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  • ps57002
    10-07 08:00 PM
    will be there.

    Do update the poll if planning on attending :)





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  • Macaca
    06-16 06:54 AM
    Is there any information on what an "easy" case is?
    I haven't seen one so far!

    It appears, easy case is a subjective decision made by a USCIS worker based on amount of time needed for the case.

    It is a job scheduler that schedules the shortest job first with a subjective estimate of the time needed to process the case.





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  • alterego
    10-10 04:54 PM
    The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.

    So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.

    Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.





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  • vdlrao
    09-07 03:36 PM
    Hi,


    Are there upadates on the info file that we have filed to know the approved lobors in each category by year(month) wise. Can you please update us.



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  • Norristown
    11-29 07:15 PM
    I have a different situation.
    My EAD was sent back to USCIS beacuse they forgot to include apt#.
    I called USCIS and they rectified the error told me that they will resend it again.
    I have got the I765 receipt but not EAD card.
    I called them again, they sent me letter saying that they will consider this case as lost in mail beacuse they did not get the returned EAD from poast office.
    USCIS sent me a letter asking me to apply again.

    DO I need to pay fee for that? It was mistake from USCIS side they have address wrong!

    Does any body know what to do?





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  • HawaldarNaik
    08-28 03:25 PM
    The AP is truly an amazing conundrum. I will try to clarify.

    1. When AP is filed, you need to be in the US. No if's and but's about that.
    2. If AP is used at the border for entry, it DOES NOT invalidate your H1. Only using EAD to switch jobs does that.
    3. Lets assume you have an AP valid till Jan 1. You apply for new AP on Oct 1. However, you need to travel on Dec 25. Now there are two scenarios:
    3a) you return on Dec 30 - you can use your old AP as it is still valid. The fact that you have applied for a new AP and left the country DOES NOT abandon your new AP because your old AP is still valid.
    3b) You return on Jan 3 - You need to have the new AP in hand.

    If there are any more questions on AP, please feel free to PM me :)

    Thanks

    Does that mean that wife can travel after applying for the new AP and then i will post her the renewed AP, which she can use to reenter say after the expiry date of the old one so in this case 3rd Jan ? Cause i had asked this question on this forum and i was informed that when she is travelling to India she must get the new AP approved, i cannot send it to her via mail



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  • gc28262
    06-12 12:00 PM
    Interesting analysis.
    However with country cap in place and if EB-ROW candidates are in plenty, India and China cannot advance even if visa numbers are available.





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  • axp817
    06-10 08:02 PM
    Actually very true. I for one have held off on buying a gun (though my wife highly disapproves of guns) simply because I dont have a GC and dont want any hassles. Besides I live in Chicago which has a ban on guns. Ironic that the maximum killings and drive by shootings happen maybe 30-40 blocks from where I live but the city doesnt allow legal law-abiding residents to own guns.

    It isn't an outright ban. Chicago doesn't allow concealed carry, and requires guns to be registered, but you can own guns. Yes, the process for legally owning a gun in Chicago I understand is very tedious (sad, I know), but not impossible. Much like NYC.



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  • wahwah
    11-14 10:31 PM
    you argued with me unnecessarily......my prediction of severe retrogression in 2 months was not incorrect.

    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st C C C C C
    2nd C 01JAN03 01JAN02 C C
    3rd 01SEP02 15OCT01 01MAY01 22APR01 01SEP02
    Other
    Workers 01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employ-ment Areas/
    Regional Centers C C C C C




    You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?

    Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?

    Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.




    Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.


    So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?





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  • tnite
    06-18 11:08 AM
    If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?


    They will send your application back to you.Maybe some experts can opine on this



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  • kaella
    11-04 11:20 AM
    I know this is not releated with Immigration. If you dont want to answer, that is fine. Just ignore this.

    I have money crunch in US. I have accumulated huge debt in my CC. In past I have sent some money to India, but now when I ask my parents to send it here, they tell it is not possible without losing 30%. This is what they heard from my bank. Any Idea on how to get money from India from my own account to which I have sent from here.

    I am in the other way round,Last year i bought a house in india and i keep sending money to india as soon as i get my salary deposited everymonth. Lot of my friends are in the same boat,we send all our savings to india. I send not less than $3 k /month to india and can try to help you.
    Let me know how much you are planning to get here ,so that i can think of it. We can work on a mutual benefit way, if you are interested.

    I live in Louisville,KY.





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  • seekerofpeace
    09-11 10:28 PM
    ivslave,
    I did ask my friends but only thing I didn't poll it on IV.

    Bottomline is with so many people waiting for their GCs. residency, H1-B other status in IV...the last thing in their radar is a poll on buying a house.....

    My friend circle was enough for me to decide on such things than the hapless and ever-patient members of IV. Give them a break..........

    SoP



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  • nav_kri
    12-31 01:22 PM
    So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?

    Searched on google and got the following info

    MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
    Chat User : Thanks a lot in advance for the kind-hearted services,
    Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
    change my employer now, can I get 3-yr extension, and can I keep my priority
    date even if my employer cancels I-I40?
    Attorney Murthy : Based on the current understanding of the law and
    the USCIS interpretations, one is allowed to file for a 3-year H1B with a
    new employer based on the I-140 petition with another employer. Also, the
    person should be able to retain the earlier PD unless the USCIS believes
    that there was some sort of fraud. We have seen them grant the earlier PD in
    most cases, even after the earlier employer revokes or cancels the
    previously-approved I-140 petition. Many employers nowadays are choosing not
    to pursue revoking the I-140 petition, especially if the employee paid for
    the processing.


    http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html

    Job Change - Transfer of Original Priority Date
    This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.

    If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.


    You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.

    Cheers and Happy new year :)





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  • mrsahaayam
    03-15 11:01 PM
    Comtting a crime and trying to blame others for that....

    is that what you are supporting?

    Snathan
    I asked for advice, if people can give I am more than happy to accept it. I don't expect to beat me for the sin that I have done.

    I am not blaming any one here. I don't have right to blame as well others.



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  • srkamath
    09-05 03:25 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

    Sorry to hear your story dude. You just met a jerk of a law enforcement official - they are in the minority. Most CBP officers are better than this. Several years ago i too met a jerk like this in an airport in the southeast. I was entering on H1-B, he kept saying that my employer (a reputed american company) was disloyal etc... as he was processing our paperwork. First he grilled my wife, then he started with me, i just responded to him with a disgusted facial expression.. answered his questions rather curtly when asked, did not respond to his rants. His rants were not framed as a question - so i don't have to answer it. All this lasted a total of 5 to 6 minutes as he was checking and stamping our passports.

    BTW, not seeing your family for several years is a "humanitarian" cause. Technically the AP is supposed to be used as a travel permit for difficult situations, but most good Americans know that not seeing family for years is a good enough reason. There are jerks everywhere and type A's, thankfully they are not in the majority.





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  • chanduv23
    10-02 05:12 PM
    guess i have my dates wrong! i will be there this coming weekend...starting thursday...all the best for your gathering!

    We can meet u when u r around too - some of us - u know :) - we can meet for dinner or just a casual meet depending on your free time - we can discuss this offline



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  • terriblething
    06-12 10:38 AM
    Thanks for your advice, buddy.
    My attorney told me that DA offer is not negotiable if just from my attorney side. I knew they have not good relationship, probably they have too much un-happy fight experience before. As before my pre-trial conference, he mentioned she (DA) does not like him. :(
    So that day my attorney give me 2 choice, go Trial or accept offer, I select first one. We already set a trial date at July. We have problem on strategy I think.

    Yesterday, I have conference with my attorney, he told me he could try to get that offer back. I don't know if trial already set, I can still change idea??? My attorney suggest my wife mail that DA directly and tell her the truth and see if that can help reduce or dismiss the charge. Now we prepared on this.

    One more thing, my charge is level 1 misdemeanor, not felony. Is that same excuse for deportation right away? What BIA stands for?

    Thanks!!!!!!

    This is a serious matter. Make sure that you have an attorney that understands both the immigration and criminal consequences of this charge. From your description it sounds like your attorney is just a criminal attorney.

    NEVER NEVER plead guilty to this charge. Force your attorney to meet with the DA and try to get a Pre-trial diversion (in which you do not have to admit your guilt in any fashion, volunteer to do extra community service if the need be). The definition of "Aggravated Felony" is much more stricter than any state's version of Felony. On top of it all in the eyes of BIA judge this is a Domestic Battery (No matter what the state charge indicates), making you deportable right away.

    I don't want to scare you but whatever happens you should not plead guilty to this charge. If nothing works out you are better of taking you chances with the trial (Especially since your wife can back you on your story).

    I hope this helps... Get a competent lawyer who understands the gravity of the situation.





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  • NKR
    01-14 01:29 PM
    I hope that this holds good for existing GC applicants too. When perm was introduced the existing applications was pushed to the BEC black hole. Many of us had to wait for a couple of years while watching the newer perm applications getting approved.





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  • ivgclive
    10-03 10:29 AM
    Citizenship by Birth
    ---------------------
    Any person born in India on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987 was a citizen of India by birth. A person born in India on or after 1 July 1987 was a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.

    Citizenship by Descent
    ----------------------
    Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

    Person born outside India on or after 10 December 1992 are considered as citizens of India if either of their parents is a citizen of India at the time of their birth.

    From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

    Citizenship by Registration
    ----------------------------
    The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:


    a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
    a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
    a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
    minor children of persons who are citizens of India;
    a person of full age and capacity whose parents are registered as citizens of India by ordinary residence in India for seven years;
    a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
    a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

    Citizenship by Naturalization
    ---------------------
    Citizenship of India by naturalization can be acquired by a foreigner who has resided in India for twelve years. The applicant must have lived a total of 11 years in India in a period of 14 years, and must have spent in India the past 12 months preceding the application.





    hindichinibhaibhai
    03-28 08:45 PM
    Isn't it about time?





    485Mbe4001
    10-12 06:58 PM
    I tried the following a couple of days ago.
    i got a letter from my company about my status and issue with retrogression, I took a printout of the webfax from the IV site and sent a certified mail to our state senators (i am from CA). I think this is better than a web fax, i am not sure if they even read the web fax. I havent received a response from them as yet, but i am sure i will. Others can try it too and see if they get a response.
    I did this because a senior manager from my company got fed up with his visa process and returned to Canada last month. He was ROW EB3 when he started his process.

    good response. we are all in this together and need to work together in order to get things done. IV is not just IV core but each and every member. each member should try to do something positive in order to help IV in whatever way theycan. - contributing money, help increase members, contact their local lawmakers and also contacting media. we need to raise awareness andevery small positive action done by an iv member helps in the overall scheme of things.



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