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  • nozerd
    01-13 05:05 PM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)





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  • pappu
    03-23 10:21 AM
    please also look at your respective state chapter threads

    http://immigrationvoice.org/forum/forumdisplay.php?f=17

    and send messages to all members in your state chapter threads requesting them to join you in meetings.

    If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.





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  • vallabhu
    07-17 10:48 AM
    I see July 16th date for California , Nebraska and Vermont but i still see June 18th for Texas.





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  • onemoredesi
    08-22 01:53 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C

    Can any one tell me what EB-3EW means?
    Thx



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  • conchshell
    07-25 01:15 PM
    It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D

    Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.

    I know how you feel Chantu ... but what to do they all are from venus :D





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  • NKR
    03-22 08:57 PM
    Gurus,

    Since EB2-India is current, I am exploring the possibility of interfiling.

    Goal: Interfile in such a way that my new application under EB2 (New case
    category) get attached with old case (EB3) priority date (07/2003) and
    thus enable me to take advantage of EB2 current PD as declared in
    April 2008 bulletin.
    GC Application/s history:
    -----------------------
    OLD APPLICATION

    Employer: xyz
    Category: EB3-RIR Conversion-India
    Priority Date: 07/2003
    Labor approved
    I-140 approved
    I-140 approval date: 06/2007
    AP and EAD approved
    485 receipt date: 07/1*/2007

    NEW APPLICATION

    Employer: ZAB
    Category: EB2-India
    Priority Date: 06/2006
    PERM LABOR approved
    I-140 approved
    I-140 approval date:08/2006
    No AP/EAD/485 applied under this application

    Notes: (1) Currently working for company CDE on EAD.
    (2) "A" number on both I-140 are similar and different from "A" number
    on 485 file.
    (3) Occupation codes for both category are "Close" and matches the
    job profile with current employment on EAD

    Question: Is my goal achievable? If yes, then what to do and how to
    proceed?

    Thanks in advance for any help to sort this out.

    - BharatPremi


    Dude,
    Be specific and say that your PD is current, I was wondering when EB2 India become current.



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  • salcom3
    07-13 07:59 PM
    I totally agree with you akgind.
    Here is my daughter's case:
    1994 she was 8 years old when we brought her to USA
    2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
    2002 after one month we came back, with H-1 visa, daughter with H-4
    2003 I applied for LC
    2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
    2007 LC approved, she is still F-1 and paying a lot of money in tuition.

    I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.





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  • widad2020
    06-12 09:28 PM
    This report is just released: Very interesting comments
    The U.S. retains its global pre-eminence in science and technology,with a big boost from foreign students,scientists and engineers, a RandCorp. report said.

    U.S. Still Leads the World in Science and Technology; Nation Benefits From Foreign Scientists, Engineers

    Despite perceptions that the nation is losing its competitive edge, the United States remains the dominant leader in science and technology worldwide, according to a RAND Corporation study issued today.

    The United States accounts for 40 percent of the total world�s spending on scientific research and development, employs 70 percent of the world�s Nobel Prize winners and is home to three-quarters of the world�s top 40 universities.

    An inflow of foreign students in the sciences -- as well as scientists and engineers from overseas -- has helped the United States build and maintain its worldwide lead, even as many other nations increase their spending on research and development. Continuing this flow of foreign-born talent is critical to helping the United States maintain its lead, according to the study.

    �Much of the concern about the United States losing its edge as the world�s leader in science and technology appears to be unfounded,� said Titus Galama, co-author of the report and a management scientist at RAND, a nonprofit research organization. �But the United States cannot afford to be complacent. Effort is needed to make sure the nation maintains or even extends its standing.�

    U.S. investments in research and development have not lagged in recent years, but instead have grown at rates similar to what has occurred elsewhere in the world -- growing even faster than what has been seen in Europe and Japan. While China is investing heavily in research and development, it does not yet account for a large share of world innovation and scientific output, which continues to be dominated by the United States, Europe and Japan, according to RAND researchers.

    However, other nations are rapidly educating their populations in science and technology. For instance, the European Union and China each are graduating more university-educated scientists and engineers every year than the United States.

    Policymakers often receive advice from ad hoc sources. Although their viewpoints are valuable, they should be balanced by more complete and critical assessments of U.S. science and technology, said report co-author James Hosek, a RAND senior economist. The absence of a balanced assessment can feed a public misperception that U.S. science and technology is failing when in fact it remains strong, even preeminent.

    �There is a pressing need for ongoing, objective analyses of science and technology performance and the science and technology workforce. We need this information to ensure that decision makers have a rigorous understanding of the issues,� Hosek said.

    Among the study�s recommendations:


    Establish a permanent commitment to fund a chartered body that would periodically monitor and analyze U.S. science and technology performance and the condition of the nation�s science and engineering workforce.

    Make it easier for foreigners who have graduated from U.S. universities with science and engineering degrees to stay indefinitely in the United States.

    Make it easier for highly skilled labor to immigrate to the United States to ensure the benefits of expanded innovation are captured in the United States and to help the United States remain competitive in research and innovation.

    Increase the United States� capacity to learn from science centers in Europe, Japan, China, India and other countries.

    Continue to improve K-12 education in general, and science and technology education in particular.

    The inflow of foreign students, scientists and engineers has been a key factor that has enabled the U.S. science and engineering workforce to grow faster than the U.S. is graduating native-born scientists and engineers, according to the report. Researchers found that foreign-born scientists and engineers are paid the same as native born, suggesting their quality is on par.

    But a recent reduction in the cap on skilled immigrant visas (H1-B) has the potential to reduce the inflow of foreign science and engineering workers, and the report argues that curtailing the supply of these scientists and engineers can lead U.S. firms to outsource more research and development to foreign countries and locate new facilities overseas. Rather than protecting jobs, this could lead to reduced investment and employment at home.

    Among potential weaknesses faced by the United States are the persistent underperformance of older, native-born K-12 students in math and science and the heavy focus of federal research funding on the life sciences versus physical sciences. Another unknown is whether an increasing U.S. reliance on foreign-born workers in science and engineering makes the U.S. vulnerable. In recent years, about 70 percent of the foreign scientists and engineers who receive PhDs from U.S. universities choose to remain here, but the stay rate could fall as research conditions and salaries improve abroad.

    The RAND report was sponsored by the Office of the Under Secretary of Defense for Personnel & Readiness and conducted within the Forces and Resources Policy Center of the RAND National Defense Research Institute, a federally funded research and development center sponsored by the Office of the Secretary of Defense, the Joint Staff, the Unified Combatant Commands, the Department of the Navy, the Marine Corps., the defense agencies and the defense Intelligence Community.

    The report, �U.S. Competitiveness in Science and Technology,� can be found at www.rand.org.



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  • eb3retro
    04-16 01:48 PM
    Yes I believe my attorney did provide the educational evaluation documents. It was the same documentation used for the H1B & the PERM Certification. Any idea of what my chances are with the appeal?

    i hate to say this, in my opinion, urs is a little tough case. This is just my thought. Other gurus here may have a better advice for u. But this is uscis, you are dealing with. So you never know. Provide a better educational evaluation and keep your fingers crossed. All the best.





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  • ssnd03
    12-03 04:26 PM
    (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.

    Number (1) is so darn ambiguous. Typical USCIS, FBI bullshit.



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  • mmj
    04-27 12:55 PM
    I guess since no one wants to do anything about their situation - we can all sit back and wait for another 4-5 years and hope that we get a green card at that time since that is the amount of time it is going to take most of us if nothing was to change in the current process. Good luck to ALL and Happy Waiting :)





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  • sanju
    09-09 11:17 AM
    Hi,
    I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?

    In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.

    Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.



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  • roseball
    05-25 03:47 PM
    When your H1 is ready to be approved, just go back to Canada, get it stamped and enter US using your H1 visa (I-94 should have H-1 stamp)...Thats it, then you are all set...Even after entering on AP, you can continue to work on H-1 if you are still working for the same employer....No need to re-start/re-apply anything...Your EAD/AP will all be still valid but you will be in H-1 status...You can just keep renewing them...The only thing is when you get married and bring your spouse on H-4, you wont be able to file for her 485/EAD/AP till your PD is current again...





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  • bkarnik
    04-10 03:26 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.



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  • spindoctor
    07-19 08:22 PM
    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.

    OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.

    If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?





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  • saurav_4096
    01-04 02:59 PM
    wow...
    Guy will get better tax benifits if he can claim both as dependent...

    How he is going to file a joint return..., I dont think turbo tax support it...



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  • grimreaper
    05-29 10:10 PM
    Great!!





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  • hydboy77
    06-10 07:42 PM
    You are the first guy who wrote a sensible post regarding CIR. Most if not all people here are delusional when it comes to CIR. I don’t trust Obama and Durbin to do any justice for Eb immigrants. The democrats agenda was always the illegals, as far as we EB are concerned they would prefer that we just get kicked out through endless RFE harassment from USCIS. The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants. So when the negotiations for CIR start Republicans will oppose any immigration so the democrats will strike a bargain with the republicans where they will ask for amnesty for illegals and in return they will happily throw the EB community under the bus by saying they are "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system. Before people get angry ask yourself this question
    1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
    2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
    3. Did it eliminate country quota.
    4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?

    The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?

    Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir



    And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.





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  • MahaBharatGC
    10-08 05:12 PM
    EAD Renewal Filing Date: Sept 12, 2008
    current EAD expired on Sept 30, 2008
    Current Status: Pending:mad:





    srikondoji
    06-29 07:37 AM
    Forget it . Cut your losses and run.
    Nobody will evel listen to your suggestion and top of it your suggestion is at best a piece of comedy.
    good luck and come up with another suggestion.:eek:
    lawers can prepare at their own pace but fedex them to reach on Jul 30th.





    abqguy
    01-15 04:59 PM
    Sent the letter. I will get with my Employer to do the same. Also, will try to get with my lawmakers too.



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