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  • sunny1000
    10-10 01:35 AM
    The reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.





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  • silvergga
    02-27 02:20 PM
    Mostly my question was misunderstood...

    I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...

    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...

    1) EB3 people believe and argue that it doesn't matter.
    2) From what I have noticed on , eb1 > eb2 > eb3.
    3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
    4) In the end, USCIS is a black box system and no one knows exactly how they work.
    5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
    6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.





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  • beppenyc
    03-20 08:15 PM
    http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

    Q Okay. My question is, since 9/11, one of the key things that we need
    is immigration reform, including comprehensive immigration reform that is
    right now in front of Senator Specter's committee in the Judiciary. There are
    two principles I'm hoping that you would support: One, the good people, the
    engineers, the PhDs, the doctors, the nurses, the people in the system who
    have followed the rules, will go to the head of the line in any form of
    immigration reform. That's Title IVz of the bill.
    Secondly, the illegals who have not followed the rules -- I understand the
    debate, I appreciate your statements about immigration reform, but isn't it
    better that we know who they are, have them finger-printed and photographed,
    and allow some form of 245I to come back so --

    THE PRESIDENT: Tell people what that is. Tell people what 245I is.

    Q Okay -- 245I is a partial amnesty program that expired back in 2001,
    in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
    a small segment of the illegal population where they would pay the $1,000 fine
    and, for example, coming in illegally, then marrying an American citizen,
    could somehow legalize their status.

    THE PRESIDENT: Okay. Let me give you some broad principles on
    immigration reform as I see them. First of all, we do need to know who's
    coming into our country and whether they're coming in illegally, or not
    legally -- legally or not legally -- and whether they're coming in or going
    out. And part of reforms after September the 11th was a better system of
    finding out who's coming here.
    Secondly, we have a big border between Texas and Mexico that's really hard
    to enforce. We got to do everything we can to enforce the border,
    particularly in the south. I mean, it's the place where people are pouring
    across in order to find work. We have a situation in our own neighborhood
    where there are way -- disparities are huge, and there are jobs in America
    that people won't do. That's just a fact. I met an onion grower today at the
    airport when I arrived, and he said, you got to help me find people that will
    grow onions -- pluck them, or whatever you do with them, you know.
    (Laughter.) There are jobs that just simply aren't getting done because
    Americans won't do them. And yet, if you're making 50 cents an hour in
    Mexico, and you can make a lot more in America, and you got mouths to feed,
    you're going to come and try to find the work. It's a big border, of which --
    across which people are coming to provide a living for their families.
    Step one of any immigration policy is to enforce our border in practical
    ways. We are spending additional resources to be able to use different
    detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
    way, expand the number of agents on the border, to make sure we're getting
    them the tools necessary to stop people from coming across in the first place.
    Secondly, part of the issue we've had in the past is we've had -- for lack
    of a better word -- catch and release; the Border Patrol would find people
    sneaking in; they would then hold them for a period of time; they'd say, come
    back and check in with us 45 days later, and then they wouldn't check in 45
    days later. And they would disappear in society to do the work that some
    Americans will not do.
    And so we're changing catch and release. We're particularly focusing on
    those from Central America who are coming across Mexico's southern border,
    ending up in our own -- it's a long answer, but it's an important question:
    How do we protect our borders, and at the same time, be a humane society?
    Anyway, step one, focus on enforcing border; when we find people, send
    them home, so that the work of our Border Patrol is productive work.
    Secondly, it seems like to me that part of having a border security
    program is to say to people who are hiring people here illegally, we're going
    to hold you to account. The problem is our employers don't know whether
    they're hiring people illegally because there's a whole forgery industry
    around people being smuggled into the United States. There's a smuggling
    industry and a forgery industry. And it's hard to ask our employers, the
    onion guy out there, whether or not he's got -- whether or not the documents
    that he's being shown that look real are real.
    And so here's a better proposal than what we're doing today, which is to
    say, if you're going to come to do a job an American won't do, you ought to be
    given a foolproof card that says you can come for a limited period of time and
    do work in a job an American won't do. That's border security because it
    means that people will be willing to come in legally with a card to do work on
    a limited basis, and then go home. And so the agents won't be chasing people
    being smuggled in 18-wheelers or across the Arizona desert. They'll be able
    to focus on drugs and terrorists and guns.
    The fundamental question that he is referring to is, what do we do about -
    - there's two questions -- one, should we have amnesty? And the answer, in my
    judgment, is, no, we shouldn't have amnesty. In my judgment, granting
    amnesty, automatic citizenship -- that's what amnesty means -- would cause
    another 11 million people, or however many are here, to come in the hopes of
    becoming a United States citizen. We shouldn't have amnesty. We ought to
    have a program that says, you get in line like everybody else gets in line;
    and that if the Congress feels like there needs to be higher quotas on certain
    nationalities, raise the quotas. But don't let people get in front of the
    line for somebody who has been playing by the rules. (Applause.)
    And so, anyway, that's my ideas on good immigration policy. Obviously,
    there's going to be some questions we have to answer: What about the person
    who's been here since 1987 -- '86 was the last attempt at coming up with
    immigration reform -- been here for a long period of time. They've raised a
    family here. And my only advice for the Congress and for people in the debate
    is understand what made America. We're a land of immigrants. This guy is
    from Hungary, you know. (Applause.) And we got to treat people fairly.
    We've got to have a system of law that is respectful for people.
    I mean, the idea of having a program that causes people to get stuck in
    the back of 18-wheelers, to risk their lives to sneak into America to do work
    that some people won't do is just not American, in my judgment. And so I
    would hope the debate would be civil and uphold the honor of this country.
    And remember, we've been through these periods before, where the immigration
    debate can get harsh. And it should not be harsh. And I hope -- my call for
    people is to be rational about the debate and thoughtful about what words can
    mean during this debate.
    Final question, sir. You're paying me a lot of money and I got to go back
    to work. (Laughter.)



    PS I did not know about the story of I-245 on 9/11....





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  • neoneo
    10-29 06:13 PM
    Here's a good chance to attach the legal immigration amendment. This is all for legality of employment. Any clue on activity on this front ?



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  • parablergh
    07-31 07:21 PM
    Non-immigrants residing in the U.S. are required to update USCIS with a change of address within 10 days of moving. As you now appear to be living in a different location "y", you should update USCIS for you and any dependents immediately.

    As you are now living/residing in place "y" that is your residential address and you will need to file your AP/EAD (I-131/I-765) renewals according to your current address.

    Some general instructions:
    Please be sure to visit the USCIS website at https://egov.uscis.gov/crisgwi/go?action=coa for information regarding U.S. Citizenship and Immigration Services (USCIS) Change of Address procedures and for access to Form AR-11. USCIS expects that the Form AR-11 should be mailed or submitted electronically within ten days of any change of home address. You may submit the form electronically to https://egov.uscis.gov/crisgwi/go?action=coa.Terms, or by mail to the USCIS address listed on the Form.

    If not submitting electronically, we strongly advise that all such forms be sent using U.S. Certified Mail, and Return Receipt cards. Sending the AR-11 form via Certified Mail is the only way to prove that change-of-address notification was submitted in a timely fashion.

    Please be sure to indicate that you have pending petitions and provide the respective receipt numbers.

    Good luck





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  • pt326bc
    07-12 07:14 PM
    :confused::confused:

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    :confused:


    You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
    But confirm with you lawyer; this is not legal advice.
    Regards.



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  • lecter
    February 27th, 2004, 09:14 AM
    By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)

    "They can because they think they can"

    On this day the traffic had been stopped for the parade.....

    I was out of the car (Camera always at the ready) and I was taking photos of the girls dancing and got noticed (no cost).

    Here's another "Noticed me" shot..

    http://www.dphoto.us/forumphotos/data/500/15128T3321-med.jpg





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  • bp333
    11-04 12:49 PM
    Remind me again, why do we pay these attorney big dollars for??
    This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

    Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.



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  • desi3933
    02-18 01:43 PM
    Well, thanks all for your responses, but I am as cfused as I was before I posted the question. Do any of you have any sources to back your claims. I know for sure that worldwide income has to be reported, so thanks for that clarification desi3933. But do you have a source that mentions that a person on H4 can for sure work outside. Many thanksa again guys. All your help is appreciated.

    I just checked and earlier info was incorrect. Please accept my apologies for providing incorrect info.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 status holders can only do voluntary work.

    _____________________
    Not a legal advice.
    US citizen of Indian origin





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  • ppt.b
    07-17 06:37 PM
    not as long as I see it on USCIS website..
    Thisis Murthy website...

    Thine wish is granted! Check USCIS website



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  • myan88
    03-30 11:08 AM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.

    Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.

    But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.

    I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.





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  • godbless
    05-31 07:46 PM
    I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006

    The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.

    Cheers!!!!!!



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  • jliechty
    July 5th, 2006, 07:57 PM
    You're aware of the metering limitations (or really, none at all) of the D70 with manual focus lenses, and if you're set on outboard metering, you won't be affected. 6MP vs 10MP isn't that big of a difference until you start printing large (I'd say something greater than 11x17, but that depends on subject matter and personal taste). The D200's viewfinder is much better than the D70's, in my opinion from having used both (but unfortunately not side by side). The build quality is better, but I think both cameras would stand more rain than the average photographer (if you love standing in a downpour for hours, you're the exception, and you should get a waterproof bag no matter what camera you choose ; ).

    I wouldn't worry so much about "outdated" technology. The D70 still takes great pictures, so don't let anyone convince you that it would be like driving a 25 year old beat-up car. While I'd just get the D200 (err, uh, I already did), if the expense is a concern, or if you don't need the features of the D200 but aren't sure if the D70 would be enough, consider these possibilities:

    Try a D70 and a D1h - those two bodies used would together cost less than a D200, and would give you a camera for high resolution work and another for high speed/high ISO with better build quality, viewfinder, etc. albeit lower resolution and battery life.

    Alternately, a slightly less expensive choice would be to get a single D1x. This gives the build quality advantages of the D1h along with as good of (or sometimes better) resolution as the D70, although battery performance would be lacking (you'd need two or three batteries for a full day of shooting, depending on LCD usage). The D1 series is capable of using center weighted and spot metering with AIS lenses, though matrix metering is disabled (the D200 can do matrix metering as well, when the lens data has been entered manually).





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  • pitha
    02-15 01:47 PM
    I am not sure if that is true anymore. Recently US has announced that even US citizens returning from CANADA need to have there passport with them for entering into US. Earlier all they needed was a drivers license. When the US is tightening entry requirements for US citizens I am not sure automatic visa revalidation is still possible. Better follow up on it before going to Canada.


    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G



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  • wonderlust
    07-18 05:20 PM
    Thank you for sharing your experience! I have been worried...
    Good luck to you.
    W





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  • milind70
    07-26 12:44 PM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.

    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.



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  • fromnaija
    07-18 06:11 PM
    Photographs are not big-deal. USCIS will RFE for them.

    Hi,
    I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
    Even i am worrying what would happen with my application.

    LK





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  • makemygc
    04-02 09:31 PM
    Hi Desiguy786,
    I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.



    Hi Satyasaich,

    I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.



    In short, My RFE is asking for..
    Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

    Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

    Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

    No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..





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  • willigetgc?
    09-24 10:33 AM
    Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....





    angelfire76
    04-01 03:29 PM
    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================


    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.





    willwin
    05-14 12:39 PM
    I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
    I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.

    I was misguided.

    But what about people with PD as early as 2002/2003? Or do we not have anyone with PD 2002/2003 who are pursuing CP?

    I assume there could be 10 to 15% CP filers out of total, say, 400K pending 485 cases. So, between 40 to 50k CP filers. Not sure how many out of this would be India/China. Is this number not big enough for asking for some admin fix?

    I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.

    If DOS/USCIS know very well that this retrogression is gonna be there for the next 5-10 years and EB3 I have to wait for 10-15 years, does it not make sense to ask for a relief like EAD for CP filers?



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