Friday, June 24, 2011

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  • ash0210
    06-05 02:43 PM
    You will get EAD immaterial of I-140 approval...I got my EAD approximately in 3 months & my I-140 was approved after 9 months after filing ( this 9 month includes one RFE on my I-140)..

    In short, You/your son will get EAD immaterial of your I-140 approval...

    I am talking to my immigration attorney right now to get all paperwork filed concurrently.
    My attorney say's EAD's are generally approved within 90 days. Will that be before my I-140 is approve or doesn't that matter?

    Regards to all,
    Bodran




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  • WeShallOvercome
    06-18 07:09 PM
    contributed $50 via paypal




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  • a_paradkar
    07-14 01:39 PM
    Done.




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  • Libra
    09-29 12:04 PM
    only option is they can hire some people to process application on temp basis.

    and the last recapture was a bill that was passed in congress.
    efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?



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  • Ann Ruben
    05-14 04:53 PM
    I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.




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  • rb_248
    01-06 09:13 AM
    His speech was contradicting at some instances. However, what I could conclude was that Indian and Chinese workers can be trained well and are more flexible than American workers. If you listen the speech again with this trainability factor (which he did not consider in his study), his contradicting assertations makes sense.



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  • eb3_nepa
    07-14 06:22 PM
    Silly question but I need an answer :)...How can I use Bill pay here? I bank with BOA and it asks for a company name if I choose bill pay...

    The company name can be Immigration Voice. Normally you do not need an account number per se, although you COULD try and put in your IV handle as the acct number if it allows non numeric characters in the acct number.

    A lot of people have used BOA, can someone guide zoooom please




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  • Pallavi79
    09-14 01:20 AM
    stop fighting just for yourself. fight for the community and get your GC on the way.



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  • darslee
    07-07 12:31 PM
    Interesting....Our new attorney thinks we have a really strong case too...:)




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  • rameshk75
    01-09 03:00 PM
    The status of AP seems to be changing practically everyday. The message (document mailed) first appeared on Jan 7, Then changed to Jan 8 with same message and today I see a date change in my portfolio (last updated section). Not sure when the document will actually get mailed...

    Even i had two LUD's on 6th and 7th !! Don't know what is that !!



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  • chanduv23
    05-14 09:38 PM
    Here is the scoop.

    from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.

    Liaison confirmed the following:

    1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy)
    2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
    I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.

    3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.

    4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)

    Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor

    Unanswered questions:

    1. If the Liaison can see that my I-140 is approved on 09/04/2009, why is that the adjudicating officer is responding with a denial on 09/04/2009 and subsequent denial of I-485?
    2. Are they both not looking at my information with same interface?

    Conclusion:
    Atleast in my case it looks deliberate and intentional.

    I guess you are now happier than before. You are close to getting your issue resolved.

    No one knows why people who are eligible for AC21 portability are going through this.

    When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.

    Many people have said that this is a training issue. maybe it is. We don't know




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  • gc_on_demand
    04-30 03:14 PM
    Hahaha... Oppenheim just got caught in his words by that guy ... yoooooo!

    can you share more detail on that incident ?



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  • lonedesi
    08-06 09:24 AM
    Diptam, thats a tricky situation. I am not so well versed to know if Ombudsman's office will accept the form without employer's signature. let me check with few attorney's and the IV core group and get back to you.




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  • chanduv23
    05-14 05:01 PM
    Do you mean to say, the employer just sends a letter with a signature and LIN numbers to revoke and USCIS revokes them?

    In that case does USCIS send a confirmation of revocation of all the requested LIN numbers to be revoked? Or it is just a one-sided handshake?

    Yes, I think it is just a letter.

    Just like say, you do not want your Green card - you send a covering letter to USCIS and enclose the green cards. They shred the cards and process the letter update their records.

    You can also send a letter to USCIS to withdraw your 485 - they will be happy to do so.

    My dad had a expired green card (in the 70s) and recently when he went to consulate to get a toursit visa - he presented his expired green card (30+ years old) and they took him aside and completed some paperwork and took the expired green card and said they gonna process the return of expired green card - this is normal paperwork and procedure they follow.

    What baffles me is - they follow all the laws perfectly - but when it comes to beneficiaries, we see all sorts of issues? I really do not think it is a training issue - this could be something else - maybe I am just speculating



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  • chanduv23
    05-19 10:39 AM
    ANOTHER UPDATE

    soft LUD on my second MTR for 05/18/2009
    soft LUD on my I-485 for 05/18/2009

    But the content remains the same:

    as "Case received and pending" on my second MTR
    as "Denial Notice Sent" on my I-485

    Chill. Your case has been reopened. If you are really worried, take an infopass and talk to an IO. They will fill out a case sheet and give you the status.




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  • texanmom
    09-12 01:35 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....



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  • paskal
    08-01 11:24 PM
    Hey all,

    hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.

    folks,

    i'm not a techie either, but creating a blogspot is very easy
    the site is practically pre made
    you just choose your templates and features
    try it.. we would be happy to carry a link to "iv-schedule a" on the physicians blogspot




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  • greyhair
    04-29 04:06 PM
    Just called Scott Brown and Senator Greg. The person who picked up the phone in Scott Brown offcie noted my name and address. He said he will give my message to the Senator. The lady in Judd Gregg office said that Senator has not yet decided on the immigration proposal but she said the Senator appreciates the call. She did not ask my details but said that the Senator has supported immigration bills in the past. They both sounded very positive.

    Printed out the post and I will continue to call all Senators.




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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




    Keeme
    03-04 12:46 PM
    Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.

    I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.

    I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.




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    07-12 10:20 AM
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