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  • raj2007
    06-16 12:50 AM
    To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.

    Adding to the replies to other post

    (i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
    Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
    (ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
    Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
    (iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
    Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.

    Hope I answered your doubts.

    It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.





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  • mirage
    08-12 07:03 PM
    more than 200 people have taken this poll, if only half of us send these letters, it could make a difference..



    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary Subcommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072





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  • english_august
    07-11 10:03 PM
    --
    Will the Nor Cal P.R. person please stand-up!

    We are coordinating the media effort with the core team and focussing on the tactical stuff right now.

    Does that mean that you are preparing the press release as well? Please send some information our way so that we can start blogging.





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  • pswar
    10-24 04:30 PM
    I just looked at my old cases(H1Bs-I-129) and i see LUDs on them too!!! This is so weird.

    These are from my last company!
    LUD on 05/06/2006 - Approved on October 11, 2003
    LUD on 10/21/2007 - Approved on March 19, 2002

    I see LUDs but no difference in the status. They both say approval notice sent.



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  • caliguy
    09-17 01:24 PM
    kubmilegaGC - Heartiest congratulations! Go out and enjoy the freedom!!! You deserve it.

    I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...

    I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.

    THANK YOU GOD - THANKS FOR LISTENING.

    I will be around - not going anywhere and will support IV efforts!

    BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.

    Here is my journey - encapsulated:

    PD- June 04
    I485 files on July 2nd 2007 - NSC
    RD 8/4/2207
    SR #1: 9/4/2209
    SR #2" 9/11/2209
    Senator contact: 9/10/2009 and 9/11/2009
    Infopass: 9/15/2009
    CPO emails: 9/17/2009

    Hang in there - open SRs and contact your senators!!!





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  • wait4ever
    10-30 07:38 AM
    What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option.



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  • GCwaitforever
    07-20 10:02 AM
    Can anyone share some information on this?

    I am planning to pose question to the immigration lawyer in the conference. Please do join the talk.





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  • trueguy
    08-12 11:17 AM
    Bump



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  • InTheMoment
    11-05 10:32 AM
    Very happy for you Bradman !! Enjoy :p

    ...but remember it can be pure coincidence that your letter to 1600 Pennslyvania made any difference. Moreso when the namecheck and the approval..all happened within 2 weeks of the letter !

    Anyways no harm trying any and all legal ways !

    The President George W Bush,

    The White House

    1600 Pennsylvania Avenue NW

    Washington, DC 20500

    Mention in the subject line: FBI Name Check pending.

    Also send it by a regular post as I have seen and it worked for me, whether it was the FL, State Senator or the Local Congressman !

    Also make it a point to write at the top of the envelop (Immigration Assistance). Let the letter be very personalized and write your traumatic experience.

    All the best !!!





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  • invincibleasian
    01-29 05:18 PM
    Do you have a link to this news/alert?

    http://www.immigration-law.com/



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  • msp1976
    02-07 01:12 PM
    Thank you for your elaboration.

    How do you know that all the unused visas go to EB3 before go to EB2?

    That is the way the USCIS is interpreting the laws and actually doing it that way...There are two different caps applied to you....The EB2 cap of wharever numbers available and the country cap of 7% for all of china EB+FB combined together.......It is true that there are more EB2 numbers available...But as the country quota for CHINA/India is over they are flowing to EB3 ROW instead of flowing horizontally to EB2 china....There is a big discussion about how this flow occurs and if it is fair or not...The title of that thread is 'Unused visas' Reading that would be helpful to you...


    Even if the immigration reform happens, will it take effect next year or sometime later?
    Frankly donot know....Last year when they passed 2611 they had put conditions in it to delay the implementation..They can put delay again...That is possible....
    How come my PD can become current immediately once the immigration reform happens?
    The total number of visa available would increase with the immigration reform...There would be enough unused so that you would get some...


    thanks1





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  • HRPRO
    03-29 04:24 PM
    @vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

    @bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

    Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

    If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done



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  • virtual55
    04-07 11:21 AM
    Contributed my 150 bucks right now towards 150K

    PAYPAL Receipt ID for your records: 5115-4160-0151-6144





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  • delhiguy
    07-17 02:40 PM
    I am totally with you , I am not looking for EAD/AP I just need my GC.So that i can plan my life.
    We need more efforts to request the government to look into our problems.
    I pay lot of taxes, social security and still its easier for others to get a GC and not me...

    I also belive we should not use Gandhigiri , to request something , which was against the priniciples of Gandhi... but sab chalta hai..

    I don't know why but we tend to be satisfied with lsmall benefits...
    I agree with you "something (EAD and AP) is better than nothing"
    But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
    I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..

    What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.

    I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.

    After you apply for AP its only 1 year H1 increments.

    What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.

    We had a small revolt (peaceful way) and its successful.We dont want to stop there.

    LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING

    I hope you guys are with me..looking for your comments



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  • dummgelauft
    10-29 10:35 AM
    People, since everybody here seems to be under the impression the the Secretary of DHS is just there to read their tales of anguish about their green card process, MAY I please advise that her name be spelt properly. the spellings of her last name are N_A_P_O_L_I_T_A_N_O





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  • virtual55
    04-07 11:21 AM
    Contributed my 150 bucks right now towards 150K

    PAYPAL Receipt ID for your records: 5115-4160-0151-6144



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  • santb1975
    07-02 01:51 PM
    ^^^

    I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.





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  • gc_chahiye
    07-26 12:30 AM
    Advantages of EAD far outweigh the disadvantages. Unmarried individuals of PD 02,03,04(eb3) might have a reason to worry but not the rest.

    there is one other catch in EAD (not just for unmarrieds): if your I-485 is denied you go immediately out-of-status and need to leave the US. If you have maintained H1, you can stay until that runs out (no further extensions though). So there is a safety net that H1 provides because of which many (esp. primary applicants) maintain their H1 even as they use AC21 etc. Also recommended by Murthy, Fragomen etc.





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  • ItIsNotFunny
    03-11 01:42 PM
    Sanju,

    I'm one of the past victims of your abusive language. ( remember " You are truly a Pakistani terrorist")

    Honestly, i was very surprised to see that from you. Your past posts are an example of the kind of insight you bring in.

    Hope you can speed dial that other side!

    -GCisaDawg

    Guys!

    Sincere request to everyone. Please stop this discussion right away. Please for your own and your family sake, concentrate on FOIA. If you have extra energy, please help NeedHelp! to prepare what data and in what format we need. But don't spit negative energy here.

    After a long time I am seeing some positive movements on IV, please don't kill it.





    americandesi
    07-30 01:13 PM
    frustrated2007,
    Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.

    Please read page 2 of Yates memo (Refer link). The Initial evidence "Annual report", "Tax return", and "Audited financial statement" map to "Employment of the beneficiary", "Net income" and "Net current assets" respectively.

    http://www.visaportal.com/downloads/...20to%20pay.pdf





    absaarkhan
    10-09 02:15 PM
    Hi Mirchiseth,
    Thanks for sharing the Info on your Case.
    This is Indeed a very good news.
    So far we have 2 Successful Cases wherein H1B Transfer was done
    Successfully after Candidate Entered US on Advance Parole.





    Hi All

    I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.

    I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.

    We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.

    So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.



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