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dreamworld09-19 04:11 PMIt is possible to use your new approved 140(EB2). Your date are current and do request USCIS and go in front of GC line. Good luck.

You can request USCIS with reference to this citation/pdf.

http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf

Please make a token contribution to IV.

I have applied my I485 and EAD based on EB3, I have received EAD for me and my wife, in parallel I had also applied for I140 based on my EB2 application. Now my I140 has been approved for EB2 and PD is current for EB2. I was wondering if there is any way that I can get my I485 transferred to EB2 and how can I get it done...
Could someone please suggest...
Thanks in advance



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Refugee_New11-25 01:32 PMKumar1,
I support your view. Let this punjabi guy go into foreclosure and screw up his credit history and suffer for the next 7 to 14 years. Its not just him, his entire family will suffer because of this.

Those who oppose the foreclosure, i think you guys are indirectly helping this punjabi guy. He has good job, good salary and he is capable of paying his monthly mortgage and he and his family are sleeping without any issue right now. If he is not going into foreclosure then how do you think this guy will suffer for the next 7 to 14 years?

Let his choose what he wants.

Punjabi guy, you are a greedy person and you have crook'ed mind. You know you are capable of paying off your monthly mortgage and still you want to foreclose your house? Don't you have ethics, moral values? Don't you think you are trying to cheat the system?

I know foreclosure is not bad and its not against law. But who should seek foreclosure? Is it not for people who are really really in deep trouble?

Even i own a house and i don't live there because of my job situation. I have rented out my house. I live 700 miles away from my own house. My house value has dropped and i owe more than the house value. But i have job and i am capable of making my payments. Do you think i am eligible to go for foreclosure? Not really.

Note: I know a friend who lost his job back in 2001 and couldn't pay his car loan(he could've paid). It was about $5000 and it ultimately screwed up his credit history. He got into a good paying job after a year and he wanted to buy a house back in 2002-2003 period. He was not able to get any loan including credit cards. His friend had to co-sign for him to get into an apartment. He is still repenting his decision of not paying off that loan. Recently he got a car loan at the rate of 12%.



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rajpatelemail11-03 04:05 PMGood Job SUnnySurya, Congrats on this achievement, it helps people with more merits.

Consulting companies with fake skills/resumes will be busted now to get GC..



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psaxena06-08 09:14 PMCall USCIS and they should be able be give you the right direction. Please update us on how it goes.

Hi Guys,

I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.

Thanks in Advance,

Srini

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aquarianf06-15 12:13 PMHi to all who have filed and are going to file

could you please guide us wheather we should send all the paper i.e. EAD + Ap to Nebraska address or EAD to Chicago address ?

my and my wife medical was done in august last year .. will that be valid , i have read somewhere that it is valid till 1 year .. is that true .

Is there any form for Finger printing ..

please reply

Thanks

I would go for medical test again just because of PPD test. According my civil surgeons office, PPD test should be with in 6 month when u file 485 otherwise you may get rfe for fresh ppd. Seems these days CIS is very particular about TB test.



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Ramba08-21 12:55 PMYou are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.

As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.

Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.

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msadiqali09-15 02:43 PMGot Card Production Ordered today..

Priority Date - Nov 2005, EB2

Got an RFE last month, approved after RFE was responded..



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rajpatelemail01-06 04:22 PMVivek Ahuja

These people are aggressive but with out reality based thoughts...
What you guys are thinking....

Do anybody care for this type of issues...

Working towards getting GC and related things make sense..But not this one.

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Hunter05-09 05:40 AMI agree I too have never seen H1B only ad's anywhere even body shoppers never post this kind of ad which is blatant discrimination. .

IGATE Mastech was fined by DOJ not too long ago


http://www.theregister.co.uk/2008/05/02/h1_b_discrimination_doj_fine/

Pittsburgh computer consultancy is paying $45,000 in civil penalties over claims it discriminated against legal US residents by advertising only for developers on H-1B visas.

The case was brought against iGate Mastech for placing an ad for 30 programmers between May and June 2006 "that expressly favored H-1B visa holders to the exclusion of US citizens, lawful permanent citizens and other legal US workers" according to the US Department of Justice.

So-called citizenship status discrimination is prohibited by the US Immigration and Nationality Act. The DoJ said it is "committed to protection the right of all authorized workers in the United States against citizenship status discrimination".



Get your facts right before posting. mastech is not the only firm that did it. As you pointed out, many of these fly-by-night operators (and bigger outsourcing companies) offer below market salaries, pocketing the difference like parasites.



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ChainReaction01-04 01:23 PMU.S. Faces Severe Worker Shortage in Future :)

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kshitijnt07-13 02:25 PMI am not sure about his public position about legal immigration but I think he made it difficult for immigrants (Legal and Illegal) to get driving permits in CA.


I have a CA driver license. Its not tough for legals. He only made it tough on illegals



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yagw08-16 06:13 PMAm a new member here. Thought of posting the follow-up activities I have done till now and the results for the same.

Details:
PD: Oct 2005
Center: NSC
I485 RD: 07/26/2007
I485 ND: 08/24/2007
FP done only once in 2007 (forgot exact date).

Follow-up:
08/03/2010: Opened SR for primary (self)
08/05/2010: Sent email to NSCfollowup. Got reply that this account address is for following up on open SRs.
08/09/2010: Infopass appointment, did not get any useful info other than that case is being processed
08/09/2010: Opened SR for Secondary (spouse)
08/12/2010: Got response for 1st SR. Main gist of reply was that due to pending caseload in Nebraska, the processing time for my case has been extended :(. But the statement that got my attention was "Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability." So called helpline again and was able to get to 2nd Level IO. She said that this statement is a mistake and that Visas are still available. Also confirmed that my case is with IO. However she said that I might be required to do FP again. The FP might be causing the delay.
08/13/2010: Contacted local congressman and asked help for following up.
08/13/2010: Send letter to Ombudsman

Latest status: Still waiting, not sure what other action I can take.

You are doing the right thing. Don't give up. Contact the Senator, if you have any other application pending (like EAD or AP) call them and try to find the status of it. Open an SR for it if needed etc...

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chanduv2309-26 08:26 AMI am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. I am afraid that Senator Durbin will make the calls when Senator Obama becomes the president.

Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us



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logiclife06-18 12:03 PMW2's/tax returns are not part of the initial evidence USCIS requires to process your application but they may ask for it later if required

A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.

So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).

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DannyBoy02-21 06:57 PMGuys, i have been trying to find some information on this but i can't seem to find any thing relevant.

I have been in the US since 2001. I came in on a F1 and then moved to a H1 and then my employer filed for my greencard and i now have an EAD and AP that is employment based. My last entry into the US was based on my AP.

I recently got married and my wife is a US citizen. I was wondering if it makes sense to apply for a family based AOS concurrently since the employment based AOS takes a long time to be processed. If this possible? and if so how do i go about doing this?

My apologies if this topic has already been covered, i tried searching the forums but could not find any similar topics.

Appreciate the help.



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desi393308-24 09:01 AM.........
.........
Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".

.........
.........
$100 one time.

>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.

Thats sum it nicely. Nobody wants to go back.

Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.

And you think, that will fix the system.

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bobby06-21 08:17 AMAnother answer from Rajiv Khanna: on multiple 485s
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.

If CIS rejects the other 485, do they keep the fees or do they refund the fees?



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gc_chahiye06-25 05:10 PMHi,

I and my wife both have approved I-140. My PD is Dec 8, 2003 and my wife has Dec 24, 2003. I am applying as beneficiary through my wife's application. Is it possible to use my PD instead? Both are EB3.

Thanks

wow! you guys are 2 weeks apart man. How does it matter? :)



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DianaSteve05-09 11:20 AMHi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?

Any help in answering my question is appreciated.


Thanks in advance.



brahmam09-24 12:09 AMSuper news for every body. Assuming 0 approvals in September :p

only 4000 EB1 pending; even if all of them are approved, and with 1000 more in 2010, we have 30,000 EB1 rolling over to EB2. ROW EB2 quota ~ 25,000. pending eb2 row = 7150. even if we have 15,000 more approved in 2010, eb2 row consumes 22,000 and the remaining supply = 33,000 which can go to china, india, mexico and philippines.

mexico and philippines, eb2 is minimal .. maybe 700. so all of 32,000 needs to go to India and china. I dont know how the split will be here. if it is equal and china gets 16,000 they move to mid 2007 easily and India moves to Apr 2006.

However, we know the calculations wont be this precise and cut-off will move to 2007 in Aug 2010 which is when all the lucky bums will get approvals left and right.

QED :D



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