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Saturday, June 25, 2011

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  • praveendk
    04-12 09:20 AM
    I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.

    When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question (http://immigrationvoice.org/forum/showthread.php?t=19323) on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.

    I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.

    In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|
    hi mirchiseth, I recently applied AP to wrong location. I guess some one had the same situation while back. Do you remember how did that fixed.
    Basically my case is pending at texas, but i wrongly sected missory and so my receipt number says MSC, that is what i realized that it was efiled to wrong location. Any help in this would be appreciated.
    I also took infopass appointment to check, i am not sure if i get help with out getting the confirmation receipt as i efiled yesterday.





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  • rkrishna
    11-27 11:37 PM
    Thanks for the reply. I have updated my profile and my service center is TSC. Could you let me know how to contact congress man and any process for that





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  • WeShallOvercome
    07-19 02:19 PM
    My employer has always provided me the receipt numbers. I'm talking about the physical receipt notice which I might need just in case i need to invoke AC21.

    IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.





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  • jsb
    01-07 01:54 PM
    I now applied for EAD for my wife (not because she is going to work, just go get SSN). I do plan to get SSN for her and then file amended 2008 return. I wonder if I will get stimulas package then (the one which was given in 2008)?

    I amended my tax for 2007 (filed in early 2008), intially filed with my spouse's ITIN, to change my spouse's ITIN with new SSN. IRS did not send any check. They simply replied that people without ITIN are not eligbile, which I knew, and which was the reason of my amended tax filing. Looks like simply changing ITIN to SSN is not treated as a tax amendment.

    If changed situation (new SSN, children etc.) allow the check, this year's tax should take care of it as per instructions on IRS website.



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  • waitnwatch
    07-15 04:19 PM
    Yeah! They're doing advanced I-485 processing for those who will submit their application within the next 2 weeks!!!!!!!!!!!!!

    Jokes aside....that's a typo...

    It is not just 10 days but over 375 days (from July-19-2007 to July-28-2008)

    I can understand how you overlooked this. :)





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  • jnicklo
    04-17 11:48 PM
    *sigh*

    It all depends on what the employer is looking for.

    Like I said, if you need tips on finding your first, second, third job let me know. I'll be more than happy to help.




    Lou - Go do something useful and comment on the work I posted in Showcase.



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  • veerkar
    01-18 03:53 AM
    Look at publicly available data. Yes, market is not as good as 2005 but doing very well.





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  • matreen
    08-04 12:12 PM
    Team,

    I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.

    my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?

    Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?

    if my eb2 gets denied, what happens to my eb3 case?

    Please advice.

    Thanks,
    Matt.

    It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.

    Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.

    My two cents worth!!!



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  • guyfromsg
    10-03 07:28 PM
    I'm in the same boat, FPd on 9/20 no LUD so far. Besides calling FBI FP phone number and checking with them if the results have been sent to USCIS you can't do anything other than waiting. FP has nothing to do with name check.

    Some people got LUD after FP and some didn't ( like me). Please do a Google search "FP no LUD" and you will see various forums in , Immigrationportal, IV and murthy talking about the same and there is no black and white answer. Good news is some people even got green card without any update on the LUD.

    Yes I agree it's frustrating but our options are limited at this point :(





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  • aadimanav
    08-23 06:53 PM
    Thank you Pappu and GC_chahiye



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  • apt29
    06-04 10:30 AM
    If company is promoting and Apply for EB2, then the PD should be Promotion Date. Because EB2 qualification starts only after promotion. One cannot go back and get old PD and attach it to EB2 after promotion. That is unfair to people, who are already promoted and applied before. Hope this makes sense.

    Why are you jealous. Seems like he is qualified for EB-2 and applied it.

    Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.

    What's wrong there other than making some people jealous.





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  • logiclife
    12-11 01:23 PM
    It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.

    If your date is not current:
    This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.

    If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.

    So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).



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  • gcnirvana
    05-17 05:52 PM
    Sorry to bump it up as I know all are busy glued to the CIR thread and applying 485. But I have an appoitment with the local immi officer and thought any advice here would supplement my discussion with him/her. Thanks again!





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  • gc_dreamer_485
    10-13 11:45 AM
    Guys,
    Finally my problem and my questions are solved.
    I drove up to the Canadian Border near Niagara Falls (Buffalo), they Canaidan Border Officials took my I-94. I took a drive in canada for 10 minutes. I even stopped at spot to view the Niagara Falls from Canadian side and drove back into US. I was issued a new I-94 with out any additional interogation.
    What surprised me was my Canadian Visa expired on 09/01/2007 and i was still allowed to enter into Canada.
    Anyways Thank you guys for all your responses.
    I am kind of relieved related to my issue related to I-94.
    GC_DREAMER_485



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  • eb3retro
    11-19 11:58 AM
    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs


    i would say its a long wait..its high time u get it..congrats..





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  • pappu
    03-31 12:43 PM
    If you have extra time, please send this to all major media outlets on the east coast using this form and inputting zip cdes of big cities.



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  • jkamel5
    07-10 08:38 PM
    Thanks for your amazing help.
    I have two more question that I am not sure about:

    1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?

    2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?

    Thank you,
    John



    Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).

    If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.

    The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.

    The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.

    From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.





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  • Alabaman
    12-10 11:42 AM
    So why do you care? Do you intend to stay past your 'visa' expiration day in the first place? Good to know though.

    The question though is do they use the actual visa expiration date or your status expiration date? Considering the fact that you can have a visa valid for 2 years but still be in status longer than that period.





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  • arnet
    07-05 04:38 PM
    there are few famous talk show hosts in KABC radio (Southern california), atleast 5 of them, who have larger listeners and they have devoted one hour everyday regd immigration issues (until they kill this CIR bill because they dont like amnesty issue), they do usually their programs from morning 8am and 5pm-11pm, so I request IV core team to contact their producers using their 1-800 numbers and explain the other side of story i.e. documented workers and how they suffer and what relief this bill can provide us.


    for more details, please visit:
    http://www.kabc.com/home.asp

    IV core team: please contact Rush Limbaugh's talk show host, he has atleast a million listeners.

    Thanks.:)





    Leo07
    11-30 05:03 PM
    I can completely understand the liberation from people who take undue advantage of our status. For now, I can only dream about my liberation:)

    Best of Luck with your future endeavors. Please stop by to answer any questions on this forum

    Cheers!

    Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)

    It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.

    I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!

    Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!

    Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!





    senthil1
    11-30 09:51 PM
    Actually CIR was started by President Bush to regain hs popularity. Other than that it is complicated and tough to pass thru. Really lawmakers have to work hard f they want to pass because it is tough to satisfy all. So most of them must be cautious unless it comes up for discusson. Moderate people may try to maintain status quo. If CIR is pendng then all the immigration related items including EB relief will be attached to it(People will try to attach so that it can be delayed as much possible). If Congress starts discussion on Jan 2007 possiblity of becoming law is on May if they introduce CIR. But immigration may not be that much national importance issue for US congress. It does not matter whether an illegal immigrant will become citzen on now or 2009. Economy will not have an impact. Similarly a H1 person gets gc now or 2009 or 2011 the impact will be mnimal for US but impact will be heavy for that immigrant. Also Economy may slow down n 2007 and job demand may go down then it is tough to justify increase of H1 when joblessness starts increase.
    I think EB2 will improve much better in coming months and EB3 also PD will move at least a few weeks to few months. Atleast people could extend H1 after 6 years. In 1999 and 2000 people did not have that option and some people left USA and came back after year. So to get gc was challenging atleast for 50% of people for past 10 years. Some people got this easily some time in past.