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  • Berkeleybee
    04-10 08:24 PM
    Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..

    Sincerely,
    Raj

    Raj,

    Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.

    best,
    Berkeleybee





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  • eb3retro
    10-29 09:41 PM
    Hi eb3retro,

    I see that your PD is Jan 2003. Mine is Mar 03. I thought I would ask you about your opininons.

    So, do you think we will get our GC in 2009?

    Do you think it would be better to move to EB2?

    Thanks for your inputs.

    hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..





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  • file485
    01-08 03:09 PM
    Hello all..

    In what circumstances does the USCIS issue a H1B approval without the i194 reciept in the bottom..?

    that will be a worse scenario if we have to leave the country and face that stupid Madras embassy(my worst nightmare..) for the H1 stamping...!!

    I don't want to fall from the pan into the fire..!!

    I think in these cases it will be an Change of Status situation..

    pls post your comments...





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  • raysaikat
    07-20 12:50 AM
    [snip...]

    Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?



    To put it mathematically why this is the wrong perspective: life is not a Markov chain (at least, not under the definition of state being the "status quo")!



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  • indyanguy
    12-18 06:45 PM
    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.

    Thanks for explaining this clearly. 2 Questions:

    1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?

    2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?





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  • CHRAMA
    04-14 08:24 PM
    Thank you everyone, Just I received my I140 approval.



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  • flipflop
    11-18 12:41 PM
    it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
    money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.

    Yeah right!! buying houses is all hunky-dory when you have all cushy jobs and economy is booming. When economy slows down there will be some people who may lose their jobs with 3000$ mortgages sitting on their head!! And that builder /bank who lobbied for you GC will come knocking on your door asking for payment.
    And believe there are defaulters among these highly qualified legal immigrants too!

    So again, how did you solve the housing slump problem in the first place???





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  • eb3_nepa
    06-05 12:54 PM
    (d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.

    I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.



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  • rangaswamy
    07-30 05:03 PM
    Filed paper renewal on june 12th, Received card production ordered email today.
    Ap was submitted 2 days ago.
    PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.

    AR





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  • greensignal
    11-09 10:34 PM
    Still waiting for FP and no SR is filed

    Hi Guys,

    I just received my FP Notices today for me and my wife. It is scheduled on Nov 30th.



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  • brugen
    08-19 08:51 PM
    PD, looks like you are going from doing the work to supervising the work within the same job criteria. If the company you are transferring to uses a law firm for their immigration, ask if the attorney can review to verify that you are eligible on AC21 based on the criteria.





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  • humdesi
    05-15 02:43 AM
    Hope they get the same type of canned, useless answers we get when we call up USCIS.



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  • gondalguru
    07-19 01:10 PM
    Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.

    Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.

    Check this link

    http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test

    Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.





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  • delax
    08-05 09:30 PM
    But consider this: I just posted this in the approval thread:

    Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.

    Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.

    Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.

    This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.



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  • davidbhatt
    01-30 05:06 PM
    Dose any one care for people who have been deported and had a green card,,,,, their wife,kids,mom,dad,brother,sister, every one are in us,
    oh ya and dont say that their is a lawyers for that cause their are people who cant aford lawyers, dam some time this country make's me fell sick as hell,





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  • SkilledWorker4GC
    07-08 04:32 PM
    I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.

    Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
    For a moment - lets look at our own community that is affected.

    For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.

    For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.

    Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them



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  • TomPlate
    02-28 01:47 PM
    NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
    I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.

    Can you please let us know the URL for the latest name check FAQ posted today.





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  • mhb
    07-06 02:59 PM
    Very good develpoment..

    Thanks for all hard work.. Guys lets help core members with whatever they need.
    just spoke with Carl Sears from NBC. he said LESTER HOLT is substituting for Brian Williams. most likely its going to be also on their website. It will be broadcasted in the Washington area at 7 pm tonight. hope this hype wil help us!!!!





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  • Pegasus503
    02-20 06:46 PM
    The damn thing was taken down before I could save it. Did anyone save the file?



    The link just worked for me

    I saved it as a pdf and doc, but the upload keeps failing so here's the text:


    Office of Communications




    Questions & Answers

    February 20, 2008

    FBI NAME CHECK POLICY

    Q. How has USCIS changed its national security reporting and adjudication requirements?

    A. USCIS has not changed its background check policies as those policies related to naturalization applications. Recently, the agency did modify its existing guidance for applications where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. For these types of applications, including applications for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable and the FBI name check request has been pending for more than 180 days. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably.

    Q. Why is this policy being implemented?

    A. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?

    A. Yes. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Lastly, in general these individuals have been in the United States for some time and have previously been subjected to DHS background checks.

    Q. What applications are affected by this policy change?

    A. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q. How many applications for lawful permanent residence are affected by this policy change?

    A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.

    Q. Does this policy change affect naturalization applications?

    A. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),

    Q. How long will it take for USCIS to work through these cases affected by the policy change?

    A. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

    Q. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization backlogs before Congress not to cut corners in the adjudicative process or risk national security in the interest of production? Does this policy comply with the Director’s pledge?

    A. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400), For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings.

    Q. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?

    A. No.

    Q. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?

    A. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.

    Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?

    A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are needed.




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    gps001
    07-18 11:30 AM
    At some point I had a question about this issue (I-131 page 4), about which "application" is deemed abandoned and I got an answer in these forums (someone said that he/she researched enough) and that it is the I-485 application which is deemed abandoned if you leave before AP gets approved.

    However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.

    1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)

    2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?

    Thanks.
    In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.

    BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:

    http://www.uscis.gov/files/form/I-131instr.pdf (page 4)

    If you travel before the advance parole document is issued, your application will be deemed abandoned if:

    A) You depart from the United States; or
    B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.





    pappu
    11-17 10:56 AM
    I got a quote and passed the physicals, and only two months later was told the underwriter doubled the premium because I did not have green card.


    For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.
    Thats interesting to know that we even pay higher life insurances due to not having a greencard. can someone else second this from their experience. I am not aware of these hardships so if we have to say this in any media interview, we need correct information substantiated by facts.



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