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  • JunRN
    05-18 01:14 PM
    C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.

    Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.





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  • ns007
    01-04 09:37 AM
    1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.

    2. If employer is paying for it, ask them that you would pay for the second I-140.

    3. If employer does not agree on either of the choices listed above:
    a. File for EB3 I-140
    b. Join a new employer and file a new EB2 labor and port your EB3 priority date.



    They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.





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  • a_yaja
    07-24 01:47 PM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
    There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".





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  • 21stIcon
    04-10 07:19 AM
    I filed my conversion case two months ago, they have not withdrawn my BEC case yet since BEC had not sent 45 days letter so far and BEC could not locate my old case to verify with new case, so my conversion case dormant at PERM as well as old case @ BEC. no use of PERM conversion if you have not received 45 days letter, it may be helpful for who have received 45days letter and waiting for BEC decision.


    Thx,
    PD -->01/07/2004
    RIR/TX
    No 45 days letter yet
    PERM Conversion filled on 02/07/06



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  • learning01
    02-25 05:03 PM
    This is the most compelling piece I read about why this country should do more for scientists and engineers who are on temporary work visas. Read it till the end and enjoy.

    learning01
    From Yale Global Online:

    Amid the Bush Administration's efforts to create a guest-worker program for undocumented immigrants, Nobel laureate economist Gary Becker argues that the US must do more to welcome skilled legal immigrants too. The US currently offers only 140,000 green cards each year, preventing many valuable scientists and engineers from gaining permanent residency. Instead, they are made to stay in the US on temporary visas�which discourage them from assimilating into American society, and of which there are not nearly enough. It is far better, argues Becker, to fold the visa program into a much larger green card quota for skilled immigrants. While such a program would force more competition on American scientists and engineers, it would allow the economy as a whole to take advantage of the valuable skills of new workers who would have a lasting stake in America's success. Skilled immigrants will find work elsewhere if we do not let them work here�but they want, first and foremost, to work in the US. Becker argues that the US should let them do so. � YaleGlobal


    Give Us Your Skilled Masses

    Gary S. Becker
    The Wall Street Journal, 1 December 2005



    With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.


    An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!


    This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.


    So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.


    Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.


    To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.


    Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."


    Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.


    Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.


    Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.


    Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.


    I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.


    Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.


    Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?
    URL:
    http://yaleglobal.yale.edu/display.article?id=6583

    Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.



    Rights:
    Copyright � 2005 Dow Jones & Company, Inc. All Rights Reserved

    Related Articles:
    America Should Open Its Doors Wide to Foreign Talent
    Some Lost Jobs Never Leave Home
    Bush's Proposal for Immigration Reform Misses the Point
    Workers Falling Behind in Mexico





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  • smuggymba
    01-04 08:14 AM
    Indian govt trying to please IT companies....nothing will happen. Just lip service like any other promise by our beloved politicians.



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  • GCwaitforever
    03-07 06:55 PM
    Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.





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  • Bodran
    05-25 02:04 PM
    For some reason mine went the other way ,from Texas to Nebraska. It should have been in process at Texas but now Nebraska has retrogressed me about 5 months to March 10 2007 with my I-140 reeipt date of Aug. 16 2007. Can I complain about this? If so where?

    Type : EB3
    RD to TSC : Aug 16 th 2007
    Concurent Filing : NO
    Tranfered to NSC : April 7 th 2008
    Last Update : April 15 th 2008
    Current Status : This case is now pending at the office to which it was transfered
    Approval Date : Pending



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  • mvinayam
    08-12 11:07 PM
    On 2nd July, what time was your i-485 application received at NSC?

    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV





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  • arindamb
    03-17 01:02 PM
    pardon me for the confusion. When I meant online notification I meant the USCIS case status service page at https://egov.uscis.gov/cris/jsps/index.jsp



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  • pnara2
    01-03 09:20 PM
    Just think that you read a joke!

    US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!

    Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!





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  • hydboy77
    06-12 07:50 PM
    Great Job vine93. In addition to telling your story of sufferings,disappointmenst becsue of the retrogression also get some talking points from IV maybe Pappu can provide you some, not that you need any, everyone of our sufferings are talking points by themselves. Please convey them how people from India are waiting for 10+ years without any chance of GC in sight and have to wait for another decade or so to get there green card. Good luck, I have called my congressman and vented my frustrtaion at how people from India china are suffering because of country quota and because of recapture of visas not happenning.


    Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .

    http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256



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  • s416504
    08-30 10:58 AM
    ??

    Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green





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  • lrindy
    09-19 11:48 AM
    Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.

    Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...

    If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.

    Keep up the good work IV!!!!!!!!!
    I have learnt a great deal from this site and will continue, in my own small way, to help the cause.

    Cheers,

    LRIndy. Crossroads of America!!!



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  • pranju
    05-25 05:43 PM
    My passport is expiring next year how early i can apply my renewal,
    I want to go to india to get my visa stamped, i donot want to get it stamped in my old passport.

    Any idea?





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  • Z.Liu
    06-18 05:52 PM
    Hi, Guys,

    My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?

    ******requested for 485 filing*************
    For your wife:

    1. Marriage certificate, w/English translation
    2. Birth certificate w/ English translation
    3. Biographical information page, and date of issuance/expiration page, from current passport
    4. Copy of her current visa
    5. Copies of other US visas you have had
    6. Current I-94 card
    7. Passport entry stamp from last entry into the United States
    8. Six (6) passport photos

    For you:

    1. Birth certificate, w/ English translation
    2. Six (6) passport photos
    3. Last two (2) paycheck stubs
    **********************************************

    *medical exam forms also asked separately.

    My condition: filing with current employer. I-140 was recently approved.

    Thanks alot.

    :cool:



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  • bkarnik
    12-06 09:45 AM
    Irrespective of what your notice says, it is very likely that your case has still actually not been transferred to NSC and is still in the CSC. I know because this is what has happened in my case. Just like yours, both mine and my spouse's applications were transferred to the CSC for data entry. Then we got notices saying our cases have been sent back to NSC. But apparently, only the 485 applications were supposedly sent back. The CSC issued EADs and APs for both of us.

    IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.

    Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...

    So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!

    Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
    My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.

    My case was filed at NSC , then went to CSC and then transferred to NSC.

    Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.





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  • STAmisha
    03-27 06:31 PM
    What documentation I need to convert from H1 to h4? Do I need to go outside US for this. I'm on H1 and I dont have paychecks since I'm on bench.
    I want to convert back to H4 soon.





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  • txh1b
    04-16 02:31 PM
    Other option is Try to get from University. They will have the copy for the sure.

    OP already did that and they seem to have purged it as per his first post.





    prasadn
    02-04 02:08 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.

    Thanks,
    Prasad





    masti_Gai
    01-05 09:04 AM
    coz...
    Many people have started moving from EB3 to EB2 and retaining their priority date.
    Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
    So the no of cases in EB2 have increased in an alarmin scale after 05.
    but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
    All the best. Hope ur decision really pays off....:)



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