Saturday, June 11, 2011

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  • wandmaker
    05-22 10:09 PM
    ^^^^^^




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  • amsgc
    05-02 09:56 PM
    It was obvious that King was not in favor of the recapture. The idea of someone applying to adjust status only to enjoy the benefits of EAD/AP is impractical and simply rediculous. In order to file I-485 you need an approved or a pending immigrant petition, and if you have either of the two, then you have a legitimate case that deserves to be adjudicated. Aytes should have clarified this.

    Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.

    I thought the testimony went well:
    - It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
    - It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
    The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
    - Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.

    what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...

    well damn you king, issue GCs faster then!




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  • coopheal
    12-16 03:22 PM
    Maybe you want to start a thread and collect all those who are stuck in 2001 and earlier dates in EB3 I and 2003 and earlier for EB2I on IV.

    Lets see how many we get. They should also update the IV tracker with their dates. We can then use that data to ask help clear the backlog and petition to advance dates in a systematic order. This will work if you can get many people who are stuck despite their dates being current for several months/years. What do you think?

    I'snt tracker broken (Sorting by PD ) for some time now.




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  • Edison99
    11-16 08:39 AM
    Great!
    Thanks for the updates�..

    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.



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  • desi485
    11-18 03:50 PM
    We must also step forward and work towards resolving other things

    (1) Create blog on how to report Employer wage violations to Wage and Hour division

    (2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues

    (3) Any other pressing issues....

    Folks please add anything you feel must be addressed

    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

    --------------------------------------------------------------------------------

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.




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  • ashutrip
    06-20 01:28 PM
    Refer this.

    http://immigrationvoice.org/forum/showthread.php?t=2567
    anybody here who got his labor certified from Atlanta off late



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  • th5000th
    06-11 07:31 PM
    There are approximately 25,000 EB2 and 25,000 EB3 applicants currently
    queued at the Department of State awaiting visa numbers.

    There are currently approximately 25,000 EB2 India cases
    which have been reviewed by USCIS and queued up at the Department of State
    awaiting visa numbers for the "green cards" to be approved.

    What does this mean? All the pending EB2 cases for visa numbers are from India?
    Isn't it too ridiculous?




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  • jungalee43
    03-12 11:54 AM
    Pappu,
    I have been a donor since 2006 and donated about $1000+ through 3 or 5 one time payments and monthly subscription of $20.
    But I discontinued my monthly subscription seeing absence of IV core for long time in 2008. But more than that I was completely pissed off with free riders with one time questions and then disappearing, nanny questions, people sharing jokes on this forum, people commenting on the internal matters of their own country and so on. I felt the forum was being used for all other matters except the one issue it was formed to address: "RETROGRESSION in EB IMMIGRATION".
    I am fully supportive of paid membership and welcome this step. I thank IV admin for the same.
    Now my questions are
    What is the vision / mission/ purpose behind the "donor forum"?
    whether members will still be able to post questions for free and get answers? And of course vanish after that.
    Would the anti immigrants still be able to use our forum and make posts to tease us?
    And most importantly do I have start monthly subscription again to gain access to this forum? If yes, Can I just restart my $20 monthly subscription?



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  • desi485
    11-08 05:02 PM
    Chandu,

    Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.

    I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.

    this is quite interesting and a big relief if true.

    Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)

    I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.

    "An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."




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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.



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  • cnag
    01-07 04:07 PM
    I closed on dec 27. Underwriter asked me about green card. I just sent EAD copy front and back as well as AP and explained to him that EAD is like learners driving permit that is issued when your GC is under process. :D




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  • chanduv23
    09-12 01:44 PM
    At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?

    Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.



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  • chakdepatte
    01-07 09:43 AM
    Approach ur credit uniion. they will eventually sell ur loan to BAC or the big banks.
    my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.

    I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.

    on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.

    God be with you.
    -Oye Chakdepatte




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  • sampath
    04-25 01:38 PM
    The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.

    This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..

    Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.



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  • smaram1
    03-06 03:51 PM
    LUDS's on 3/5 and 3/6 for spouse and myself...atleast some one is having a look at documents ..that's a good sign....




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  • pappu
    07-24 11:14 AM
    john2255, pls update your profile with full information. We do not encourage or answer anonymous posters or emails.
    Do not start an action item on your own. Consult us before posting any such message so that it is aligned with IV work.



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  • ramkigr@hotmail.com
    04-17 09:58 AM
    HSBC denied my refinance application because of EAD status. They said EAD is not one of the statuses they accept. They needed either H1B or GC status. I lost my $325 rate locking fee, not sure what else my real estate attorney is going to charge me because of this denial. I am in the process of talking to other banks.

    Hope this helps someone not to loose money.




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  • Mayday
    04-03 03:59 PM
    I am on OPT right now & my wife is on F-2 visa. We went to New York DMV to get her learners permit. They wouldn't allow her to get the permit as the school on I-20 is not in New York. Its so weird. They gave me NYS license due to my EAD card, but they say they cannot give her the license as the I-20 has to show the school in New York State. Anybody here has any recommendation??? Has anybody on F2 with I-20 from a different state gotten drivers license in New York??

    TIA

    Talk to a manager in that department.

    Does your wife go to school? Why does she need to be on F-2? Why don't you want to change it to H-4?




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  • NKR
    06-10 11:29 AM
    Drunk With ImmigrationVoice. :D

    Good one :)




    ingegarcia
    06-18 01:05 PM
    Is your case being audited?




    pappu
    12-16 03:37 PM
    I'snt tracker broken (Sorting by PD ) for some time now.

    We will improve it soon. But the data is still useful.



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