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  • Suva
    07-19 02:30 PM
    I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.

    Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.




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  • khukubindu
    01-03 12:33 PM
    Hello,
    We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.

    I need to travel in January. Does anyone has the same situation ? Has anyone have any idea about what type of background check they are doing and how long it will take to complete ?




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  • eb3_nepa
    07-14 03:14 PM
    Just dropped a check for $5. I hope all of the remaining members do the same.


    Mailing a check is just as good as a bill pay.

    For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:

    1) Actually write out a cheque
    2) Spend money to post it (and take the extra effort to mail the cheque out).

    Keep the contributions flowing.




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  • pappu
    02-09 08:40 PM
    Thanks Pappu. I have scheduled next conf call for Friday, 2/9 at 7.00 PM PST. Call 641-297-5900 PassCode 562404. Would you care to join?
    I am joining.



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  • gccube
    07-19 02:29 AM
    I personally believe that PD is more significant than the RD but it makes sense to me that RD may take precedence if the PD is current (as suggested by some members of the forum).

    But if we think that at all times RD is the order they process them what would happen in this scenario

    1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.

    2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.

    3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.

    4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.

    5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.


    Thanks everyone for your inputs.




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  • GCwaitforever
    01-13 04:19 PM
    Still waiting for labor clearance.

    Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)



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  • nixstor
    04-30 03:16 PM
    Who is this rep from Chicago? Is that Guiterrez. Ripping apart King's argument.




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  • Suva
    07-19 02:30 PM
    I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.

    Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.



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  • ramus
    09-09 09:49 AM
    Thanks for both, contributon and coming to rally....

    My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
    C U Guys!.




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  • senthil
    07-23 06:12 PM
    couple of my friends who had PD's 2004 feb and april
    EB3 india too got their I-485 approvals last week.



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  • sweet23guyin
    11-29 11:47 PM
    Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?




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  • gc_kaavaali
    07-14 05:53 PM
    Come on guys!!! please contribute for good cause.



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  • desi485
    11-24 05:34 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??

    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(




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  • pbojja
    09-11 05:17 PM
    What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.

    Just a thought.

    I think they will improve the communication between USCIS and DOL . Dont you think it unjustice for 2003-2005 PD holders when they move dates to 2006 and approve 2006 cases ? cant they just move it to 2005 and say approve as many cases as possible for them ? why approve 2006 cases .

    Yes focus on HR 5882 is very important but nothing wrong with this campign either ....Just my thoughts



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  • chanduv23
    10-21 05:00 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.

    Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.




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  • GCKaMaara
    10-27 07:43 AM
    Good job GCWonder & cnachu2.

    I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.

    ItIsNotFunny, thanks for reminder.



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  • villamonte6100
    04-01 02:38 PM
    Guys don’t presume you don’t have rights for this and that. late in spring of 2005 I had a meeting with my state’s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask…

    I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.

    You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.

    Even with GC your rights are still not as good as a US citizen.

    Yes we do have rights.

    But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.




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  • harivenkat
    08-13 10:52 AM
    as the least consolation.... h1b should get free passes to see demo of those unmanned aerial drones.... :D




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  • santb1975
    05-28 09:52 AM
    we are losing momentum. Aren't we?




    GCAmigo
    02-23 07:18 PM
    What is LUD

    Lost Until Death!

    ~GCA




    boreal
    08-24 12:42 PM
    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

    I dont have any opinions on the main topic here - just wanted to chime in on this one...
    Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...



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