Thursday, June 23, 2011

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  • seekerofpeace
    09-15 09:28 PM
    No what I meant was that they don't even have the PD in front of them and no personal details....so I guess I can take a chance....they have limited information anyway...

    SoP




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  • Refugee_New
    08-02 12:18 PM
    Hello guys please let me know if i am eligible for filing WoM.

    My case details are:
    EB2, PD 02/12/2002.
    I-485 RD: 06/06/2007 and ND: 06/15/2007

    I have converted my EB3 PD to EB2. Last month i applied for EAD renewal thinking that it might trigger my GC approval(some people still believe in this)

    Today i received my EAD with 2 yrs extension. I consider this as a bad sign because USCIS clearly states that if the visa is unavailable then they will issue 2 yr EAD.

    In my case my PD has been current since i filed 485 except two months in this year when EB2 was U.

    I have opened 3SRs(on march, april, june 08), went for infopass once, written letters to 3 senators and 2 representatives on july 7th, 2008, sent fax to NSC, also sent letters to NSC and NSC director twice, called NSC several times. I could not get any status update other than the regular response(case is pending and waiting to be assigned)

    After taking all these efforts i recently received response for one of the SRs(for june 08) stating these type of cases taking time for approval and i need to wait patiently.

    I dont know if i can wait anymore because i have been waiting for close to 7 yrs.

    Now in this situation can you guys please let me know what i should do and what should be my next move?

    Do you guys think i am eligible to file WoM? if yes please guide me on how to do it.

    Thank you so much guys. Looking for some help.




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  • grupak
    06-11 11:46 AM
    ^^^^




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  • bluekayal
    10-29 03:18 AM
    @alterego

    I remember that night....since then I lost my 2004 PD, had many hopes dashed, got laid off and so on...but still here, Enjoy your Green!

    "I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be. "



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  • sledge_hammer
    01-28 03:34 PM
    I don't think AILA is fighting this memo on the grounds that it is illegal because of the fact that E-E relationship is illegally defined by USCIS, but they are fighting on the grounds that it is illegal because such directives should come in the form of laws!

    Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!

    EDIT:
    After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.

    AC21 doesn't contradict any law. AC21 memo is a real memo. It provides guidance for areas that are not clearly defined. So no point in comparing AC21 memo against the latest illegal memo by USCIS.




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  • pappu
    05-24 02:36 PM
    This is what the callings have done!
    For HR 5882, From 2 to...

    COSPONSORS(13), ALPHABETICAL
    Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
    Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
    Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
    Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
    Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
    Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
    Rep Speier, Jackie [CA-12] - 5/22/2008

    Yes that is correct
    Thanks to everyone that has been calling.
    It was all because of IV member's effort :
    - calling offices that was done in the last couple of weeks,
    - state chapter members formed groups and visited DC,
    - state chapter members went to local lawmaker offices. We had a national conference call for all state chapter members before we started this campaign.
    - IV core lobbied hard over the past several months when these bills were in the works and are continuing to lobby for these bills.

    calling, faxing, meeting, writing letters ... everything works.

    Meeting works best.
    It is all a question of how much you are willing to invest in this effort.

    Digital signatures are just digital signatures. Anonymous letters are good for trash cans. Writing and calling lawmaker office is very helpful. In person meetings with staff are more valuable. In person meeting with the lawmaker himself is invaluable. Getting your employer to contact your local lawmaker office and also write about this is invaluable. Forming a group of people/actively participating as a state chapter and then going to a lawmaker office to lobby is invaluable.

    So ultimately it all depends on how badly you want your own greencard and how much you value this effort. If the effort a person wants to do is only an online petition with digital signatures, then such effort is not even worth wasting time on. It will only make anti immigrants happy.

    And no action is done haphazardly. We try to organize the effort. We just dont post our plans fully on the public forums. State chapters are more organized than forums and state chapters and their leaders have access to more information. If anyone wants to help us organize us better, please join us and help us. State chapter is just a start. we need everyone's expertise in organizing this effort better than what it is.



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  • desi485
    11-09 03:29 PM
    Nice. It appears that according to the link below:

    http://immigration-information.com/forums/showpost.php?p=18946&postcount=28

    The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.

    On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.

    Thoughts?

    One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.

    1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.

    2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).

    I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.




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  • Hope_GC
    07-15 07:08 PM
    pmb76,

    I agree with you we are at least not turning blind eye on this kinda false propagandas.
    Fight for truth is a difficult thing but when fought with full enthu you will see the results(what ever they might be something positive).



    I don't know what this petition is going to do. Atleast it will convey to CNN top brass that there are people out there who won't tolerate such lies. Maybe it won't do anything now but we must continue our efforts and oppose such false propagation of information whenever we can.



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  • BharatPremi
    03-13 02:06 PM
    BharatPremi... think u might be mistaken ...

    I have to agree with sunny1000. The consulate page says this in clear text.

    "The following numbers are derived from the Department of State's Visa Bulletin."

    Yes, it says "derived from" it does not say "equals" or "mirror"...Many times CP dates align with AOS dates and many times do not.. so Let's wait. If it will mirror this time we all would be glad.




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  • bkam
    06-07 02:48 PM
    A lot was said above but some basic things still need clarification.

    I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
    I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
    I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.

    These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege...



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  • SGP
    04-19 02:49 PM
    Congrats. Enjoy your freedom.




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  • caliguy
    10-28 08:13 PM
    @ vikki76

    Please check this thread and September 2009 approvals thread. I saw names of the a couple IOs who had been helpful at NSC. If you cannot find it, please let me know and I will try and scan both the threads for you.

    I got your pvt. message, will send you the letter tonight when I get home.

    NSC.
    Let me send u a pm to get text of that letter too.



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  • ramraj_02
    04-12 03:18 PM
    Just paid my contribution through paypal.




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  • h1techSlave
    07-10 09:33 PM
    As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.

    From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.

    Flowers to Condi; any body?

    Cheers,
    h1techSlave



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  • raj2007
    06-15 01:00 AM
    This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.

    Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.

    Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting

    This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.




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  • gondalguru
    07-18 12:02 PM
    If USCIS decides to use the postmarked date as the filing date then it would be trickier for those whose PD was not current in June but have "filed" on June 29/30.

    USCIS doesn't use postmark date. Don't sperad incorrect info and don't make other members anxious needlessly.

    July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).



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  • wandmaker
    06-06 05:29 PM
    Just finished calling all of them. Was very easy. 9-11 minutes top.
    GCCovet

    Thank you




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  • desi485
    11-09 11:25 PM
    Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?

    From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..

    As far as I know, one retains the PD for life once I-140 is approved; unless CIS revokes I-140 due to fraud or min-interpretation. Otherwise PD is yours forever, across the category (eb-1, 2 or 3).




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  • akkakarla
    11-21 11:40 AM
    There is a speculation that Lou Dobbs may run for President as Independent. Whaw I really want to see him run for President and see in debate what he tells about various issues.

    Anil




    widad2020
    01-31 11:14 AM
    done




    anukcs
    04-03 08:16 AM
    Donated $50. Thanks to all volunteers. Wish i could be there in DC but I won't be able to make it.

    Thank you.



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