Thursday, June 16, 2011

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  • boreal
    02-05 06:28 PM
    Can you please let me know if you received my email.

    wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...

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  • TexDBoy
    06-16 05:57 PM
    If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.

    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.

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  • InTheMoment
    06-09 12:52 PM
    I would love to believe that - some predictabilty in the assignment of files to AIO's - but that is certainly not true atleast from what we see from data !

    Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
    Example: Sept 2003, before Oct 2003,....So they are assigning earlier PDs Visa numbers first.
    Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
    This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

    India EB3- PD: June 2003
    Contributed $480 + Monthly Recurring contributor.

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  • sats123
    03-11 01:29 AM
    My AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.

    Did any one lost AP in mail, did any of you refile again.


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  • vinay076
    10-31 10:27 AM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:

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  • eb_retrogession
    03-25 06:41 PM
    I've sent this writer some facts and figures, and apprised him of our efforts as well. Hopefully he'll respond.



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  • pd_recapturing
    11-01 07:42 PM
    This news might not be directly related to our cause but its very much relevant. Here also, they can come with similar results saying that out of all the IT jobs in US, x % have been gone to immigrants where x > 50. Opponents of our cause may use this gainst us.

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  • amitga
    04-28 03:20 PM
    Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (


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  • walking_dude
    11-21 11:33 AM
    You are probably refering to Cubans in Cuba and their leader Castro.

    I'm refering to Cubans in Florida who are a solid 'vote bank' for Republican Party. They have even become Senators and Congressman, without sacrificing their Cuban heritage.

    No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???).

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  • Robert Kumar
    01-03 08:51 AM
    SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

    Thank you.

    So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
    And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
    My EB3 will take some more time.


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  • ronnie0479
    07-10 06:24 PM
    On June 9th, CIS provided the required data to VO. ????

    I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.

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  • vikrantp
    01-22 09:17 AM
    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.

    Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?


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  • ras
    04-03 11:12 AM
    I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

    It might also help to give a reason as to why you were late in responding.

    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.

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  • krishna_2001
    01-13 07:19 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation


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  • xbohdpukc
    03-15 05:17 PM
    As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.

    As per Adjudicator's Field Manual:

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.

    The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.

    You can always hope for the best and get ready for the worst.

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  • roseball
    04-03 09:13 AM
    You can get a 3 yr extension. However, if you happen to go for stamping, I would advise to get it done in your new PP, if possible. Depending on which Indian Embassy's jurisdiction you fall under, you can apply for PP renewal within 1 year to 6 months of your PP expiry. Note that the renewal process might take anywhere between 4 - 8 weeks.


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  • dummgelauft
    04-14 10:04 AM
    Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.

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  • gcdreamer05
    04-17 01:17 PM
    Yes, absolutely.

    Hi Attorney Aruben,

    Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

    This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

    If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

    We really appreciate your time and effort for replying to our questions on this forum.


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  • belmontboy
    10-27 05:01 PM
    Guys, things may not be great, but you know what - "what does not kill me only makes me stronger" - Friedrich Nietzsche

    Hope this diwali bring great things for us.

    07-09 11:37 PM
    I am in the same boat..
    If we have a gap between the expiry and new EAD card,
    we should not work thats for sure,
    but wont have any issues of going out of status during the gap?

    07-11 06:28 PM
    the bay area.

    - SFSU
    - SJSU
    Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.

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