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  • priti8888
    07-23 03:30 PM
    my PD were current in 2005.

    One thing is confirmed:
    When PD are "current" they approve cases based on RD.
    My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth.




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  • isedkeem
    03-06 10:11 AM
    Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
    If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
    Good luck!

    Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.

    It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.

    We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.

    If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?

    I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.




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  • mango_man
    06-11 04:53 PM
    Anybody wants Indian mangoes?




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  • gondalguru
    07-20 11:53 AM
    So maybe the H-1B provision killed it??
    .

    Thats what I think.

    Any amendments that contain provisions to increase H1b quota will have very tough time to get through.



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  • bp333
    03-04 06:31 PM
    You can check status of your case on line:

    https://egov.uscis.gov/cris/jsps/index.jsp

    It will show you "Last Updated Date". Soft LUD means status of case is not changed but they updated LUD, virtually means they touched your file.

    Appreciate your prompt response.




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  • Miya Maqbool
    09-10 03:32 PM
    HI Pappu,
    PLease post the total amount received end of the day on the web site....
    Hopefully we will exceed the required amount....
    Go IV!!!



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  • mw_immi
    01-07 07:26 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

    Did you close with BOA?




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  • CADude
    07-26 04:47 PM
    Read Section 6 of SOP [first para]. Please don't guess. As explained by many it's combination of RD and PD.

    I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".

    Any suggestions??



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  • fromnaija
    01-10 06:23 PM
    I came here at an old age compared to most of you on this forum. Now I have two kids in college and a third one waiting to enter next year. This is my sixth year here and I have no immediate plan of returning to my home country.
    Having a GC will ease the financial burden of seeing my kids through college. Thereafter, we plan on starting a family business that will export technology to my home country (all my sons are studying computer engineering) where opportunities are increasingly available for such ventures.
    My wife and I plan to retire and go back home (by which time I hope we would be US citizens). Towards that end we are building our retirement home in Nigeria. As for my sons, I have given up hope that they will ever return to Nigeria to live!
    I have two brothers who are already US citizens and have filed for our parents so I don't miss being with my parents as they come and go as they wish.
    So to me, the value of the GC will be to eventually get US citizenship, retire and be able to get my social security and medicare and finally go back home with the ability to visit my kids and grand kids in the future.




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  • learning01
    04-25 05:33 PM
    Employer-> Job -> No candidates -> H1 visa -> H1 candiate
    OR
    H1 candidate -> H1 visa -> Employer -> Job -> No Candidate

    You are turning the basic premise upside down. H1B transfer becomes a reality.
    Rather, you should ask, employee-petitioned H1 transfer in adition to Employer-petitioned H1 transfer. What say you?
    Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
    Ans 2) It should be applied to new AOS applications only.



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  • manderson
    09-18 08:52 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.




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  • eastindia
    03-06 09:32 PM
    Heres the sliver lining of all this immigration mess. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?

    Seems to me that Gita is your GF/Wife .......?

    This is corrupt thoughts about spirituality just like modern day sadhus who sleep with GFs and make tons of money for themselves. If you really care about Gita and spirituality what are you doing here chasing dollars. You should be back in India and live a true sanyasi life.



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  • engineer
    06-03 01:57 AM
    IV Core,

    What is IV's position on ammendents for people who have filed PERM only and have not filed I-140 yet.

    There shall be an ammendement which allows these people to keep using old system(EB) to get their green card.

    It is totally un-fair to null and void their application and get them into new point based systems and force them to face long delays.

    Please let us know.

    thanks,
    engineer




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  • Green.Tech
    06-02 04:46 PM
    Wake up people!



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  • baburob2
    03-15 06:25 PM
    Overall no big progress w.r.t our title's though Brownback's comment on immigration numbers is good.

    Senate Judiciary Committee Continues Slow Progress in Markup of Immigration Reform Legislation
    Cite as "AILA InfoNet Doc. No. 06031540 (posted Mar. 15, 2006)"


    The Senate Judiciary Committee continued its consideration today of draft legislation on comprehensive immigration reform sponsored by Senate Judiciary Committee Chairman Arlen Specter. The Committee officially took up the bill, known as the �Chairman�s Mark,� on March 2 but has made very slow progress to date.

    The following is a very brief summary of the amendments that were addressed during today�s session. See our previous update on last week�s markup sessions. We will continue to update you as action on the bill continues.

    1. The Committee passed by a voice vote a compromise amendment by Feingold that would preserve some level of judicial review over naturalization applications.

    2. A Specter 2nd degree amendment to a Sessions amendment on evading inspection passed.

    3. A Leahy amendment on security-related issues passed by voice vote.

    4. A Kennedy amendment to ameliorate the Mark�s retroactive provisions was debated and deferred.

    5. A Feinstein amendment to modify the provisions of the Mark relating to border security was deferred for future action.

    6. A Durbin amendment to strike the Mark�s criminalization of unlawful status was once again deferred for future consideration. Feinstein attempted to offer a 2nd degree amendment that would provide aliens with a 60-day grace period for visa overstays before they are subject to criminal prosecution under INA � 275(a), but Specter would not allow it since Durbin�s underlying amendment was set aside.

    7. A Durbin amendment to ameliorate the Mark�s smuggling provision so as not to criminalize humanitarian assistance was once again debated and deferred. Kyl spoke in opposition to the amendment. Cornyn had a second degree that Hatch thought was insufficient. Hatch, Schumer and Biden spoke in opposition to Cornyn�s 2nd degree. Cornyn was not convincing, but Kyl did some damage.

    8. A Sessions amendment to affirm the inherent authority of state and local law enforcement personnel to enforce federal civil immigration laws during the normal course of carrying out their duties was discussed. Specter offered a 2nd degree that would limit the inherent authority of states and localities to the enforcement of the criminal provisions of the immigration laws. Sessions would only support the 2nd degree if the provisions of the Mark criminalizing unlawful presence remain intact. Thus, if the Durbin amendment to strike those provisions passes, Sessions wants to revisit the Specter 2nd degree. Specter�s 2nd degree passed by voice vote.

    9. A Sessions amendment that would require the Secretary of Homeland Security to provide information to the National Crime Information Center (NCIC) related to aliens who may have violated certain immigration laws passed by a voice vote. The broadly worded amendment would encompass visa overstayers, other civil violators, and even members of vulnerable populations such as asylum-seekers who are improperly documented but seeking relief. Leahy and Kennedy voted against the amendment and Leahy spoke in opposition to overloading the NCIC database with individuals who do not belong in it. A Specter 2nd degree amendment that would provide a procedure for requesting removal from the database and modify the group of individuals included in it passed by voice vote.

    10. A Sessions amendment that would require at least one law enforcement agency in each state to enter into a � 287(g) cooperative enforcement agreement to enforce immigration laws against alien smugglers was considered. Sessions accepted a Coburn 2nd degree amendment that would clarify: (1) that such agreements would be purely voluntary, and (2) that the �287(g) enforcement authority would not be limited to alien smuggling. There was no quorum to vote on these, however, and they were set aside.

    Part way through the markup, Specter attempted to jump to a debate on the issue of the undocumented population, noting that he has reiterated to Senate Majority Leader Frist that he (Specter) opposes bringing immigration reform to the Senate Floor before the Senate Judiciary Committee had completed its consideration of the Chairman�s Mark. Biden and Kennedy voiced their support of Specter�s desire to complete work in Committee. Kennedy added, �this issue is NOT going away, like some other issues,� and urged deferral of the Title VI discussion until tomorrow (Title VI contains the provisions dealing with the undocumented population). He added that we need to deal with ALL aspects of reform to have real, lasting border security�going forward with any of these components alone will fail.

    Durbin said that, to defeat the House bill (H.R. 4437), the Committee needs to pass a strong bipartisan bill with the support of about 12 members. He feels the Committee should do an extra markup session on a day when there is no other Senate business. �We need to watch the House,� noted Durbin, adding: �They have a bill we need to fight at all costs. We need bipartisan support out of this Committee.�

    Brownback stated that the Committee has started a process to create broad bipartisan support for good policy, and that this is the most significant legislation of the year. �We have serious problems with immigrant numbers,� he said. �We can�t live with these and need to change them. McCain/Kennedy would deal with this. How do we get the Mark to deal with these numbers? We need a way NOT to end up here again after 10 years. We can�t move too quickly.�

    Cornyn described the process as akin to �digging out of a big hole,� noting that with enforcement done first, other issues would get simpler. He believes we need to impose circularity---not permanent immigration.

    Coburn said that, like it or not, we have to deal with issue of the undocumented population. He urged the Committee to split the bill in two and do enforcement first, and work to reach consensus on other parts later in the year. �No one in the country trusts us on this issue because we haven�t enforced our existing laws,� he said.

    Feinstein stated her concerns about the process, and also spoke out against comprehensive immigration reform and in favor of her more limited agricultural pilot program idea. She said she had met with Senator Craig (the sponsor of AgJobs) yesterday to see if they could work out their differences but there has been no resolution yet. She also expressed much frustration with Frist�s artificial timeline. She indicated her opposition to the House bill, and said that consensus was needed in the Committee (she believes the Committee has come to some consensus on the enforcement pieces but little else). She urged Specter to go back to Frist and ask for more time.

    Sessions said we need to focus on enforcement now, and then have a national discussion later on the other elements of immigration reform. He believes Congress needs to focus on enforcement to build credibility with the public. �I�m not prepared to repeat 1986,� he said. �We should slow down.�

    Specter repeatedly voiced his concern about �line-jumping,� arguing that the McCain/Kennedy bill would �leap frog� the current undocumented population over individuals who have been waiting in the backlogs. He also said that he�d prefer it if the legislation contained a path to citizenship but, as Chair, was trying to balance both sides.

    In other hurdles to the Judiciary Committee�s completion of work on the bill, Senate Finance Committee Chairman Grassley, who is also a member of the Judiciary Committee, argued that the Finance Committee should have jurisdiction over the provisions of the Mark relating to the Social Security Act, adding that the IRS has raised serious concerns about some of these amendments. However, several other senators argued for consideration of these provisions in the Judiciary Committee. It is also possible that Grassley could exercise the Finance Committee�s authority by managing those amendments during floor debate.

    The Committee disbanded about noon, due to a number of votes on the Senate Floor and the attendant low probability of maintaining a voting quorum in the Committee.

    http://www.aila.org/content/default.aspx?docid=18835




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  • forever
    07-23 03:38 PM
    It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)



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  • Wendyzhu77
    07-22 03:00 PM
    Just don't understand why people are still arguing about the number. The cold hard fact is: uscis processes 1M~2M EAD every year in the past few years. Please refer to one previous post for this info. With this existing load and the existing work force to handle this load, even 750K new application wouldn't be a overwhelming load, say, original 2 months waiting to now 3 months waiting.
    Also, even this 750k new EAD number is questionable, as lots of people already explained. E.g., before July 17, only 55k 485 were received in total. That certainly doesn't sound well to add up to 750k.
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)




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  • rfarkiya
    07-15 01:21 PM
    I am in San Diego.... I am in....




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  • bpratap
    05-18 06:28 PM
    My Loan is not Jumbo loan, its under 400K

    I don't have 20% down. But I was speaking to the Loan officer, he was telling, it doesn't matter if you put more down or not, 3yr forward continuous visa is req. I never heard this earlier.



    Jumbo loans are not getting approved for EAD status. Banks are rejecting Jumbo loans (> 417K) if your immigration status is EAD or AOS. I don't have any idea about normal loans (< 417K). But banks are giving Jumbo loans if the status is H-1B.

    But noone is rejecting loan, if your down payment is 20% of the value of the home.




    valuablehurdle
    06-21 01:16 PM
    My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.

    Labor filed: April 15th, '07 EB2 'In Process'




    NKR
    04-02 07:24 PM
    Well said. I also wonder how that fellow has 4 greens. Funny forum. No fairness.

    How do you rate a post?. How do you give a green/red?.



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