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  • vin13
    11-12 05:35 PM
    VIN13

    Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.

    What else you want us to do?

    Thanks.

    Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.

    A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.

    Thanks





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  • krupa
    07-25 03:57 PM
    If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.





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  • GCard_Dream
    12-13 11:58 AM
    Well ... that's the sad part. Everyone in core team is probably reading this but no significant feedback or suggestion has come from them. May be they are all too busy or this topic doesn't have any merit or has been discussed in depth already before. I am not sure what's going on.

    Nomi my friend, looks like we are on our own on this one. ;)

    Do you think no one from core team reading this thread??





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  • gc__aspirant
    05-30 02:49 AM
    Hi All,

    I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.

    Any suggestions on what steps should i take?

    Thanks



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  • sledge_hammer
    07-24 10:11 AM
    To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.

    Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
    After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.

    Thanks.





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  • nomi
    12-11 03:12 PM
    First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.

    Until then, there is no point in having any discussion on this.



    Can someone from IV core team confirm this "this rule change does not need congress action." ???

    If we don`t talk about here then how does core team know aobut it ??

    Anyway i will wait from core team about it. I don`t know either this rule come under USCIS OR Department of State ??

    thx.



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  • ivuser
    01-30 02:25 PM
    Hi,
    I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.

    Thanks





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  • Norristown
    09-11 08:41 AM
    I am a great admirer of IV, because it is the only organization really working for legal immigrants.
    Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
    We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
    Don't we have any channel (lobbyists) to know whether it is marked up or not?



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  • pitha
    01-30 03:20 PM
    I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.





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  • ak27
    01-19 09:21 PM
    Hello Members,
    I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..

    1. Meet the law members compaign. List of Congress Members is below:
    http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
    2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
    3. Commercials in Theaters playing Hindi movies
    4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.

    It is up to us to get these initiatives going as soon as we can.



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  • Jbpvisa
    07-12 11:02 PM
    We Expect Honesty and Consistency by the Agency Created to Provide �Service�

    We expect integrity, consistency, and transparency in our government and our immigration system. This is more so particularly for the USCIS that was created to provide �service� and serve its fee paying clients/ customers. The separation of enforcement, border protection, and other functions from service and benefits that occurred in 2003 requires the USCIS as an agency within DHS to focus primarily in providing quality �service� and benefits to its clients, as its name suggests. Unfortunately, on July 2, 2007, and the days preceding and until today, the USCIS miserably failed those whom it was created to serve.

    There are allegations of improprieties in the usage of visa numbers for cases that have not yet been approved, contrary to regulation. This allegedly artificially increased the usage of the numbers, allowing the USCIS to use them at a rate that is many times its normal monthly usage. The USCIS claims to have approved an unprecedented number of cases and requested all the remaining (approximately 60,000) visa numbers for the fiscal year within a span of just over two weeks. The net result of this, in addition to the damage already caused, will be litigation against the USCIS. This is costly and resource intensive. We are asking you to step in, and right this wrong. In so doing, you would take a significant step toward restoring the integrity of the system that is in place. People must be able to rely upon the system. In this case, they made decisions, and expended significant time and money, based upon the July Visa Bulletin. They did so because Visa Bulletins have always been reliable and have worked in a systematic, unwavering manner, in terms of governing which cases can be filed in a particular month. This must be restored.

    U.S. is the Beacon of Hope � Our Government Cannot Exhibit Greed and Inconsistency in its Policies

    We are a nation of immigrants. Immigrants come to this great nation in search of freedom and opportunities. I am eternally grateful for the incredible opportunities afforded me in the great nation to maximize my potential, build my law firm and lawfully, honestly and diligently serve those who wish to immigrate here lawfully. This is what sets the U.S. apart from other countries and governments rampant with corruption, greed, mismanagement, and other negative influences. The actions of the USCIS in connection with the events of July 2, 2007, have made many feel cheated, betrayed and disappointed in our government. How can the U.S. do this when we portray ourselves as the beacon of hope and the symbol of integrity and transparency for the rest of the world?

    Request is that You Step in to �Right this Wrong�

    Based on the above, we respectfully request you to undertake the following to attempt to redress the irreparable injury / harm caused to so many, including the reputation and reliability of our own government:

    - Issue a directive to USCIS that this issue be promptly resolved. The USCIS must accept the I-485 filings that it was supposed to accept not just in July 2007, but for a sufficient time thereafter to allow for the proper preparation of those filings, including the need for medical examinations and accommodation for travel plans. This means that the USCIS must accept I-485 filings at the earlier fee and grant a minimum of an additional 46 days (time that would have been allowed from the date of the issuance of the Visa Bulletin on June 12, 2007 until July 31, 2007, the date until when the I-485s could have been filed but for the actions of the USCIS).

    - Investigate the irregularities in the use of visa numbers as explained above. We would ask for you to launch an investigation into the usage of visa numbers for cases that were not approved, and to restore those numbers and make them available during FY 2007.

    - Investigate the expenditures in terms of overtime, contractors and other efforts that were allegedly engaged in as part of the effort to deplete the allocation of visa numbers for FY 2007 before July 2007.

    - Take all necessary measures to avoid any possibility that a similar event could occur in the future.

    We expect you to step in to attempt to �right the wrong�. I believe that you will do the right thing for American employers and hard working immigrants who play by the rules not to lose faith in the integrity of our legal system and in our government. We appeal to you to do the right thing legally, morally, ethically and in good conscience. Our people need to gain back some of the trust in our government, our legal system, and in our country.

    Thank you for your time and anticipated favorable consideration in this matter. Please do not hesitate to contact me if you have any questions.

    Yours truly,


    Sheela Murthy
    President and Founder
    Murthy Law Firm


    Cc: Emilio T. Gonzalez, Esq.





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  • chanduv23
    12-26 04:02 PM
    Dubai - no issues without valid stamp

    Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments

    Amsterdam/Schiphol - No issue without valid stamp

    London - ?????

    Seoul - ?????

    Singapore - ??????

    Bangkok - ?????

    Kuwait - ?????

    Zurich -- ????

    Geneva -- ???



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  • PD_Dec2002
    07-05 12:22 PM
    Just my $0.02:

    I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.

    If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.

    IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.

    Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.

    Thanks,
    Jayant

    Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.





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  • harish
    04-24 10:07 AM
    Congrats Googler!

    I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.

    EB2, NSC PD 10/02
    I-485 RD - 02/2007
    Approval Notice - April 23'08

    Congratulations and enjoy the green!



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  • Jaime
    09-14 11:35 AM
    Guys EVERYBODY needs to come to DC, there are few valid excuses not to attend! Many people are flying from far-flung places and making this sacrifice for you. You need to make a sacrifice for them too!!!!





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  • PHANI_TAVVALA
    05-15 11:21 AM
    Now why do you think that a Harvard Graduate will stay with $120K salary for 15 years .Don't you think that in 15 years he will make much more compare to the average job?I know couple of my friends from MIT sloan are making $200K just after 3 years of graduation.

    Read my friend read! "Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.". Do everyone who graduate from MIT Sloan make $200k after 3 years of graduation? Think about it. What do you think average salary of a ISB graduates is when you were hearing students getting offers of Rs. 1 crore? It was only 15Lacs.



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  • pointlesswait
    07-28 12:45 PM
    I would recommend each and everyone...be it a believer or a non-believer..
    to read the book by Richard Dawkins: The God Delusion..

    If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

    You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!





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  • greenlight
    08-17 01:45 AM
    hi everyone,
    I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.

    I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
    I recently got a master's degree in another field, and my current job can hire me in a different position.

    Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?

    Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.

    Thanks.





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  • GCKaIntezar
    12-27 02:31 PM
    Just to shed some light on the mortgage scenario -

    Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.

    The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.


    Just to clarify on all the confusion:

    If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.

    For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.

    I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.

    But I do have a valid visa on my passport.

    About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.

    Singapore does not require any visa.

    No visa for Germany, Middleeast and most of the East Asian stops.





    ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





    ewana
    08-26 12:11 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.



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