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  • feedfront
    08-26 03:29 PM
    Not sure if I got your question... .

    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.





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  • desi3933
    07-09 11:01 AM
    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.





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  • apt29
    01-30 05:02 PM
    Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it..

    Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.

    QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.

    You have given a nice and neat reply.[/QUOTE]

    Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).





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  • learning01
    06-05 03:35 PM
    Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?

    Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.

    WAC071795xxxx - June 1
    WAC071805xxxx - June 2
    WAC071815xxxx - June 4
    ......


    LIN071735xxxx - June 1
    LIN071745xxxx - June 4
    ......



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  • HariRamNai
    07-09 10:09 AM
    Sent email with write-up to Bob & Tom (my fav.)

    Hi Bob, Hi Tom,

    I am a regular listener and a big fan of you guys. I'm from the land of 'Babu' and you guys have made my morning great for all these 8-9 years. I hope you could read this below and help us guys by giving some coverage to this issue.

    Thanks.





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  • go_guy123
    12-18 06:54 PM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?

    I also came in 1999. I have lost hope and moved to Canada. Soon it will
    10 years since the last EB reform was passed in 2000



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  • buddyinsd
    09-01 01:56 PM
    Congrats...Was there an LUD on 21st Aug on ur EAD and 485?





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  • diptam
    06-22 11:28 PM
    Using spouse's name is a great idea ...

    If i say i'm joining Masters Program then also they wont give the Letter
    - they dont want to lose the FAT billing rate out of me.


    I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.



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  • pitha
    07-08 11:08 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.





    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.





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  • vaishnavilakshmi
    07-05 01:34 AM
    Hi,

    Ours is Substituted labor(eb3) and Priority date is Feb2002.

    Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.

    vaishu



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  • canant
    09-02 03:01 PM
    :p
    Got a CRIS Notification for EAD Card PRODUCTION dated Sept 2nd for my wife.

    EAD receipt Dat: July 23rd
    Card Production date: Sept 2nd
    They say it will take 30days to get in the mail..
    No idea whether it really takes 30 days or less so I can verify actual validity of the EAD card !

    I don't know what worked..mailed TSC a letter to expediate.. Also emailed Local Senator and Congressman to expediate my spouse's EAD renewal.

    Thanks to the IV Forum !! LONG LIVE !!!





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  • Jimi_Hendrix
    12-14 06:13 PM
    You are right CIR does contain provisions that allow workers to self petition.
    And yes, SKIL does not allow us to self petition, it is a travesty.



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  • dkann
    08-25 05:01 PM
    I applied for EAD and AP renewal on June 30. I received AP approval on July 18th and got EAD approved on August 15th.

    dkann





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  • bluesky1
    10-04 11:23 AM
    This is really good news! I hope we all get cashed and receipted soon!

    Hi,
    I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.



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  • abhijitp
    11-21 02:21 PM
    Sorry to hear about your situation. I will sincerely pray for you to get well soon!

    Actually I have often thought about this situation, and I thought the answer is the family will have to return to their home country.

    However, please do consult an attorney ASAP. Sertasheep, maybe you could connect him to Ms Henner!

    Wishing you all the best!
    Abhijit





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  • vaishnavilakshmi
    07-06 10:05 PM
    Hi all,

    Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.

    EB3,priority date

    vaishu



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  • factoryman
    06-08 06:51 PM
    probably Texas, that is where my I-140 was approved.


    Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.

    Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.

    Don't want to lose another dime on cancellations and re-bookings.

    Advice and share your thoughts.





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  • TheOmbudsman
    10-25 04:32 PM
    I never believed the polls either. Go ahead and research how many pro CIR candidates have experienced decrease in popularity so far, how many cities have initiated ordinances against illegal immigration, how many $ was invested in lobbying senators without much success, how many anti CIR/amnesty calls outnumbered the pro CIR calls. If you do that, you may be shocked.


    Guys,
    I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below

    Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?

    Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?

    Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.





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  • luckylavs
    10-04 11:22 AM
    strange.. my appliaction was sent aug 6th and no news so far ... i am worried as i have travel plans to india..

    anybody in the same boat ...





    eb3_nepa
    06-20 10:35 AM
    A question about CIR. Currently isin't it more beneficial for anti-immigrants to just ensure that absolutely NOTHING is done to CIR? That way the Senate version of CIR never sees the light of day, but since it doesnt die either, no other legislation can come into place.

    I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?





    seahawks
    10-08 03:24 PM
    I think "speaking change" versus working together to bring about change is where we all need to think. All of us have our own priorities and including me sometimes miss the point and sit in the sidelines. Make no assumptions, if we can't come together or put in hours of work specifically to support IV, everything will just remain a dream. We need to start taking initiatives and working towards a common goal to fix the broken system. We may disagree on things here and there and IV cannot support or take every position dear to us as an organization. We need to think as a community for the community and not purely my case or your case:)



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