Monday, June 13, 2011

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  • stuckinmuck
    06-14 12:06 PM
    Check with your lawyer but I believe there may be a grace period wherein they allow you to add your wife's name after 485 filing. In addition, there is a 4 year backlog in the family based green card process. 01-JUN-02 for FB-2A (India).

    My pd is jan 2005 and i was waiting for the dates to become current.I am not married and will most probably get married by this year end[parents in the process of searching matches].my dilemma is whether to apply for 485 now or not.can i add my wife's name later on while the 485 is in the final stages of the process[say an year after the process began] or just before the green card is being dispatched etc so that both of us can get green cards.i dont want to miss this chance because i seriously feel that the dates might retrogress again.but if i apply and get a green card u all know how many years it will take to get wife to usa in family based immigration.somebody please clear my doubt.Thank you

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  • I_need_GC
    07-07 01:23 PM
    Can you please tell me where it is mentioned like that?.

    How long do you have to work for the employer??

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  • chantu
    06-28 08:18 PM
    Your status will be shown buy copy of I485 receipt. AP requires the following:
    AP renewal e-filing (to be Mailed):
    .... Confirmation Page
    .... Two pictures with A# on back, put in envelope and staple to confirmation page
    .... Copy of I485 Receipt Notice
    .... Copy of previous AP
    .... Photo Id such as
    ........ Copy of Biographic Pages of Passport or
    ........ Copy of DL or
    ........ Copy of EAD
    .... Letter -

    Dhundhun, Thank you very much for your help!

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  • GCBy3000
    02-13 11:49 AM
    By Katherine Ling from

    Medill News Service

    WASHINGTON -- Greeley Mayor Tom Selders wants to know when Congress is going to address immigration reform.

    It's a simple question, but the answer is as elusive as the proverbial dog's tail -- a dizzying chase of vague answers and insufficient information.

    "It seems to me like people are talking about immigration issues all over the country," Selders said. "I think that it is really sad that the government can't put a priority on it."

    The latest source of Selders' frustration was a meeting of business and community leaders in late January with Sen. Wayne Allard, R-Colo.

    "We were disappointed with Allard's response," Selders said.

    Sean Conway, Allard's chief of staff, said Allard never promised to bring up immigration at this particular delegation meeting.

    "What he talked about was that he would be glad, as the process began to move forward and as concerns were brought forth, to pass those concerns on" to the delegation, Conway said.

    Conway said Allard would very much like to see the issue brought up in the Senate, but that as far as he knew, it was not at the top of the Democratic agenda. "This is an issue (Allard) very much wants to be involved with and has been involved with," Conway said.

    But Sen. Ken Salazar, D-Colo., said immigration was a major issue that would be addressed this year, maybe as early as March.

    "I think it is just a matter of time as to when we are able to get to it and I hope it is sooner than later," he said. Salazar is working with the Senate leadership on the immigration legislation, which will be sponsored by Sen. Ted Kennedy, D-Mass., and Majority Leader Sen. Harry Reid, D-Nev.

    But for Selders, soon is not quick enough.

    "We have frustration here. We see a lot issues and turmoil and some very nasty comments," he said. "(City officials) have all taken oaths of allegiance we will enforce the laws of this land and the frustration is that we lack the resources to do that. The laws are unclear and we lack jurisdiction."

    Immigration's National Outlook: Cloudy

    Outside of the Colorado delegation, consensus and clarity on when the immigration will receive top billing by Congress is not much better.

    Congress, under Democratic control, is actually in tune with President Bush on immigration for the first time in years. Despite this, few observers believe that a comprehensive immigration bill will pass this year.

    One of the few is Bob Dane, press secretary for the Federation for American Immigration Reform, who said President Bush and the Democrats were "locked and loaded" to pass immigration reform that included a guest worker program, or "amnesty."

    "I don't see how immigration can be an issue leading up to the 2008 election," he said. "It's such a volatile issue. We are guessing that they want to get it done before the election."

    But John Keeley, director of communications for the Center for Immigration Studies, a think-tank that researches immigration, was not certain. He said many of the freshman democrats, known as "Blue Dogs," who gave the Democrats the majority, were elected on immigration platforms that were against a guest worker program, favored by Bush and the Democratic leadership of Congress.

    "On the horizon of the 2008 general election we tend to think that it is not likely we will see significant legislation," as opposed to last year, he said.

    Keeley said instead of landmark legislation, lawmakers will try to pass bills or amendments that only address small pieces of the issue.

    That process has already begun. A bill was introduced in the Senate that would set up a guest worker program just for agriculture workers. In addition, a provision has been attached to minimum wage legislation that would withhold federal contracts from any company found hiring illegal immigrants.

    But the Democratic leadership is hoping to have a comprehensive immigration bill on President Bush's desk by the end of the year.

    Laura Capps, a spokeswoman for Sen. Ted Kennedy, D-Mass., said the senator, who is the Senate subcommittee chair on immigration, border security and citizenship, was hoping to have the Senate bill introduced in late February or early March. Capps did not know of an exact date yet.

    The real fight is expected in the House, not the Senate, which passed bipartisan legislation last session. The Republican House leadership was uninterested in the guest worker program, however, and only discussed the border enforcement aspect --the so-called 700-mile border fence.

    Rep. Zoe Lofgren, D-Calif., the chairwoman of the House subcommittee on immigration, border security and claims, plans to begin the committee process "promptly." But her spokeswoman, Kyra Jennings, said no date has been set to begin consideration of an actual bill.


    570 bills concerning immigrants were introduced in state legislatures.

    90 bills and resolutions passed the state legislatures

    84 of those were signed into law, more than double the amount of 2005

    32 states enacted laws, including Colorado

    Most states focused on education, employment, identification and driver's licenses, law enforcement, legal services, public benefits, trafficking and voting procedures.

    Data provided by the National Conference of State Legislatures

    pls post contact of the reporter or newspaper with your news link


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  • div_bell_2003
    11-03 05:09 PM
    My company lawyer did the filing for me and I just followed the same instructions to file for AP renewal for my wife. I did paper filing (trying to save a trip to the USCIS office for photo/fingerprints).

    Supporting docs I sent other than I-131

    1. $305 check for US Dept of Homeland Security ( write the A# on the "for" part just for safety)

    2. 2 photographs ( name and A#s at the back , again for safety, in case the great people in USCIS manage to loose the photo from the application )

    3. Valid photo identity ( Passport photo page )

    4. I-94 for both me and wife ( I have a valid I-94 from my new H1B extension, wife's has expired, still sent it)

    5. I-485 receipt

    6. Cover letter ( just stating these docs are attached, and my I-485 pending, please be kind and give me AP ;) yada yada yada ... )

    Hope that helps. My lawyer only wanted my passport photo page and I-94. I know people applying for any kind of immigration document tend to send more supporting documents with the belief "more is good", but I believe ( and my law firm supports) USCIS have all the documents in our files, so it's better to send only what is required and not to confuse the USCIS staff with redundant bunch of documents. Just my thoughts, please, no preaching !

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  • arunmohan
    06-23 05:34 PM
    I called to Rep Smith's office. I requested to support three bills HR5882, HR6039 and HR5921.


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  • Madhuri
    05-17 04:54 PM

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  • BharatPremi
    09-20 12:34 PM
    Hello guys!

    I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?

    I think we need another rally before the end of the year. There are 2 reasons:

    1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.

    2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.

    Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.

    So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.

    I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.

    - What we could REALLY achieve
    - How loud we could be heard
    - Any potential and positive impact in near future?
    - Based on all of above making near future strategy

    Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.


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  • pdFeb09
    06-15 09:01 AM

    I am in EB2 ADP with PD Feb'09. No cheating there ! :)

    I understand that if a lot of EB3 guys, who have been waiting for years, start porting to EB2, they will end up in the queue before me :(. And with that knowledge, I will still support EB3-EB2 porting.

    EB3 guys, porting is your best option. I hear a lot of EB2 asking you to go get a new job where they are willing to
    a. Hire you with your H1B status,
    b. Agree to file your GC, and
    c. Agree to do it in EB2 category. (Think about the min wage they have to give and prove etc.)

    It is way easier said than done in the current economy. But if you find one, go for it. That is a way of respite for you folks. For others, try porting to EB2 with your current company.

    There have been cases where EB3 was filed when the candidate was eligible for EB2 and there have been cases other way round too. But talking about none of them helps your cause. Similarly, fighting amongst us doesn't help either. Don't get me wrong if I say that with EB2 movement, if EB2 becomes current by the end of next year, EB3 will start seeing a good benefit of spill overs. So with current laws, getting EB2 out of the way will actually help your cause

    Eliminating per country limit will help everyone. We should fight for that, EB3 and EB2 together.

    Seriously try for porting. I have been waiting just a year, and already know how many decisions get put on hold because of this process.

    My heart goes out to you !

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  • psam
    06-10 03:29 PM
    obviously... math is the same whether its done by DOS or our experts...:)

    I wont put my money on table backing this :p


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  • rb_248
    02-08 03:56 PM
    I am in a lot of stress. Please help out if possible.

    Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

    If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

    Gurus please help. I will be grateful.


    Dont worry. You are not the first person to face this situation. You will come out of this without any major setbacks.

    Find another job.
    Transfer H1-b (dont have to apply for a new one)
    Request your current employer not to revoke your I-140.
    With the new company apply for LC and then I-140.
    Thats all you have to do.

    IV folks are with you. What kind of job are you looking for? May be someone at IV could help you.

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  • risker
    07-20 04:36 PM
    Your concern is 100% justified, but BEC has vowed to clear all backlog by Sep '07.

    When the dates move forward in Oct '07, you will have advantage with your PD.

    Please read some thoughts at:

    My best advice would be "be prepared" and good luck :)

    Thanks for your feedback. But processing a '05 labor cert before a '03 labor cert is injustice at the most ugliest form. No where, I mean no where in the world are people going to accept someone who came later in the queue to be allowed to have service before people who have been waiting for years together in the queue. Why would anyone do that and how is that justified? It is a mental worry and stress for the affected folks right now because we are still waiting with uncertainty. Why should we? Why????

    So whatever happens in the future isn't the concern. There are no guarantees offered as you know with these processes. If it happens it happens and we will take it at that time.

    The point is to bring to the attention of the proper authorities this injustice in the system and to make sure that we are guaranteed some form of relief/concessions. As you know the filing fees are going to increase and again there are no other guarantees.


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  • Jaime
    09-15 11:29 AM
    Come on DC, Tri-State, Virginia, all surrounding areas! Have a nice lunch with your family today and decide together to come to the rally on Tuesday! If you live within 4-5 hour drive or train ride from DC then you shouldn't even be hesitating! The answer is YES!!! YES I WILL GO!!!

    We your friends at IV are so proud of you that you care for our common cause and that is why you visit the IV web site. We are also so proud that you ae considering coming. Please make the decision now and come!!! We cannot miss this opportunity, and we CANNOT do it without you!!!!

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  • SkilledWorker4GC
    07-17 08:50 PM
    No Red Dogs are allowed only Brown Dogs.

    Yes, what I posted was meant to be hard,
    ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
    Did any one try to justify the reason why EB2 was UNAVAILABLE? No.

    Did anyone here feel unhappy that EB2 moved so nicely? No.

    Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.

    Instead we see posts about why EB3 is not moving and explanation of reasons behind it.

    Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.


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  • Appu
    03-17 10:09 PM
    Appu, what abt labor cert? Does this advanced degree-holder still have to go thru labor cert? If yes, then the person with advanced degree but no experience has no advantage.

    Yeah, that's the tricky part. I think all professions that require advanced
    degrees in STEM have been classified (by Section 406) as Schedule A.

    Which means you file ETA form 9089 directly to USCIS NOT to the DOL.

    That's the "special labor certification" that the Specter mark-up refers to.

    The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.

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  • subrarama
    03-06 07:49 AM
    I have gone through this forum, and do not see a list of the documentation requirements for a H1b transfer.

    Please assist me.



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  • Totoro
    05-06 05:55 PM
    Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.

    The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.

    One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.

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  • zephyrr
    07-23 09:35 PM
    Ok, taking the emotion out of proposal, i agree fully with this post.

    My application with PD 2003 was stuck in BECs for more than 2 yrs. There were cases being approved in a random fashion - unfortunately, we were not organized to put enough presssure to sort out the mess and ask the BECs to follow some sane procedure.

    Now that we are at the 485 stage, I think it makes a lot of sense to first try and urge USCIS to follow a simple PD+RD procedure. If the PD of a case is earlier, than adjudicate it first. Plain and simple.

    I'm also happy for the greater good and the fact that people who got their labors cleared as late as 2007 are able to file for 485. The 485 filing problem, namely, being able to when PD is not current is on IVs agenda anyway and a top priority. But for people to just jump the line is more of a selfish act than 'risker' starting this thread.

    Btw, I don't see anything wrong with this thread, it is not a selfish agenda. We should work together to lobby and put pressure on USCIS to make this simple procedural change of using PD and not Receipt Date. It is fair and makes absolute sense.

    I agree with what you say. Yes, backlogged victims need some justice at this moment, otherwise there it is morally not good for everyone.

    1. Why don't we petition first before thinking of Lawsuit. We from IV should write a letter to USCIS stating the injustice brought to the backlogged victims and how it is mentally affecting them etc. We should ask USCIS to consider these things and come up with a solution for backlogged victims instead of threatening DOS and others with Lawsuit. Since we are at their mercy, there is nothing wrong in keeping them higher up and at the same time getting what we want.

    2. If the petition did not work out, then we can think about some suit. Still I don't agree with any suit as it is not going to bring justice. By the time the suit clears, you will have your GC in hand.

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  • zilmax007
    08-03 11:54 PM
    East or West, Gotcher law is THE BEST!!

    04-10 03:53 PM
    The frog has lived generation by generation in that small pond. But it did not drink the pond. The pond has not dried up, nor has it become unbearable for the frog to migrate or look for fresh water sources elsewhere. U r like one of those frogs who thinx the pond is the entire world :D. What an idiot!!!

    Are you telling your story to every one on this forum that you are a Frog and Idiot?

    Which law firm are you representing?

    02-19 09:15 AM
    Got 3 letters yesterday.
    We are trying to get as many as we can.

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