Wednesday, June 15, 2011

the journey to the cross

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  • va_12_2004
    07-19 08:42 PM
    First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.

    The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.

    I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.

    We will win at the end, because we have not done anything wrong. Just keep unity.
    Thanks

    I contributed $150




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  • number30
    02-26 10:13 PM
    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.




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  • ski_dude12
    12-16 04:23 PM
    With EAD, I got mine renewed for 3 years in NY:cool::cool::cool:




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  • va_jan_03
    06-07 10:57 AM
    can't make it to DC, made a contribution.
    Transaction ID: 94R50453J99520901

    Good Luck !!!



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  • trueguy
    08-11 02:55 PM
    Doesn't work. When I select nationality as India, results are ZERO. I wish that was true :)




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  • AgentM
    07-17 07:22 PM
    The WAR ain't over YET.

    Don't get carried away with these small victories, you will be stuck with EAD for the rest of your lives.

    Don't forget the main goal, "Increase of the VISA numbers".



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  • siddar
    06-30 11:13 AM
    This is my 2 cents, take it or leave it. Please consult the lawyer before taking any decision.

    Two H1 are allowed, as long as both are part time and total hours per week is around 40 hours. If you already have a FULL time H1, that is 40 hours, then the Intelligent IO might think that your taking someone else's job.
    You can have multiple FULL time H1, but can work for only one employer FULL time.

    If you have GC or Citizenship, then the labor laws are different.




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  • zvezdast
    07-04 08:50 PM
    I did the fingerprinting on 06/02/07, first and only time. So, it took exactly one month between FP and 485 approval.
    I hope it goes like that for everyone.



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  • green_card
    07-20 01:58 PM
    stop the guessing game. give some concrete info if you know it or let someone else that knows answer.
    what you believe doesnt amount to a hill of beans. no offense.


    I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.




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  • riva2005
    11-16 05:58 PM
    That is exactly what the senate has been doing. And the House too.

    Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.

    1. Immigration Reform: cant do.
    2. Ending the war : cant do.
    3. Reducing healthcare costs, reforming healthcare: cant do.
    4. Upcoming social security deficit : cant do.
    5. Budget deficits reduction : cant do.

    Next week, senate is going to do following things:

    1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.

    2. Pass a resolution that water is wet and fire is hot.

    3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.

    4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.

    5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.

    6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.



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  • locomotive36
    11-11 02:32 PM
    ^^ bump ^^




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  • gc_chahiye
    10-09 04:22 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

    ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]

    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.

    Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
    A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
    USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July



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  • Jaime
    03-29 11:07 AM
    Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)

    Best of luck to all!

    MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)




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  • gauravsh
    04-28 06:52 PM
    Thanks for the info.

    Are you presently working?

    J Thomas

    yes, I am a permanent employee of a US based company since june 2006.



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  • indyanguy
    01-16 11:12 AM
    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)




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  • indianabacklog
    07-30 10:11 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
    Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.



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  • glus
    04-17 07:37 AM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    The answer is NO.




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  • siva008
    02-24 12:38 PM
    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks




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  • dharmesh.pariawala
    01-08 02:50 PM
    This gives me hope that atleast this bill will be picked by by March.




    SAPGURU
    06-30 02:36 PM
    Nothing is going to happen...I think rumor is spread by AILA itself so that all people can submit the papers before 2nd July and attorneys can file the cases on 3rd before they go on July 4th vacation, Just watch nothing going to happen in July, No new bulletin.




    tnite
    07-19 09:53 AM
    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.



    If your friend filed as a resident then it doesnt matter . IRS lets tax payers who file as residents take deductions like hope credit, life time learning credit .



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