

04-23 10:18 AM

this statement is not true. USCIS does not send I-140 approval to alien as it belongs to employer.

u will get a copy of the approval notice directly from USCIS though.

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ramus

06-27 02:33 PM

I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.

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nixstor

09-03 10:14 PM

It helps for the older PD's who were stuck in name check for many years.



They are collecting this for New visa # which are going to come in Oct.



So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.



Guru's any insights.



Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

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vbkris77

04-13 11:06 PM

Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.



http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4





(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-





(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;





(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

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sandy_anand

12-08 05:50 PM

"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."



My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.



Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.



Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.



Bpositive.



Congratulations!

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allybarbar

06-22 05:18 PM

I worked in Boston. I was laid off Friday. I have been advised by 2 immigration lawyers that it is ok to file for Unemployment benefits. I filed today. I will let you know the outcome. The lady at Unemployment office seems to think there is no reason i won't get it, but shes really just a data entry person really. Fingers crossed i hear nothing.



Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.

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rajmirk

04-08 09:51 PM

ANyone has any links?



Thanks in advance,

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immigrationvoice1

03-06 03:44 PM

I say EB3 India will move to Jan 1st 2002.



Please provide some more estimates for EB3 India....

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jonty_11

07-11 03:07 PM

as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...

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fromnaija

05-22 04:45 PM

Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.



Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.



With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,

1. based on pass marks?

2. based on who has the highest number of points for each country

3. Does the priority date come into plat at all?



hope somebody has the answers for these questions.

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krishmunn

05-25 10:49 AM

I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.



Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?



everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?



I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).

I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.



Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !

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pasupuleti

02-14 12:33 PM

That's great!!!



Who were "we?"





And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!



Thanks.



-L.



Who were "we?"



we are local representatives from immigration voice. We are doing meet the lawmakers drive in CA.



Yes, we will send a email to Mike Honda's office to stress on transparency about the blacklogs process in their letter to DOL.

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VenuK

07-10 02:43 PM

Hi Dhundhun,



Thanks for your response.

to your question:



.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.



VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.

In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.



advices are always appreciated



Pls let me know...



With Thanks,

Venu

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smuggymba

05-20 09:56 AM

How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.



FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.



IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).



Did you contribute even 50 dollars for April advocacy now that you want IV to work exclusively for you?

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bablata2007

11-27 04:01 PM

Thanks for the information. Definitely helpful. I will keep an eye open for any other information on these sticky situations.

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