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  • RajWantsGC
    05-12 09:57 PM
    Hello Gurus,
    I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
    Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
    1) How to get the addresses of Congressmen and senators?
    2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
    3) Will the info pass be useful in my case?

    Any help will be highly appreciated.
    Thanks
    Raj





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  • ramus
    06-07 01:10 PM
    Please contribute to IV..
    Thanks.




    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • Scythe
    10-28 10:03 PM
    Hey - you don't build houses with tables so why would you use them on buttons?

    Is this an inside joke? I'm missing the part where anybody said anything about using tables on buttons.





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  • Ramba
    05-28 11:56 AM
    If you withdraw 485 now, you can reapply after getting married, only if your current GC sponering employer willing to give you the job offer (and offer letter) as per the terms and condition of LC and 140 at that time you re apply 485 in future. If you lose the employment relationship with your sponser, you have to start from scratch (LC-140-485), if you find another sponser. Only thing you can retain is PD. All other, you have to start from grounf zero.

    You have to make your choice.



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  • Green.Tech
    06-10 11:48 PM
    But don't lose heart. There are many, if not all, who are with you in this initiative.

    I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.





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  • ivuser9
    12-02 12:01 PM
    What are the docs requested by the VO? Plz update us. I think once you submit all requested docs,your processing will resume

    Good luck



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  • chanduv23
    08-15 08:46 AM
    One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.

    If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up





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  • manand24
    10-15 01:55 PM
    I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.



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  • chanduv23
    12-08 05:29 PM
    Come on folks - please contribute towards the efforts





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  • Redeye
    08-21 01:53 PM
    CasionRoyale,

    From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?

    Do you expect any issues using old petition?
    If there are any can we enter using AP?

    Thanks

    (1) To being with, I have made an appointment using nvars.com at Ottawa for Sept 22nd. It was not easy, I have refreshed that page hundreds of times entering that security code. Several times I felt dizzy doing that.

    (2) Working on Canada visitor visa

    Questions:

    I-94:
    Based on what I read, it seems like we do not need to return our existing I-94s while entering Canada. Is this true if you enter either by Air or Land?



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  • srsrsr
    07-20 10:23 AM
    Im also in same situation. My PD is Nov 2004(EB3) and I-140 approved.
    I'm unmarried(might take 6 months to one year to get married) What if my 485
    gets approved before marriage? what are the risks in applying now and later?
    Please help.





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  • jnayar2006
    03-27 05:40 PM
    nsnriv,

    The idea of the IV forums is to discuss our agenda, and activities.

    Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.

    Good luck,
    Berkeleybee

    Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).

    vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.



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  • singhsa3
    08-19 12:56 PM
    Thanks, I work in the credit derivatives area. Developing IT infrastructure for pricing and doing risk analysis for single names and multi-names credit derivatives. What about you?
    you must be a happy man today! congrats again.....

    I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..

    I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?





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  • immiusa
    06-16 09:18 AM
    Hi,

    Pay stubs & Tax returns for all your stay in USA are most important. Some times, you may be asked to submit w2 form for all your employer changes. If you have worked with company that had a H1B transfer denial, You need to have pay stubs & w2 form from that company also.

    The office at any USA consulate may ask you the following items,
    1. recent pay stubs (Probably for 3 months)
    2. W2 form from your old company & new company (If you have worked for 2 companies in the FY 2007.
    3. Last pay stub from your old company & first pay stub form your new company. This is to verify your continuity on the work



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  • baldev.thakur
    12-13 11:55 AM
    Well in case you are TOO NAIVE let me tell you...
    If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
    If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
    Can you post some more specific details abt ur case ?





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  • pmat
    08-30 04:57 PM
    Dear friends

    I'm very excited to say that I got my green card approved. Thank you for all of your support.

    My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.

    Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!


    thanks
    babu


    Congratulations ;)... Thanks for continuing to support IV.



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  • arjunram
    04-22 10:24 PM
    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!





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  • pitha
    05-22 04:40 PM
    Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

    With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
    1. based on pass marks?
    2. based on who has the highest number of points for each country
    3. Does the priority date come into plat at all?

    hope somebody has the answers for these questions.

    If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.

    How will this change if the new legislation/amendment that are discussed passes.

    Any ideas guys.





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  • vikrantp
    01-22 09:17 AM
    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.



    Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?





    green_mile
    09-14 01:41 PM
    This is a great idea I am in.





    rahul98
    07-17 07:07 PM
    Great job IV..I am proud to be a part of IV.

    Contributed $100...

    Order Details - Jul 17, 2007 16:16 GMT-07:00
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