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  • answers_seeker
    07-18 01:13 PM
    I am not sure if that is going to be an advantage since my PD was not current in JUNE

    For all practical purposes, the date on which it was recieved is your RD=> Receipt Date. The postmark date has no relevance except for records unless USCIS explicitly states so ( which it did once in 2001 http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=89a5f3cee754ad0499e55e731191f 360).
    485 filings are strictly Receipt date. I am still searching for the uscis link and will post one as soon as I find one.




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  • jp_blr
    06-19 03:58 PM
    Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time. 

    I have few more questions..

    1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?

    2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.

    Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
    So far, does it sound correct ? If not, please correct me..

    If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.

    Any thoughts?

    There are so many stages where you can apply the breaks. Like if you get your FP too soon..you can reschedule the date or even withdraw the I-485 application later. Other option is to convert to CP. There are so many options and talk to your attroney.

    I feel you should file now, try to do civil ceremony done in india in 30-45 days so you are safe.




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  • needhelp!
    12-03 02:00 PM
    I agree with this, we should definitely do this.


    Since IV has contact e-mails for all its members, it can also send periodic e-mails on its activities, funding drives, recent achievements and ask for the members to contibute. This will be helpful for those who dont visit the site very often. For Example, recent update given by pappu inspired me to sign up for monthly contribution. But that would happen only if i visited the site very often. I would have missed it if i am not a regular visitor to the site.




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  • ronhira
    01-11 02:38 PM
    I'm not sure if anyone knows but that is what Ronhira does. Hijacking the topic, calling everyone anti-immigrants is his forte'.....don't waste your time in replying to him.

    Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.

    thank u thank u thank u..... please pray for me..... it might work where dos has has failed since sep-09, just 19 days away..... i promise to not bother u after i get my gc.... did i rub u the wrong way in the past



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  • HRPRO
    03-29 04:24 PM
    @vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

    @bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

    Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

    If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done




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  • mhathi
    09-17 11:20 AM
    seeing more and more members coming... hopefully that means the house session is ending soon



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  • Bokke
    06-20 05:40 AM
    I think it ends like tomorrow... or something... not sure.

    - Entries are to be posted in this thread by 20th June 2005

    so it ends today huh ?




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  • psk79
    07-18 12:24 PM
    Mine.
    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 10.30 AM
    Service Center: NSC
    Rejected: Don't Know



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  • canleo98
    03-22 03:10 PM
    I had posted the same thing for your question on immigration portal too.
    My personal experience, united nations in immigration portal is your best choice.
    He deals with such cases on a regular basis and has helped me too.

    If you want to talk about my experience, please send me a private email.

    Hi Prasad,
    Can you respond to my PM or can you give your email id so that I can contact you?

    Thanks




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  • amitga
    02-01 02:03 PM
    In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.

    Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

    Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

    In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

    Substituted labor has further added to this problem.


    H1B problems have nothing to do with retrogression.

    If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?

    Nothing.

    Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.

    But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.

    At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.



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  • hopefulgc
    08-19 04:42 PM
    You have to have security clearance before you can do that.
    Pretty much like you have to have citizenship before you can vote.

    http://en.wikipedia.org/wiki/Security_clearance

    Reality check: most naturalized citizens will never clear Level II



    There are LOT of differences. [/COLOR]
    1. Visa free travel to many countries
    2. No need to maintain GC status, even if I spend >1 year out of US
    3. Can work on jobs that require Security Clearance
    4. Can sponsor GC for Parents/Siblings
    5. Be part of School PTA
    !




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  • diptam
    05-24 01:39 PM
    Guys , I want to setup a poll for finding out how many of us would leave US if this bill passes w/o our provisions....how to setup a poll ...can some one set it up..

    Say how many will be Forced to Leave after it passes ??? Remember we are kicked out now -- we will circle back with them after 3-4 years at low cost high tech hubs like Bangalore/Shanghai !!!!



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  • sunny1000
    05-23 04:19 PM
    please keep calling and don't get distracted. We have 2 CHC members on board. The more the calls, more CHC members we can bring on board for these bills. So, please call.




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  • geevikram
    06-05 11:33 PM
    Please call all of them. It took me only 10 mins.



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  • shukla77
    03-11 10:49 AM
    But Mr Sanju you do use foul language towards other members.Sometimes your comments cause admin to close the thread. Remember the reponse you gave to Mirage for his post regarding calling senator for country cap. You need to show some control over your emotions and excitement.

    And you dont have to respond to every single post with your EXPERT comments





    I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.

    .




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  • unitednations
    03-31 12:28 PM
    UN,
    I don't mean to embarass you or make you feel awkward by thanking you every time you post, but the excruciating detail that you get into, in your posts, to back your statements never ceases to amaze me, and I know I speak for a lot of people here.

    That being said, if I may bother you with one more question.

    Lets assume that the 140 is revoked right after the employee leaves, and the employer had 100% abilitiy to pay the employee until that moment.

    6 months after the employee left, and after the 140 was revoked, the employer gets an ability to pay RFE on some other pending or unrevoked 140 of theirs. In that case ,can the 140 that was revoked 5 months ago be in danger?

    Of course, this is assuming that all AC21 memos till date are considered binding, and no memo changes to AC21 have happened.


    USCIS uses three criteria in deetermining ability to pay;

    1) net income is more then labor wage
    2) net current assets is greater then labor wage
    3) person is getting paid labor wage from date of filing labor

    #3 is the only one that does not have dependency on employer financials and the # of filings that a company may have done. If person wasn't getting paid labor wage from date of labor filing then dependency is on company financials and if there is adding up together then there is issues.

    If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.



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  • vandanaverdia
    09-11 11:58 AM
    Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
    Help IV help you... Come to DC!!!




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  • sobers
    02-22 12:31 PM
    Whether it is logical or not, whether we like it or not, the issues of illegal and legal immigration are intrinsically tied up (to the disadvantage of skilled workers, of course:-()

    Anyhow, this appeared in today's Wall Street Journal...it may forbode a taste of things to come..or not come..this one focusses on the DREAM Act which is geared to provide in-state tuition to illegal immigrants..

    ---------------
    Should Illegal Immigrants Get Tuition Help?

    States' Varying Stances on College-Education Benefit Illustrate Congress's Overhaul Task
    By JUNE KRONHOLZ
    February 22, 2006; Page A4

    WASHINGTON -- An emotional state-level dispute over college tuition shows how tough it will be for Congress to overhaul immigration laws and extend citizenship benefits to the country's estimated 11 million illegal immigrants.

    Four years ago, California passed a law granting in-state tuition to students who were in the U.S. illegally but had graduated from a California high school. Eight other states followed, allowing illegal immigrants to attend public colleges for in-state student fees -- usually less than half what out-of-state students pay.

    DiAnna Schimek, a Democrat who heads the Nebraska Senate's education committee, says she has pushed for an in-state tuition bill for illegal immigrants as a matter of compassion and economic calculation. "These children didn't bring themselves" but were brought by their parents, she says. "It's only a good investment on our part to make certain they are productive citizens."

    But attitudes have been hardening as an estimated 400,000 illegal immigrants flood in yearly. "That's an alarm to the people here ... it's a drain on the economy," says Rep. Glenn Donnelson, a Utah Republican who heads an education committee in his state.

    So while some legislators want to extend tuition benefits to illegal immigrants in their states, others are calling for laws to deny the benefit -- or take it back.

    Lawmakers in Utah, Kansas and New Mexico -- which passed in-state tuition benefits only two or three years ago -- now are waging uphill fights to repeal them. Massachusetts legislators last month rejected a bill to offer in-state tuition benefits to illegal immigrants.

    Six states are considering measures that would deny in-state tuition, tuition waivers or state scholarships to illegal immigrants. In New York, which offers in-state tuition to illegal immigrants, and Virginia, which recently passed a law offering benefits to some, bills have been introduced to bar illegal immigrants from attending public colleges.

    Meanwhile, lawsuits challenging in-state tuition for illegal immigrants have been filed in California and in Kansas. "There's something wrong with giving a benefit to an illegal that we don't even give to citizens of other states," says state Rep. Becky Hutchins, a Kansas Republican leading a repeal effort there.

    The tuition laws generally require illegal immigrants to have attended a local high school for three years, to have graduated or earned a high-school equivalency and to sign an affidavit promising to legalize their immigration status as soon as they are eligible.

    Promoters expect few students to actually take up the benefit. Dropout rates are high and academic scores generally are low among Hispanics, who account for the majority of illegal aliens. And even in-state tuition, which averages about $5,500 this year, may be out of reach for children whose parents typically hold minimum-wage jobs.

    Kris Kobach, a University of Missouri law professor who brought a federal suit against the Kansas program, says 221 illegal immigrants are enrolled in Kansas public colleges this year, and that even when the benefit becomes widely known, the number probably wouldn't exceed 2,700.

    Even so, in-state tuition laws have become flashpoint among some voters who feel they haven't any other way to protest illegal immigration. Federal laws allow illegal immigrants to use emergency medical services, and a 1982 Supreme Court decision entitles their children to public education through high school.

    Rod Adair, a New Mexico state senator who introduced unsuccessful legislation to repeal his state's immigrant-tuition benefit, says he was acting "in response to my constituents. They're frustrated."

    Prof. Kobach's suit contends Kansas's in-state tuition benefit violates a federal law that prohibits states from giving any benefit to an illegal alien that they don't also extend to all U.S. citizens.

    Among his plaintiffs, Heidi Hydeman, an Iowa native, says she was charged out-of-state tuition by the University of Kansas, though she lived in Kansas for six years and paid Kansas income tax for three years while attending the school. "I thought it was unfair," says Ms. Hydeman.


    Mr. Donnelson, the Utah legislator, says Utah would face a $34 million bill if a similar suit were filed there, and current out-of-state students were refunded the difference between in-state tuition and the nonresident tuition they pay.

    But legislators' doubts go beyond that. Although illegal immigrants who get the tuition benefit pledge to legalize their status, there is almost no way they can do that under current laws. And even with a college degree, there is almost no way for illegal immigrants to legally get a job.

    For years, congressional supporters have promoted a measure, called the Dream Act, that would clear up those problems. States would be allowed to offer in-state tuition to illegal-immigrant students who, in turn, could become citizens.

    In 2003, almost half the Senate cosponsored the Dream Act. But the Dream Act's prospects have faded, and this year its pivotal supporter, Utah Republican Sen. Orrin Hatch, withdrew as a sponsor. "Realistically, the Dream Act will not pass" and should be included in an overhaul of immigration laws, he said.

    But the tensions fueling opposition to in-state tuition laws are the same ones making it hard for Congress to pass immigration overhaul. A coalition of pro-business Republicans, Democrats, immigrant-rights groups and labor unions wants new federal laws that would let illegal immigrants eventually become citizens.

    They are being stymied, however, by social conservatives, who worry about being culturally overwhelmed by immigrants, and by Republican national-security hawks, who are demanding that Washington cut off illegal immigration first. The tension prevented the U.S. House from taking up immigration overhaul last year, and is complicating the Senate's efforts to pass it this year.

    Write to June Kronholz at june.kronholz@wsj.com




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  • fasterthanlight�
    06-22 01:33 PM
    If ben doesnt do something today, i might just have to go ahead and start the poll myself.




    gc_check
    04-19 11:51 AM
    Dear Friends,

    Got Green cards and Welcome notices for me and my wife .
    Surprisingly no uscis e-mail and online status is still "initial review"

    Our journey in short :

    How long in US : 10+ years

    First Labor in 2002 . Changed job in three years before approval of labor
    Second Labor in 2004 . Approved in 2007
    Filed I140 and 485 - in July 2007

    Since then I was enjoying EAD / AP with no complain .

    I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
    From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
    My Lawyer told me that I can port to EB2 and it is a normal a process.

    1. New Perm
    a. Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
    b. Requirement : 4 years Engineering + 5 years minimum experience

    2. EB2 I140 (TSC)
    a. Filed in March - Premium Processing
    b. My Lawyer sent interfiling letter along with I140 filing
    c. Approved in 7 days (A# and Priority Date retained)
    d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
    e. No email and no updates on USCIS website

    Not sure about the USCIS and Lawyer fees . My company paid for every thing.
    Hope every one get the desired freedom asap and don't have to wait like me for 10+ years

    Wish you all the best ......to everyone who is waiting for GC.


    Thanks,
    Jimytomy

    Congrats for getting GREEN CARD. Good to see another old PD (EB3) person getting greened. Looks like the upgrade route worked in your case.




    chanukya
    02-06 10:37 AM
    Though they run for non-profit.

    So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.

    School is non-profit organization that is exempt from H1B quota. Correct me if I am wrong.

    You can get H1B at any time if school is exempt from H1B quota.



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