Saturday, July 2, 2011

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  • willIWill
    11-02 12:40 PM
    WOW...

    In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!





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  • loudoggs
    08-31 10:55 PM
    Nice article....Thanks for sharing!!

    ABC News:

    http://www.abcnews.go.com/Business/story?id=3526093&page=1





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  • wahwah
    06-05 06:43 PM
    i think this is just another interim or supplemental memo. Oh's website says that the rule making agenda for ac21 has been pushed out until next year.

    About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?

    Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?





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  • bharol
    08-18 12:59 AM
    Trust me. You would see an approval this month. Most of the people who got an LUD on their approved I-140 on 07/13/2008 are seeing their GC approved. Only uncertain people are those who hasn't seen any such light.

    Thanks. This gives me some hope.
    I had LUD on my approved I140 on July 27,2008.
    Does it mean something?



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  • qplearn
    12-20 05:23 PM
    nice post, and I have been thinking of the same; in fact, I have expressed this thought before. Only the very naive will not understand this or think that USCIS is using the numbers in the right way.





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  • repy_ram
    06-24 01:25 PM
    Got the following email from USCIS.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On June 22, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    At last after waiting for 5 long years got my GC approved on 22 Jun07!!

    Don't want anybody to be stuck in the process for 5-10 years. Will be supporting this team till we reach our goals. And I really hope we do..

    Thanks to IV & all my friends over here, for keeping me sane during this time :)



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  • sujan_vatrapu
    11-03 07:27 AM
    if they want to get it done they wud have, we think repubs try to divide and win but dems are masters doing that, just dont believe dems atleast more than repubs





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  • Vsach
    07-27 08:01 PM
    You are being a jerk and don't encourage others to be:mad:



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  • Rajk
    09-10 02:26 PM
    A Google search on Yates memo returned this link http://www.shusterman.com/pdf/ac21-51205.pdf.

    I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.





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  • mrajatish
    12-14 08:40 AM
    If an employer does not take advantage of employees by doing illegal things while applying for labor sub (e.g., asking for money, asking employee to sign a bond etc), it is a legitimate way to get GC. I have repeatedly said that PD transfer during labor sub should be stopped, if possible. However that has consequences too because of the stupid "labor must be pending 1 year for H1 extension" rule.

    There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.

    However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.

    We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.

    -Raj



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  • helloh1
    01-26 06:19 PM
    hey lazycis.... thanks for the pdf. Its very informative and relieving too.





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  • 140jibjab
    05-13 02:59 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.



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  • se_vnt3
    02-28 02:41 PM
    Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
    you are just telling us your side of a photoshopped story.

    Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.

    Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?

    to make matters worse, you stayed illegally in a country and did not follow the rule of law.

    1. I am beyond the �waiting for my delayed Green-Card� and �attempting to correct my ilegal status� stage. I am not new to immigration, I�m true to immigration.

    2. I am no longer fighting for my rights. I�m OK. I�m in my own country with all rights available to me and am offered a Waiver by the U.S. to visit my friends, family and loved ones when I want. Today I�m fighting for my USC Immediate Relatives� rights from my country. How many of you high&mighty can say that? Probably never will too. You�d have to walk in my shoes and from my view none of you except for 24ps can fit them, though sledge_hammer might have to learn how to walk in them. He/she sounds a lot like me in my smug and cocky drug peddling and trafficking days. Clue, sledge_hammer: The key to expertise does not lie in what you do but in how you do it. Obligating an unrequested personal opini�n on someone is quite negligent and incompetent of a professional. But I guess that�s what�s expected of IV while you�re dug in here, hunh? How unfortunate.

    3. You who are new to immigration can probably learn a lot from my case if you weren�t so caught up in your virgin-eared-newbies image. Like anyone�s going to believe that. Anyone who�s anyone already knows all you want is your Green Card or for whatever human right you feel is being overlooked in this life to be acknowledged while you�re still alive � like me. Let�s hope none of you will ever need an individual such as myself to understand your case anytime in the future. God bless you in all your endeveours.





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  • jonty_11
    06-07 12:21 PM
    Dont worry after teh CIRcus in senate for the last feweks..I think no one will dare touch the immigration issue until 2008 Pres Eelctions now...This bill will defintely die away.



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  • neoklaus
    10-27 10:21 AM
    Congrats!!..

    BTW,which service centre?

    Nebraska





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  • psolanki
    07-06 03:09 PM
    http://timesofindia.indiatimes.com/?



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  • bobyal
    05-12 09:03 AM
    The bill text says there is NO fee and the applications need to be processed expedited.
    --------------------------------------------
    SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
    --------------------------------------------

    So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.

    This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.





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  • myvoice23
    07-20 07:27 AM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.


    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.





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  • Sakthisagar
    10-28 08:38 AM
    "This time you have a great opportunity to consolidate and by working in India, by becoming a good quality professional you will sustain the advantage we have created and will make growth in India a permanent rather than a temporary feature."

    Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.

    I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.

    hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.





    anu_t
    08-22 01:58 PM
    I am really surprised. Why would it EB3 go back to 2001.
    I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:





    jitnair
    08-05 09:50 PM
    But consider this: I just posted this in the approval thread:

    Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.

    Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.

    Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.

    This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.

    Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.

    May be writing to Ombudsman will help in this regard.



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