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  • perm2gc
    12-28 05:35 PM
    Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.





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  • alterego
    02-20 04:39 PM
    Thanks for sharing your insight.





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  • pranavgandhi
    07-18 02:05 PM
    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853

    Overall EB3 has got more numbers than EB2 in last 7 years for all and india specific grouping.
    All this numbers are I485 approved.
    Do you have any idea on numbers which can show how many application(PERM,I140) by Priority date (year) so we can predict how many EB2-I or EB3-I are waiting for given year.





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  • reddymjm
    10-15 07:42 PM
    Mine is already in the mail.



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  • nixstor
    10-15 07:25 PM
    Nixtor - In the poll question you talk about providing your receipt number but I don't see any mentions about that in the document. Do you expect us to include our receipt # with this request. Please clarify.


    Yes, National Records Center will provide you with a receipt number for tracking purposes.





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  • webm
    04-24 01:48 PM
    I also got my "Card production ordered" status few days back.

    however I also received a mail for biometrics appointment of 05/02?

    the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.

    why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?

    should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02

    ---------------------------------------------
    PD - JULY 2003 EB2 RIR
    Concurrent I-140/I-485: No (I-140 Approved Earlier)
    Mailed From State: MA
    Mailed to (state NSC/TSC): NSC
    Received at (state NSC/TSC): NSC
    Transferred to TSC (state Yes/No): Yes
    485 Receipt Date : June 14th 2007
    485 Notice Date : July 2nd 2007
    MY FP Completed : 08/02
    485 LUD - 08/02, 08/02

    I would say you better get biometrics done....on a safer side..:)



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  • JazzByTheBay
    01-16 10:42 PM
    Well, the funny thing (or perhaps not so funny thing) is that there's plenty of talent out there stuck up in some immigration-related issue or other, many a times for no fault of theirs.

    Particularly the folks who came in around 1999/2000 and weathered the downturn.

    OK, so you thought positive, and set your roots, bought a house investing all your savings or at least a good chunk earned during the most productive periods of your life, and poof - it's gone, thanks to the real estate mess.

    Yes, you can't live your whole life being over-cautious, but knowing you're not permanent in this country until you have permanent residence (GC), and trying to set your roots by buying a house is being overly optimistic, imho.

    (Of course, those who lucked out in the real-estate boom and actually made some $$, good for you guys - I envy you... :) - but I don't know many of us who did. Do you??)

    For those who didn't buy a house, be glad your life's savings are not wiped out in this downturn. Most likely, you may also have sufficient cash reserves to survive the downturn. And looking forward - times like these are the best to get new skills or add more breadth/depth to existing ones.

    Hopefully President Obama and the new administration will reward the audacity of hope displayed by us legal immigrants, yearning to break free of this immigration quagmire!

    (If not - your country really isn't that bad - many folks back home are more than surviving! In fact, many of your friends back home probably did too well for themselves and are probably living a better lifestyle than poor you with all your accompanying immigration frustrations and insecurities... ).

    Best to all - let's keep plugging at it by supporting our collective efforts through IV.
    jazz



    I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.

    If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.





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  • zen
    04-06 09:33 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    !
    The problem with what you say is that if it happens to you then it is too LATE !!
    but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients



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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • Jaime
    09-10 04:13 PM
    thx for catching that.. i m sending it now to my school

    Great! Let's all do the same!!!



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  • DDD
    03-15 12:17 PM
    hhmmm.....architecture would be cool. But I think that would focus to much on the rendering than the modelling. I really would like to do a character contest. SOmething robotic that leaves the modeller to make it as detailed or as not detailed. But it is up to you. I need to add more 3d pieces to my folio, so I am really going to do it the this time lol. Since the time frame will be so long. We should try to have intermediate deadlines or WIP posts to keep interest in the contest.





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  • Jaime
    09-13 02:01 PM
    Easy decision: JUST COME GUYS!!!!



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  • piyu7444
    01-31 04:39 PM
    Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.

    She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.





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  • delax
    07-13 10:48 AM
    everybody ..I think 70% of green card filers know that Murthy is money maker and does not help our community much at all...
    she is just making up to show to world that she is doing some help for us..

    we still have to appreciate her efforts tahts all.

    MONEY MAKER - who isnt a money maker. Welcome to the world of Capitalism. I dont think any of us are in a position to comment on whether she helps our community or not. Here is a fact - On her call last week she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now :)

    Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.



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  • NKR
    09-05 04:07 PM
    chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.


    I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.

    An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.

    Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.





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  • ushkand
    07-24 11:50 AM
    I can't say for certain but from recent USCIS actions and the latest FAQ released, I see them issuing an RFE instead of outright rejecting the application. If they will accept applications without medical, they should be able to do the same for an employment letter. Ofcourse, this is just my humble opinion.



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  • senthil1
    02-13 01:26 PM
    Ethnic cleansing is eliminating particular group of people while in civil war. Whatever happened in past in Rwanda could be called Ethnic Cleansing. Here Indians including me came for luxury life and better career though most of them available in India because here there is no availablity of skills. If US can get all the skills they need then there is no need for immigrants then if they reduce immigration that is not ethnic cleansing.

    Total BS!

    How can you even suggest that the immigration related raids to be the same as
    .

    Admins, please close this thread!





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  • nomi
    12-11 02:54 PM
    Does anybody know who do we need to contact in USCIS about this rule making policy or ask them to consider this option. I hope there should be some department or office in USCIS who make all these rules. I think we should contact them and ask them what are our options here.

    thx.





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  • kaisersose
    02-21 04:12 PM
    I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?

    Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.

    Consider this:

    a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
    b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.

    The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.

    Therefore 400K at 140K/ year is not how it works.





    grinch
    03-11 10:33 PM
    Yes we are soulty!!

    Thanks bluesun, I'll try it out





    bigboy007
    06-11 10:24 AM
    I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
    I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
    Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
    You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.

    There are always two sides of coin and so is the half glass full, a half glass empty.
    Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

    Bhattji
    Well I leave that anology up for discussion. But for sure I see lawmakers in the current election year wouldnt be thinking all those as they were years earlier. if this amendment was tied to any jobs bill or BP oil spill bill etc... then for sure many lawmakers wont be reading through as we are doing here.

    For canadian immigration stuff I lived there for a while and I know how that economy operates. its certainly low market than that of US many jobs (IT) etc are very low paying and jobs are scarce for experienced but if one has one they are good. That statement is made in context of "Moving" to immigration friendly countries and start living there.



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