Sunday, June 12, 2011

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  • gk_2000
    10-20 10:13 PM
    he is leading his dem candidate by 30 points in one poll

    Hey bhagwan, is budde ko dharthi se tu utha le..

    (Oh almighty, summon this old man away from us)





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  • jthomas
    07-05 01:50 PM
    Which part of CA are you in? Is it scary to live there. Do you really need a gun?

    I live in Southern california(also lived in LA/Orange/San diego area) and i guess you are not in Southern california.

    J Thomas





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  • dkjariwala
    03-30 08:36 PM
    Awesome. Congratulations and enjoy!





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  • pansworld
    07-07 04:26 PM
    But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents



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  • frostrated
    09-09 04:03 PM
    but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.

    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.





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  • vxg
    08-06 08:52 AM
    I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
    It does not need a attorney or spies. You just need to work up the numbers.
    I did this only for INDIA. Any chinese can complile it for China.



    MONTH EB2 EB3
    Aug 05 C 01APR01
    Sep 05 C U
    Oct 05 01NOV99 01JAN98
    Nov 05 01NOV99 01JAN98
    Dec 05 01JUL00 1-Jan-99
    Jan 06 01JAN01 01JUN99
    Feb 06 01AUG01 01JAN00
    Mar 06 01JAN02 01JAN01
    Apr 06 01JUL02 01FEB01
    May 06 01JAN03 01MAR01
    Jun 06 01JAN03 08APR01
    Jul 06 01JAN03 15APR01
    Aug 06 U 01APR01
    Sep 06 U 15APR01
    Oct 06 15JUN02 22-Apr-01
    Nov 06 01JAN03 APRIL01
    Dec 06 08JAN03
    Jan 07 Jan03 May01
    Feb 07 Jan03 May01
    Mar 07 Jan03 May01
    Apr 07 Jan03 May01
    May 07 Jan03 May01
    Jun 07 Apr04 Jun03
    Jul 07 C C
    Aug 07 U U
    Sep 07 Jan03 May01
    Oct 07 Jan03 May01
    Nov 07 Jul03 June02
    Dec 07 Jul03 Jun02
    Jan 08 Jan04 Jun02
    Feb 08 Jan04 Jun02

    Here is my analysis.

    Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
    Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
    Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
    For EB3, they like to get it stuck at mid year so Jun02.

    Guys, give a thought to this trend and see if you can guess more accurately.

    Well they approved EB2 2004 cases in Jul so that means that if there is not a flood of EB2 apps with PD before 2004 the dates should stay in 2004.



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  • veni001
    11-08 04:54 PM
    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o

    How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
    In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o





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  • chanduv23
    07-09 02:02 PM
    Be careful with Lawyers - there is a way to handle them. Remember, you may hate them for their attitude, but your approach to them should be pleasing.

    You have to be very very very pleasing, praising, and kiss ass. You must kiss their ass like anything to get things done.

    On the contrary - paralegals are very rude and you must be very careful dealing with them. They have the skill of triggering your anger and in most cases, you want to let the lawyer know how dissatisfied you are, and this in turn triggers Lawyer's ego.

    For immigration lawyers we are the clients - but they don't work for us, they work only to extract innocent immigrant money.

    They tend to side with stupid HR personnel from big companies and give them all sorts of advices on immigration and form the HR lawyer alliance. They are nice to each other and share love bites.

    The best way to deal with a lawyer is - Kissssssssss asssssssss , praise them, thak them, keep them in best spirits, never get annoyed, tell them u can come over to their office if they say they are busy. You all don't need a lot of explanation - I think you understand how things work



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  • immigrant2007
    07-19 03:05 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
    Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?





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  • srgadi
    07-20 08:02 PM
    Hi All,
    Is having paystubs absolutely essential or will w2's suffice ?

    As far as I know paystubs are not part of the required documents for AOS, tax returns are.



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  • Pria
    01-06 04:25 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria





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  • pappu
    03-05 09:01 PM
    check the news of the testimony posted by me last month. As per DHS this money was to be also used for enforcement.



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  • dilbert_cal
    07-11 11:46 AM
    Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer.... my 2 cents....

    I believe USCIS has more work than just EB - they do have have FB cases too and certainly the backlog in FB is still many times longer than EB.

    Not that I am saying we are better off or worse off - just wanted to point out that USCIS employees do have something to work on regardless of EB numbers available or not. Also EAD and AP processing goes on regardless of whether EB numbers are there or not.

    Please do not assume that no work is being done and belittle the jobs of those who work at USCIS.





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  • DSLStart
    07-28 03:56 PM
    The reason for transfer as per email was that the jurisdiction is now TSC But why now? why not transferred along with 485 in 2007?
    Orignal poster,
    what was your message in email/online status?
    is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!



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  • gcloner
    03-28 02:39 PM
    until today my I485 was 60 days outside the processing times.
    Now it is not.
    I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.

    Things that caused Nebraska to move back:

    Transfers from Texas Service Center
    180 day name check rule
    Some categories moving forward in VB, and they had not been doing pre-adjudication.
    They are trying to make processing dates reflect reality (and reduce service requests)

    The only logical thing was to move the processing date back, if only to reduce the service requests coming in.

    I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.

    This is some sign of some LIMITED attempt to process as FIFO for receipt date.

    hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset





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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram



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  • ashkam
    11-17 02:53 PM
    using AP with H1B will not affect your h1b status in anyway.

    Go with what roseball said ..................... 100% true

    What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.





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  • pappu
    12-31 09:03 AM
    Is your case complicated or has multiple applications?





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  • IV_Friend
    03-29 04:39 PM
    Dear Attorney,
    My Brother is working Employer "X" on H1B.
    His employer started his Green Card Processing in 2007.
    His Labor (PD 2007) and 140 are approved by 2008.

    Because of some reasons he had leave the employer "X" and Join Employer "Y".

    Employer Y, willing to start green card process.

    Can my brother use prior Priority Date?

    Please advice. I Appreciate your help.





    vxb2004
    07-26 07:18 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    Processing of your EAD and AP is independent of your 140 status.





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