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  • fromnaija
    07-23 05:19 PM
    My lawyer also submitted my 485 without the employer's letter. She maintained that since I currently work for the petitioning employer, it is not required. She only submitted my pay advice.

    Thanks much for your time! We already applied without it.
    Lets see... I don;t have much in my hands other than waiting....





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  • BumbleBee
    08-02 02:32 PM
    Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??

    here is my story:
    i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.

    if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:

    thanks for the help and i'm sorry in advance for my lack of knowledge :)

    When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.

    Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.

    Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D

    Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.

    BumbleBee





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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.





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  • feedfront
    11-09 12:20 PM
    Congrats ! How long did it take for CPO email since u recieved the 485 , I-797 and which service center

    Well, my case is with TSC. But, it is not yet approved. That email was sent by mistake. I've responded to RFE in Sept's end. Waiting for .....



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  • sc3
    10-16 02:48 PM
    I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.

    Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.


    Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.

    Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?


    I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.


    Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.





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  • 2114
    02-21 10:25 AM
    Hi,

    I have no news for over 15 months on my FBI security check due to which my 485 approval is delayed.

    There is no way to find what�s happening � earlier there use to be an email for FBI to find status but they stopped responding since past 15 months during which I have written to them 10 times but no reply.

    I have applied for 4th EAD and AP � each time to apply it costs us $600+time+uncertainty and we have to reapply every 9 months to be safe � this process is not just costing money but also impact work, personal decision and progress.

    I have written to my senator no help and also tried to find from USCIS about name-check no luck.

    My green-card process has taken over 4.5 yrs now and it� still a black-hole.

    The minimal help they can provide us is by having a system to check name-check status and expected date of decision.

    Thank you.



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  • nixstor
    07-18 12:58 AM
    Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.





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  • conundrum
    10-31 05:59 PM
    Received letter from USCIS regarding the FOIA.

    NRC2008063282

    The request has been placed in the complex track!



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  • catchupvijay
    06-11 02:01 PM
    Thanks!





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  • rayoflight
    02-19 11:29 AM
    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink

    ‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    ‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--

    ‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;

    ‘(2) has at all times been a person of good moral character;

    ‘(3) has never been convicted of a criminal offense in the United States;

    ‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;

    ‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and

    ‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.

    ‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.

    ‘(c) Admissible as Immigrant-

    ‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).

    ‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.

    ‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.

    ‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.

    ‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.

    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:

    ‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.



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  • peer123
    07-13 09:20 AM
    Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.

    I agree with you,... Lets accept it. Nothing is FREE in this world...

    There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.

    we should be able to combine all forces and go at it....





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  • perm2gc
    01-02 05:58 PM
    Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks
    Please check the first page on the thread.you will see the content to post.

    thks



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  • shantak
    03-17 11:24 AM
    PD: March 2005
    India
    I140 approved
    No FP yet
    I-485 July
    EAD and FP approved





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  • shantanup
    02-04 10:39 AM
    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students’ visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors’ visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners’ earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.



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  • pcs
    01-17 02:07 PM
    I have seen IV grow from scratch & the progress is very impressive. We will get better response but we will not achieve any +ve results by calling people " beggars". I am sure, you said it out of frustation & may want Admin to delete your post, which has good intent but not so good language

    Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..

    I am quite sure, people, who contributed once will sign up once called by us.


    My guess is .... we should be able to get 1000 contributing guys if we call these people.



    Regards





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  • nandakumar
    12-27 06:07 PM
    There are couple of postings in Murthy.com

    Please participate so that others can view and potentially could become members of IV


    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241



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  • rongha_2000
    11-14 05:17 PM
    Does this vote gives us an overview of how the PDs might be spread out all over? From this poll, it looks like there are not many applications from Jan 2005 onwards as compared to prior to Jan 2005.

    Once that back log is cleared, things wont be as bad for the rest? What do you think?





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  • jamesbond007
    02-19 03:06 PM
    Instead of opposing it for fear of application deluge, why not ask for a clause that says applications should be adjudicated within a certain timeframe?

    And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.

    May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.

    There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
    It is really sad to see opposition to this proposal just because it did not include every one.





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  • nandakumar
    07-12 06:14 PM
    Like wise :rolleyes:

    All right I am current again..exactly after 2 years

    So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

    mwuahhhaaaa...c'mon..come to papa now :D:D

    tick..tock..tick..tock :rolleyes:





    anurakt
    01-16 06:50 AM
    If you remember that I had pledged $1000 in last 20$ campaign and you guys could only shell out $500 out of me...which means that I still have a block of $500 which was not spent for IV in the past. Here is my next pledge :

    " I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
    200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"

    Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.





    ilamurughu
    07-11 08:44 PM
    Hi...

    LC filing state : CA
    PD : Oct 2003
    Labour approval : Sep 2006
    I-140 approval : Oct 2006
    I - 485 : Documents sitting with Attorney and advising to wait until Oct'07...



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