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  • r_mistry
    01-29 03:33 PM
    Friends,

    I filed my I485/EAD/AP (via company�s lawyer) at NSC service center back on July 24th, 2007. Received EAD, done FP for myself and my wife.

    Now my wife AP's online status shows "document mailed on January 18th". Have not received the physical notice yet. But here is the issue....even though we filed our cases together online status for my AP still shows "Case received and pending". Called customer service (opened SR, first week of January) but still no updates.

    Has this happened to anyone else? Should i take infopass since its over 180 days since we filed the application? I need to travel in end of Feb and need to know how I can expedite my process.

    Thanks for your help in advance
    __________________________________________________ _____
    Filed I-485/EAD/AP - July 24th, 2007 - NSC
    PD - Oct, 2005 - EB3 - ROW
    I-140 approved - Dec 2006
    EAD received - Oct, 07
    FP done
    AP - Wife's AP approved Jan 21st, 2008 - Self Pending
    LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)




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  • ssnd03
    04-02 03:18 PM
    You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.

    Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.

    I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.

    No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.




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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • gc_wow
    02-18 04:18 PM
    Can any body guess when I might get a Green Card? Ofcourse nobody knows but what do you think?



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  • Aah_GC
    06-10 10:09 AM
    My suggestion - Do your best to support IV - contribute and make those calls. Rest: Leave it to the man above - and move on with your priorities.




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  • rick_rajvanshi
    07-06 05:41 PM
    7/06/2007: Temporary Restraining Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action

    * On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.



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  • desi3933
    08-04 11:28 AM
    >> 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.

    Not correct. Please refer to visa bulletin. It has changed many times in last 10 years. In fact, last year it was current for EB-3. Again, please state facts only.

    >> 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.

    Greencard processing is based on employer-driven process. Most of the cost should be borne by the employer.

    One should be responsible only for I-485 related fees. How it can be $15,000+.

    Do you have any basis to back this claim of average $15,000-$20,000.

    >> Being stuck in a green card process keeps us bonded with 1 employer, job type etc.

    Why are you bonded? You are free to join any employer of your choice.
    After 180 days of I-485 filing date, one can avail AC-21 as well.

    >> 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.

    Are you really waiting for a decade?

    >> We understand that you work with in the limits of the law ...
    Same holds for person who has filed for I-485.

    Again, I truly understand the frustration for EB-3 India applicants, but letter should be based on facts and words like bonded should be avoided. One should be able to back every single line of the letter.

    Good Luck.




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  • Lisap
    10-03 04:20 PM
    Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
    We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
    If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).




    Please forgive me for asking this..... but can someone please explain to me what you mean by wasted visa numbers? How is it even possible with all the backlogs and the caps on categories for uscis not to be able to use all of the visa numbers? I would love for someone to explain this to me! Thank you in advance.



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  • saimrathi
    07-05 01:22 PM
    Mailed them yesterday.. NorthEast Pa (Bradford County)

    Which part of PA?

    Look up your Zipcode in

    http://www.house.gov
    http://www.senate.gov

    The Senators in PA are

    Sen Arlen Specter. Immigration Contact. Mr Ken Altman
    Sen Bob Casey. Immigration Contact: Mr. Kurt




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  • boreal
    07-06 12:35 AM
    You need to change the SUBJECT also...

    /***
    FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???

    How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
    ***/
    DUGG



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  • gcwatchdog
    11-06 01:05 PM
    so If I don't work parttime but I want to start a LLC to hire some people and want to maintain my H1.........Is it possible ??????????




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  • rahulpaper
    09-13 03:37 PM
    Thanks Pappu

    Pls see the first post on this thread for directions and the URL



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  • rokocoko
    01-09 01:34 PM
    I am one of those guys who entered US in a very late age (I am 35 now...) and haven't even started the Green Card process yet. I wonder everyday "if" and when the process gets started..how many years it would take to get GC (may be 5 to 6 years..correct me if I am wrong)...and after getting the GC..wait for another 5+ years to get Citizenship...I will be close to 50...ouch

    Well, as of today I don't feel like applying for GC...I realized my dream of coming and working in US...now the plan is to spend 4 to 5 years, clear my debts (yeah......running into thousands of dollars)...make some money to live peacefully in India..thats it....then go back to India....

    And its not just the family or friends...95% of my cousins and 90% of my friends are in US (trust me it is a large number)..except for parents and in-laws (and uncles, aunts)...every one is here...but I hardly get a chance to meet them...b'cos no one wants to take some time off to meet cousins/friends (unless you are in drivable distance)..I don't blame them (or me)..since we all want to save our PTO to visit India....

    I just wish..if I can spin the time wheel back...I would never think of a foreign country....(even though I am new to US..I spent about 8 years abroad in other countries already)..

    I don't feel like concluding..hence leaving this incomplete...

    thanks for reading




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  • susie
    07-13 09:37 PM
    I think it is time to write to Senators and Congressmen about the DREAM Act. Please see the post below that the Act is being re-introduced. It is under the thread "Alert from AILA for Dream Act Support". We should make sure that it is appplied to all children, including documented. As it last stood in CIR, the DREAM Act applied to only undocumented children.

    I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?

    I am planning to send emails to as many senators as possible over the weekend.

    ________________________________________
    Alert from AILA for Dream Act Support

    The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!

    Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa



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  • truthinspector
    01-03 05:01 PM
    I think this is a really complex issue. We go thru a lot of thoughts now and then.

    When I think rationally this is what I am concerned about:
    1. Social isolation from family (brother/sisters/extended family) in the long run.
    2. Inability to support aging parents.... *sigh*
    GC Cons:
    1.You cannot enjoy the company of your parents/relatives.
    2.Your wife cannot work.
    GC Pros:
    1.You and your family will be raised in a pollution free environment.
    2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
    3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
    4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
    5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
    5.Infrastructure?
    6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
    7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).




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  • Michael chertoff
    09-04 08:29 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.


    -

    Dear Pappu, what do you think about next bulletin? any internal information? there will a forward movement or reterogression?

    Thanks

    MC



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  • Libra
    09-28 10:03 PM
    hey dont worry abt application, i'll send you GC in mail.

    Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D

    Regards,
    IK




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  • mirage
    03-31 06:15 PM
    How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out ...that u r crying over USCIS issues? Chill dude :). They were gracious enough to realise their mistake last year and hand out EADs to everyone. Full marks to USCIS for being spontaneous and doing the right thing at the right time. Infact its ppl like u who will always keep cribbing no matter what. Even after u get ur GC u will crib over citizenship delays. Shame on u.




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  • ak_2006
    06-10 02:11 PM
    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.



    Thanks IV...thanks a lot.




    Green.Tech
    06-12 11:29 AM
    got 1 friend to donate yest., he should be posting the receipt Id soon.. I have the ID but didn't wanna post myself to double count.
    Guys, please persuade your friends and coworkers.
    Thanks.

    Good work, add78!




    kinvin
    03-16 10:16 AM
    same reply



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