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  • jayleno
    10-29 10:37 AM
    None of the memos have stated that AC 21 can be used only in the case of lay offs. It could be a case of USCIS covering up a mistake they did. With the severe retrogression and impending recession there could be several reasons an employee will leave the employer.

    One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"

    In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
    thanks,
    aps





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  • factoryman
    06-18 06:09 PM
    in my opinion:
    485
    325A
    sealed medical cover
    his passport copies - all pages
    his/her birth certificate
    your receipt
    photos
    check
    employers letter, again

    ( am I missing anything)

    Hi all

    I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise

    thanks
    krishna





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  • fatjoe
    10-22 04:14 PM
    Cali: Did you try Ombudsman too? No result?
    Mine is at TSC. PD: July 04. RD: Aug 17, 2007. ND: Oct 15, 2007. What is your RD and ND?
    I have a feeling that the IO might look at the applications received on Aug 17, 2007, only at last. Its because, when I went for infopass, the IO said that, "You have filed on the last date, so you will have to wait".
    Anyhow, I have tried all that I could, and now I leave it to the Almighty.[/QUOTE]





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  • Robert Kumar
    04-02 05:08 AM
    If 44k is the available number for EB2 I & C then the PD will move upto Jun 2008 with out any doubt. Even with the porting of EB3 to EB2 is accounted for.


    .

    Do you have any idea, how many cases get approved per month.



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  • jonty_11
    06-29 05:33 PM
    I want to bathe in beer tonite.!!!!!!!!!!





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  • waiting for GC
    09-24 06:09 PM
    Congratz!!! You got it on right time, celebrate whole weekend..

    Thank you !!



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  • smisachu
    07-09 11:15 PM
    We have no doubt that India is Great...Can't you see in this Gandhigiri that we are doing!! Show me any other country on earth that is using something that is more than 70 years old!!We are here(in US) to acheive some goal..higher than GC..but GC is an essential step in acheiving this..That's it..
    By the same tokes as you say, if Gandhi did not start Quit India movement citing that his efforts for the past 25 years have not suceeded so there is no chance now...British would not have left in 1947

    What we are protesting is the unnecessary turmoil that USCIS put us through..as you said we cannot force things in US like in India, so we have not called for a Bundh, we don't plan to burn anything or pelt stones...Just a peaceful message..that don't waste our money and effort due to your inability to communicate among yourselves..

    As far as your theory that PD2005/2006/2007 should wait..what do you have to say to me..

    1999-Came to US to study MS
    2001-Started working
    2002-EB2
    2003-Joined MBA
    2004-Employer shut down and off went my EB2 2002 before I got my Labor
    2005-EB2
    2006-I140
    2007-I-485 filed in July?????

    Have I satisfied the criteria for FIFO according to you???


    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006





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  • whitecollarslave
    01-11 03:53 PM
    Can somebody comment on the following two things? This has been asked twice before on this thread (once by me and again by somebody else) but has gone unanswered.

    1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.

    2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.

    Please provide links/references or analysis to back up the claims.
    Thanks!

    Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.



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  • mhathi
    01-08 08:58 AM
    I will send out my letters to the president and IV by the end of the week for sure, if not earlier. I like the idea of a handwritten letter, however, my handwriting may cause it to be disadvantage rather than an advantage. To err on the side of caution, I will leave the handwritten letters to people with more appealing penmanship :D

    GO IV!!!
    mhathi.





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  • ItIsNotFunny
    11-03 11:15 AM
    Guys,

    I was reading Murthy's FAQ on AC21 she did in 2002. Read Question 6 carefully. Revoking I140 was always an issue, may be never surfaced!

    http://www.murthy.com/news/UDac21qa.html



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  • nc14
    11-25 02:06 PM
    I also got my letter and envelope back from TSC. :confused:


    I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
    No responses from anyone else.





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  • Foster2007
    07-09 06:55 PM
    I think the blood drive is a great idea...draws media attention and serves a just cause!!!

    Calling IV leadership to organize this all across the country!!!


    What you guys are talking about ... Walter reed is the best place for the flowers to go, with all what is going on in there ... the media will eat this news . DO not Cancel whatever you Do do not cancel instead call the media and let them know........... This is even better.

    Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.



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  • desi3933
    08-07 12:30 PM
    Let me add my 2cents here.

    This came up when I was discussing this topic with my lawyer friend -

    Person can still file for GC when he/she is at school in eb3 and after finishing school, he/she can file another one for EB2 and can port the date to earlier PD, just like eb3 person who started work instead of going to school. Remember, GC is for the future job and person can not claim that he/she needs to be employed in order for GC to be filed.

    Law does provide equal opportunity to both for PD recapture (aka PD porting).

    Disclaimer: I am green card holder for 6 years and personally this issue does not affect me.





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  • optimystic
    08-21 08:53 PM
    current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..

    Besides..you have been waiting very long from 01..just like me..incruiating..wait..

    Here's a quote from the Sept Visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


    June cutoff for EB3-I was Nov 2001. So worse than this means, the cutoff will be eariler than Nov 2001. And I picked Apr 2001 as the lower bound just because, Apr 2001 is a very well known time frame where the PDs just hung there forever for EB3....dig around in the forums to know more about Apr 2001 and its relation to EB3, backlogs, etc....



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  • natrajs
    10-01 04:23 PM
    Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.

    I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.

    Thanks,
    -N

    Finally , Congrats & Best Wishes





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  • SunJoshi
    12-31 11:22 AM
    Any member from IIT Bombay, please contact me ASAP.

    We have a very important lead to work with.



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  • ski_dude12
    09-27 04:35 PM
    I received the cards today. However, the "Resident Since" date is some date in 2008 instead of 09/20/10 (date when I-485 was approved).

    I was told by USCIS customer service to fill out form I-90 and mail it to them for a replacement.

    I needed clarification on a cryptic question on the form-

    Under Part 3 (Processing information)-
    3: City of residence where you applied for an immigrant visa or adjustment of status

    The I-90 instructions has this - "City of residence where you applied for an immigrant visa or adjustment of status - List the location of the U.S. Embassy or consulate or USCIS office where you filed your application for an immigrant visa or adjustment of status"

    So does this mean it is the service center I applied to during the 2007 fiasco? or where I lived when I-485 was filed? The question is cryptic but the help in the I-90 instructions looks clear.

    Any one had this issue before? They do have an option on the form for USCIS error for which I do not need to pay any processing fees...





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  • sledge_hammer
    07-09 09:17 PM
    hahahahahahahahahahahahahahahahahaha :D

    I think we can all relate to this...


    You definitely sound like my mother , who gets scared by the news that gets published in telugu news papers about gas station shootings in USA. Otherday she asked me not to goto "that gas station in Kentucky" .. I live in CA.

    There is no shame in protesting injustice. Nobody who sent flowers is foolish enough to think that they will get their GC just because they sent flowers.

    Can you please explain what is the real problem of USCIS?





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  • glus
    01-21 09:47 AM
    But if your visa is stamped and not expired, do you still need an AP ?

    Anurakt,
    If a person has filed an I485 and has a valid H1 visa stamp in his/hers passport, no AP is needed when traveling as h1 is a "dual intent" visa. This applies to H1 and L1 visas. When leaving this country when I485 is pending, the I485 will not be deemed as abondomed because one travels on a "dual intent" visa. IF one, however, had filed an I485 while being on a diffrent type of a visa, like F1, or B2, one MUST obtaint AP before leaving. Other wise the person will NOT be able to re-enter the country even if one has a valid F1 or B2 visa and the I485 will be deemed abandomed. This is because by filing the I485, he/she has shown an immigrant intent, and both F1 and B2 don't allow for such intent.

    So many people don't realize that a H1 or L1 are very POWERFUL visas.
    I am not an attorney so do not take my answers for granted.





    andy garcia
    07-10 07:43 PM
    We all know that IV is not Indian. More Indian!=All Indian. Lets not worry about it and most importantly I request IV members from all countries to ignore it as a reporter mistake as they script stories in their fashion to elicit more coverage. It is almost impossible to edit the story that has been distributed by Reuters/AP. Once its gone, its out of their hands.

    Maybe 80 -90 % Indian.:)





    Canadian_Dream
    11-26 01:57 PM
    Punjabi77,
    Here is a list of things you can do to protect and improve you cash cushion (and may be avoid foreclosure)

    1. If you drive one of those luxury cars that cost upwards of 25K and have paid it off. Get rid of it now. These cars depreciate more in dollar terms compared to cheaper cars. Buy a less expensive, no frill used car for 9-10K, put the difference in bank. That might bring in 10K of much needed cash. Even if you have not paid it off look for deals to sell and reduce your monthly payments.

    2. Open an account at quicken online (http://quicken.intuit.com/online-banking-finances.jsp) it is free. Connect your banks and monitor ALL your expenses carefully. Find out what portion of spending is discretionary and cut down on it.

    3. Hunt coupons, shop at Costco/Walmart (even if you hate the shopping experience). Avoid brand names and stick to Kirkland/Great Value. This might save you in monthly expenses.

    4. Also, you can add cash by working part-time. I am not talking about those hard to come software moonlighting jobs. Any job that pays 10-12 an hour will add 12 x 4hr x 5days x 4 Weeks = $960 per month.

    5. If you live in a duplex with a bathroom/bedroom downstairs, you can rent it to someone from local college/university. Underbid by quoting super low rent on craigslist and you can get $400-500 per month.

    6. Use online services like LegalZoom (or Prepaid legal from work) to prepare contracts for rentals etc.

    7. Cut down on travel/eating out and anything that you can live without. A little cash could go a long way.

    Also, when it is hard to stay put and make payments, always remember there is a silver lining in owning a house too. If there is a hyper inflation (which is very likely) rents will sky rocket and salary might go up to keep pace with it, but your home mortgage frozen in time for next 20-30 years will remain unchanged and you could potentially have lower monthly expenses compared to renters. That's a bright side of staying put.

    Hope things workout for you. Good Luck.



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