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  • godbless
    07-20 06:03 PM
    Do we need to send the original i 140 or just copy of I 140 is fine ? I mean do we need to send original I 140 to USCIS at any point in the 485 filling?





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  • whatamidoinghere
    03-09 12:41 AM
    It says India took a total of 41254 visas, but if you total the columns including family pref it comes to 32030. What am I missing?? Anyway how does it matter...





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  • stuckinmuck
    05-25 01:44 AM
    The latest version of the CIR bill majorly messes up legal immigrants' lives.
    My advice would be to get ready to pack your bags and go back home.
    The H1B provisions will make it impossible for you to stay here for long.

    I presume you are affected by GC retrogression.





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  • karan2004m
    07-29 01:38 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.



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  • rockstart
    10-29 09:32 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.





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  • vinnysuru
    03-30 12:26 AM
    You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.

    If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.



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  • Jaime
    09-14 05:25 PM
    To attend the rally:

    1- I canceled a business meeting - employer didn't like it
    2- I moved business travel around the rally, my boss also had to reschedule
    3- I am flying in from Texas

    Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!

    WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!





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  • dreamgc_real
    09-14 08:21 AM
    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?

    Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!



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  • BMS1
    09-19 01:09 AM
    Thankfully there is a concept called pre-adjudication which makes any retrogression wait run parallel to all the other delays combined like RFE,security/name check etc. So the total wait time is just one of the all the above waits that happens to be the longest. They just do not add up.





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  • Mahatma
    08-02 08:36 AM
    I am in tennessee and would like to participate constructively. However, I will not hesitate to make my disagreements known.



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  • mayitbesoon
    07-15 12:01 PM
    Thank you. We have just applied for 9th year H1 extension. so, requesting I-140 PP based on the current rules is not possible. I-140 is pending at TSC from Nov 2007.

    Can anyone tell me if it is helpful to take info pass appointment and enquire about I-485 if I-140 is still pending. priority date is EB2 Dec 2003.





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  • GMKrishna
    05-04 09:12 PM
    I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

    Synopsis

    After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
    At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.

    Prologue

    During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

    Life after denials

    I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

    IV�s Advocacy Days in D.C.

    I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
    Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

    Final Request to Readers:

    As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.



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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?





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  • piyush77
    03-24 07:54 PM
    I am having similar problem, I have my I-140 approved in 2007 485 filed in july 2007. I got laid off, now I want to change job with project manager title. is it safe to do that but my core technical knowledge will be same as before in the job description.



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  • iptel
    01-30 02:48 PM
    Just a suggestion I think if we involve US India Polical Action Committee(USINPAC) may be our effort to reach the law maker will be easier.

    Members of the U.S. Senate India Caucus are as follows -

    Senator Cornyn (R - TX) � Republican Co-Chair
    Senator Clinton (D - NY) � Democratic Co-Chair
    Senator Hutchison (R - TX)
    Senator Lott (R - MS)
    Senator Lautenberg (D - NJ)
    Senator Santorum (R - PA)
    Senator Lieberman (D - CT)
    Senator Specter (R - PA)
    Senator Daschle (D - SD)
    Senator Stabenow (D - MI)
    Senator Bingaman (D - NM)
    Senator Cochran (R - MS)
    Senator Frist (R - TN)
    Senator Corzine (D - NJ)
    Senator L. Graham (R - SC)
    Senator Schumer (D - NY)
    Senator Wyden (D - OR)
    Senator Coleman (R - MN)
    Senator Chambliss (R - GA)
    Senator Bayh (D - IN)
    Senator Durbin (D - IL)
    Senator Breaux (D - LA)
    Senator Crapo (R - ID)
    Senator Levin (D - MI)
    Senator Fitzgerald (R - IL)
    Senator Grassley (R - IA)
    Senator Bennett (R - UT)
    Senator Boxer (D - CA)
    Senator Nickles (R - OK)
    Senator Stevens (R - AK)
    Senator Mikulski (D - MD)
    Senator Rockefeller (D - WV)
    Senator Landrieu (D - LA)
    Senator Hatch (R - UT)
    Senator Maria Cantwell (D-WA)

    Members of Congressional India Caucus

    108th Congress elected in November 2002
    List updated as of June 18, 2004

    112 Democrats, 74 Republicans, Total 186

    Congressman Crowley (D-NY) - Democratic Co-Chair
    Congressman Wilson, Joe (R-SC) - Republican Co-Chairman
    Congressman Abercrombie (D- HI)
    Congressman Ackerman (D-NY)
    Congressman Andrews (D-NJ)
    Congressman Baca (D- CA )
    Congressman Baird (D- WA)
    Congressman Barrett, J. Gresham (R-SC )
    Congressman Beauprez (R-CO)
    Congressman Becerra (D-CA)
    Congressman Bell (D-TX)
    Congresswoman Berkley (D-NV)
    Congressman Berman (D-CA)
    Congresswoman Biggert (R-IL)
    Congressman Bilirakis (R-FL)
    Congressman Bishop, Rob (R-UT)
    Congressman Blumenauer ( D-OR)
    Congressman Boucher (D-VA)
    Congressman Brady, Kevin (R-TX)
    Congresswoman Brown, Corrine (D-FL)
    Congresswoman Brown, Henry (R-SC)
    Congressman Brown, Sherrod (D-OH)
    Congresswoman Brown-Waite, Ginny (R-FL)
    Congressman Burgess (R-TX)
    Congressman Burns (R-GA)
    Congressman Calvert (R-CA)
    Congressman Cannon (R-UT)
    Congressman Cantor (R-VA)
    Congresswoman Capps (D-CA)
    Congressman Capuano (D-MA)
    Congressman Cardoza (D-CA)
    Congressman Carson, Brad (D-OK)
    Congressman Chabot (R-OH)
    Congressman Chandler (D- KY )
    Congressman Cooper (D-TN)
    Congressman Cox (R-CA)
    Congresswoman Cubin (R-WY)
    Congressman Davis, Danny (D-IL)
    Congressman Davis, Jim (D-FL)
    Congressman DeFazio (D-OR)
    Congressman Delahunt (D-MA)
    Congressman Deutsch (D-FL)
    Congressman DeMint (R-SC)
    Congressman Dicks (D-WA)
    Congressman Doggett (D-TX)
    Congressman Doyle (D-PA)
    Congressman Duncan (D-TN)
    Congresswoman Dunn (R-WA)
    Congressman Ehlers (R- MI)
    Congressman Engel (D-NY)
    Congressman English (R- PA )
    Congresswoman Eshoo (D-CA)
    Congressman Evans (D-IL)
    Congressman Faleomavaega (D-AS)
    Congressman Feeney (R-FL)
    Congressman Ferguson (R-NJ)
    Congressman Filner (D-CA)
    Congressman Foley (R-FL)
    Congressman Forbes (R-VA)
    Congressman Ford (D-TN)
    Congressman Frank (D-MA)
    Congressman Franks (R-AZ)
    Congressman Frost (D-TX)
    Congressman Garrett (R-NJ)
    Congressman Gephardt (D-MO)
    Congressman Gillmor (R-OH)
    Congressman Gingrey (R-GA)
    Congressman Goodlatte (R-VA)
    Congressman Gordon (D-TN)
    Congresswoman Granger (R-TX)
    Congressman Green, Gene (D-TX)
    Congressman Green, Mark (R-WI)
    Congressman Greenwood (R-PA)
    Congressman Gutierrez (D-IL)
    Congressman Harris (R-FL)
    Congressman Hastings (D-FL)
    Congressman Hayworth (R-AZ)
    Congressman Hensarling (R-TX)
    Congressman Hoeffel (D-PA)
    Congressman Holt (D-NJ)
    Congresswoman Hooley (D-OR)
    Congressman Honda (D-CA)
    Congressman Hoyer (D-MD)
    Congressman Inslee (D-WA)
    Congressman Israel (D-NY)
    Congresswoman Jackson-Lee (D-TX)
    Congresswoman Johnson, Eddie Bernice (D-TX)
    Congressman Jones (R-NC)
    Congressman Kanjorski (D-PA)
    Congresswoman Kaptur (D-OH)
    Congresswoman Kelly (R-NY)
    Congressman Kennedy, Patrick (D-RI)
    Congressman Kildee (D-MI)
    Congressman Kind (D-WI)
    Congressman King, Peter (R-NY)
    Congressman Kirk (R-IL)
    Congressman Knollenberg (R-MI)
    Congressman Kolbe (R-AZ)
    Congressman Kucinich (D-OH)
    Congressman LaHood (R-IL)
    Congressman Lampson (D-TX)
    Congressman Lantos (D-CA)
    Congressman Larsen (D-WA)
    Congressman LaTourette (R-OH)
    Congresswoman Lee, Barbara (D-CA)
    Congressman Levin (D-MI)
    Congressman Lewis, Jerry (R-CA)
    Congressman Lewis, John (D-GA)
    Congressman Linder (R-GA)
    Congressman Lobiondo (R-NJ)
    Congressman Lofgren (D-CA)
    Congresswoman Lowey (D-NY)
    Congresswoman McCarthy, Carolyn (D-NY)
    Congresswoman McCarthy, Karen (D-MO)
    Congressman McCotter (R-MI)
    Congressman McDermott (D-WA)
    Congressman McIntyre (D-NC)
    Congressman McNulty (D-NY)
    Congressman Majette (D-GA)
    Congresswoman Maloney (D-NY)
    Congressman Manzullo (R-IL)
    Congressman Matheson (D-UT)
    Congressman Meehan (D-MA)
    Congressman Meek (D-FL)
    Congressman Meeks (D-NY)
    Congressman Robert Menendez (D-NJ)
    Congresswoman Millender-McDonald (D-CA)
    Congressman Miller, Brad (D-NC)
    Congressman Miller, Gary (R-CA)
    Congresswoman Miller, Jeff (R-FL)
    Congressman Mollohan (D-WV)
    Congressman Moran, Jim (D-VA)
    Congresswoman Myrick (R-NC)
    Congresswoman Napolitano (D-CA)
    Congressman Neal (D-MA)
    Congressman Ney (R-OH)
    Congressman Pallone (D-NJ)
    Congressman Payne (D-NJ)
    Congressman Pearce (R-NM)
    Congressman Pickering (R-MS)
    Congressman Pitts (R-PA)
    Congressman Price (D-NC)
    Congresswoman Pryce (R-OH)
    Congressman Putnam (R-FL)
    Congressman Radanovich (R-CA)
    Congressman Rahall (D-WV)
    Congressman Rangel (D-NY)
    Congresswoman Ros-Lehtinen, Ileana (R-FL)
    Congressman Rothman (D-NJ)
    Congressman Royce (R-CA)
    Congressman Ryan, Tim (D-OH)
    Congresswoman Sanchez, Linda (D-CA)
    Congresswoman Sanchez, Loretta (D-CA)
    Congressman Saxton (R-NJ)
    Congresswoman Schakowsky (D-IL)
    Congressman Schiff (D-CA)
    Congressman Scott, Robert (D-VA)
    Congressman Schrock (R-VA)
    Congressmen Sessions (R-TX)
    Congressman Sherman (D-CA)
    Congressman Smith, Adam (D-WA)
    Congresswoman Solis (D-CA)
    Congressman Souder (R-IN)
    Congressman Spratt (D-SC)
    Congressman Stark (D-CA)
    Congressman Stearns (R-FL)
    Congressman Thompson, Mike (D-CA)
    Congressman Tierney (D-MA)
    Congressman Toomey (R-PA)
    Congressman Towns (D-NY)
    Congressman Turner, Michael (R-OH)
    Congressman Udall, Mark (D-CO)
    Congressman Udall, Tom (D-NM)
    Congressman Upton (R-MI)
    Congressman Van Hollen (D-MD)
    Congressman Visclosky (D-IN)
    Congressman Vitter (R-LA)
    Congressman Walsh (R-NY)
    Congresswoman Watson (D-CA)
    Congressman Watt (D-NC)
    Congressman Weiner (D-NY)
    Congressman Weldon, Dave (R-FL)
    Congressman Wexler (D-FL)
    Congressman Whitfield (R-KY)
    Congressman Wu (D-OR)





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  • addsf345
    10-22 01:10 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    @KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?



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  • sr225
    05-15 11:18 AM
    Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all

    My qualifications are

    Bachelors in engineering - 4 years
    Masters in computer science - 2 years in US

    Experience of 6 years in software dev

    My job requires BS+5 years only , Masters in not a requirement.

    Can I file in EB2 ...could you please elaborate your experience in eb2 .





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  • sk.aggarwal
    03-25 01:52 PM
    I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?

    As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that





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  • thakgaya
    03-30 05:53 AM
    The approved 140 were from different companies. I got the update in 2 days after my attorney responded to the RFE.





    gcretroiv
    07-09 08:54 PM
    Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.





    va_labor2002
    09-25 12:36 PM
    Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !

    I think it is better to contact him.

    Guys...Any comments ?



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