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Written By crewols on Wednesday, June 15, 2011 | 6:01 PM

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  • meridiani.planum
    03-07 05:32 PM
    Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.

    Employer still has two incentives to revoke I-140:
    * outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
    * leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.





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  • new_horizon
    10-19 11:46 PM
    I don't get it why our folks blindly follow the dems, and somehow think Obama is our savior when in fact it's contrary. Obama can talk so smoothly that you'll leave feeling that he's for you even if he was saying the opposite. Time to wake up and look at the facts. Go Mccain.





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  • Legal
    07-13 10:35 AM
    #67 Today, 09:28 AM
    alterego
    Senior Member Join Date: Jul 2006
    Posts: 460

    Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most.

    When a few IV members predicted the rapid movment of EB2 -I, they were dismissed as naive, and fantasizing. Yet, here we are with the EB-2-I PD current for June 2006. Lately, I'm having more faith in the philosophical statement -"The truth is unknowable". :) and having less and less faith on the speculations/ predictions of most IV members.

    Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.

    I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.





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  • crystal
    07-02 10:00 AM
    Currently Active Users: 1800 (489 members and 1311 guests)
    Most users ever online was 1,801, Today at 09:58 AM.



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  • nomi
    12-13 09:54 AM
    I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.

    But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.



    so let find out who is dead of department of homeland Security and get addresses , phone number and fax. USCIS is branch of DHS. That`s where we need to contact them and ask them what we THEY can do for us and what are our legal options

    please someone work with core team to get that fax letter ready. I can do that if core team allow me

    thx.





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  • GooblyWoobly
    01-18 12:53 AM
    xyzgc. I agree with your risk assessment personally. However, the risk aversion threshold is an individual thing. Some people never drive on the fast lane, and some people jump off a cliff tied to a rope. So, IMHO, it's unfair to say something is stupid and foolish. It's just that somebody might just like to live a little more dangerously than you are (and reap more benefits if things go well).

    IMHO, what is stupid is doing something and not knowing/understanding the risk. :rolleyes:



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  • nomi
    12-12 04:25 PM
    I read news on oh law firm few days back that USCIS is planning to abandon concurrent filing (I140 + I-485). So when USCIS has power to disallow that, then they may have power to allow file I-485 when visa not available. This is just my thought. Anyway it does not hurt to find it out from USCIS officials, rather than asking some lawyer or interpret our own.

    Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.


    I agree with you. Lawyer and Attorneys are not our friends. where will they make money once we get our green cards. We should direct meet with head of the USCIS. We are all legal here and pays our tax and playing important role in this country.





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  • rockstart
    03-12 08:36 AM
    To be able to use the AC21, should the I-140 be already approved for 180 days or more?

    No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.



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  • Slumdog
    01-22 04:17 PM
    JSB, I agree partially with your analogy on US & Japan�s Quality of life but that is a generalized statement. The meaning of �Quality of Life� is lost the day people started looking at their house as an investment.
    I also agree the quality of Life comes with a price. But not everything should be looked or compared monetarily. Back when I was kid, my Dad had a choice to send me to Govt School or Private school. Private school was expensive & he did pay price by sending me to private school, cutting most of his expenses because he wanted to give good quality of life for his kids. So for everything there is a Price to pay & what �price� means to you is again subjective. There is a lot of difference between Quality of Life & Enjoyment. If a person can only afford Honda Civic & he wishes to buy BMW X5 then he is doing that for his own enjoyment & NOT quality of life. I call it Stupidity. Buying a house (Affordable) with calculated risks is totally different matter & I will explain why on my next topic.

    Your Comment �where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly chooses to sacrifice his peace of mind for more material wealth� is purely your imagination except that I getup at 5:00 & go to work. I am almost done writing new topic �Why Non GC Holders buy houses?� & will be posting shortly. Watch out for that & may be you will find some answers.

    No Joke, I agree with you on considering the risks associated with quality of life.

    Saggi13, It�s sad to hear your side of story. However I did have a backup plan & reserves & I will be explaining my side of story in the above new topic. Don�t loose hope & you will be back in no time.


    ~ Slumdog





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  • willgetgc2005
    04-20 03:37 PM
    Hello,

    I can call right now. Please send me a PM

    __________________________________________________



    QUOTE=Administrator2]------------------------------------------------
    URGENT
    ------------------------------------------------

    We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.

    Thanks,[/QUOTE]



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  • pappu
    07-26 10:28 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez

    btw law states that domestic violence is a deportable offence. it is taken seriously by uscis. even convicted greencard holders are deported.





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  • tomchi007
    02-21 05:12 PM
    Pardon my ignorance and pls help me understand, how does PD impact the mass 485 applications sent July/August 2007?
    I thought the PD is only relevant for being able to apply for 485 and didnt matter if your 485 application had been received. Am I wrong?



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  • retrohatao
    02-14 10:23 AM
    eb3_nepa,
    FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
    http://immigrationportal.com/showthread.php?t=174845
    It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.

    You will realize how big a problem when you reach there.

    Logiclife,
    This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.

    There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
    Good luck if you guys think it is a "sub issue"





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  • like_watching_paint_dry
    04-06 11:10 PM
    If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.

    In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.

    No no. This is very true. This happened to my friend's friend.

    My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.

    IV should do something about this before too late! ;)



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  • inskrish
    04-10 09:36 AM
    Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need

    :)





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  • suriajay12
    04-04 08:59 AM
    immigration-law.com says:.. Please read the second part which is more relavant to us.

    04/04/2009: Congress Passed Concurrent Resolution, H. Con. Res. 93, to "Conditional" Recess Until April 20, 2009

    * The 111th Congress has passed most of key and time-sensitive bills in the first three months. The last important bill which the Congress passed was the Obama Administration's FY 2010 budget proposal. Both the House and the Senate swiftly passed the budget in the last two days. It is historical in that the single most hot button legislative bill is a budget for the government and it tends to drag the legislative process for months. This week's Congressional action on the FY 2010 budget recorded a history.
    * Having resolved most of hot botton legislations, yesterday the House and the Senate passed by unaimous consent a concurrent resolution to go into recess "conditionally" until April 20 for the Senate and April 21 for the House. "Conditionally" means when any hot issues develop, the leadership of the House and the Senate can always call back the Congress into the session during this period. Accordingly, unless such event develops, the Hill will remain quite for almost next three weeks in the legislative activities.
    * The members of the House and the Senate are returning to their neighborhoods to recharge their energy in their political constituency. This presents a golden opportunity for the pro and con immigrant advocates to work with the legislators to support their immigration agenda when they return to the Hill after April 20th. These legislators never rest. Recess does not mean that they can take a time off to enjoy sleep for extended hours or enjoy a vacation. In fact, they tend to get busier in their community to harden and expand their political roots. It is time for the immigration advocators to roll up their sleeves to work with these legislators in their neighborhoods on person to person basis.



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  • ashatara78
    03-10 04:38 PM
    The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.

    It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.





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  • sukhwinderd
    03-07 01:06 PM
    i dont why i thought you were coming from NJ.
    anyways, folks please step up and help people coming
    from outside.





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  • nogc_noproblem
    04-23 08:01 PM
    Congratulations Googler.

    Thanks for all your informative inputs.





    frostrated
    07-13 08:37 AM
    Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?





    lahiribaba
    03-10 11:44 AM
    You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases� Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.

    well you got to re plumb once in a while dont you?

    the water and drainage system that worked 100 years ago does not work now ... or does it?



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