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  • softwareguy
    07-06 01:35 PM
    July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
    The State Department�s Immigrant Visa Control office provided AILA a copy of the notice sent to USCIS Section 245 Adjudications on July 2, 2007. AILA Doc. No. 07070663.

    I don't have access to AILA.com website but this is what I gathered. - Not sure what it means.




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  • rockstart
    09-06 10:30 AM
    Hey I was in similar situation. My current H1 is expiring on Sept 30th 2007 and my extension application was filed on Aug 22nd 2007. So I was not expecting my H1 to be approved till way beyond Sept. But then I checked with Local DMV in virginia and they told me I can get a temporary 1 year extension on my DL if I can show them the receipt of my H1 extension application. I got that from my employer and my DL by extended by 1 Yr till Aug 22 2008 ( date when H1 was applied) my state is Virginia if that info helps.

    Hi folks,

    I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs

    1. work his but off at work to get GC
    2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.

    Anyone in the same barrel?
    Please give some toughts.:rolleyes:




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  • wanna_immigrate
    05-06 10:17 AM
    I am in a similar boat I got by second 140(EB2) approved this week. How do I know if my date is ported? Acutually I dont care about porting date I just want to find out if my new approved 140 is now referrencing my 485(filed under EB3) filed in July 2007.

    Thanks in advance for help.

    I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

    1. Initial labor
    a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
    b. Approved - August 31 2006

    2. EB3 I140 (NSC)
    a. Filed - October 11 2006
    b. Approved - April 6 2007

    3. I485 (NSC)
    a. Filed - July 19 2007
    b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

    4. Perm
    a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
    b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
    c. Approved - Feb 15 2011

    5. EB2 I140 (TSC)
    a. Filed - March 9 2011, Premium Processing
    b. Approved - March 21 2011 (A# and Priority Date retained)

    6. Interfiling
    a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
    b. March 29 2011 - Lawyer sent the official Interfile Request
    c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
    d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
    e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
    f. Waiting on the physical cards to take a long break :)

    Wish the very best to everyone else waiting on the GC line.




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  • himu73
    07-15 08:34 PM
    Contributed 20$ , Reference number: 10397



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  • ychousa
    07-18 05:32 PM
    There seems to be 2 different opions about the process after CIS has received hundreds of thousands of applications until Aug 17th.

    1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.

    2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.

    Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.

    I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?




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  • ArkBird
    08-12 03:10 PM
    Am I the only one here feeling like being used as toilet paper waiting to get flushed with other "stuff" ??



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  • usirit
    11-18 12:06 AM
    I am an H1B holder in Indianapolis, IN processing GC on EB3 -actually my EAD (PERM) is 'In Process'; my wife and 3 under age kids are H4s... a couple of months ago we had to update our address in our 2 DL & 5 IDs... of course I am the only holder of a SSN so no problems getting the renewal of my DL & ID. After getting a numident report from the SSA for my daughters and wife... there were no issues generating IDs for the kids... but according to BMV withouth a SSN my wife's DL won't be updated and it will be suspended in 30 days. How she got a license before (for 3 years) and now she can't...? Is there anyway to obtain a DL in Indiana being a legal H4? I DON'T UNDERSTAND!!!!




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  • chanduv23
    09-16 08:50 PM
    Unable to participate due to prior commitments (travelling in Mid West)

    Contributed $200
    Google Order # 332995467726386

    Appreciate IV's initiative. Thanks a ton.

    Thanks - for your contribution



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  • ickeys
    07-29 10:02 AM
    Hi, the website says my case was certified but my employer and my lawyer did not receive the hard copy yet. It got certified July 17. How long does it take for me to receive it? What should I do?




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  • willwin
    07-11 11:18 AM
    Nothing against EB2 or other, at least let them enjoy the freedom.

    It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3

    Paskal is watching you! EB3 deserves this. I am EB3 India 2005, in for a looooong wait for another decade? May be.

    And, BTW is somebody hijacking this thread?!?! Not me, Paskal!



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  • ashutrip
    06-22 12:08 PM
    I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.
    what is ur pd?




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  • mirage41
    09-15 09:09 PM
    people who do not support pd porting must *morally* refuse any pay hikes they get along the course of the GC journey, decline promotions offered at their workplace and must vehemently refuse any self help initiatives by the employer.

    If they actually do that, they are both justified in opposing PD porting and they kinda give away their I.Q in the process! lol

    Not to mention, if anyone of the above happens, they need to re-start their GC process *to be fair*!


    Before someone gives me red dots, please note the Sarcasm in my post. (I support PD porting with all my heart!!) :D



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  • skgs2000
    12-11 04:10 PM
    Hi Pappu and IV seniors,

    I will contribute to IV generously(monetory and otherwise) if you help us with the filing of EAD/I-485 for approved 140's. Please do some magic so that it happens.




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  • ashutrip
    06-22 11:18 AM
    Nothing so far. I keep checking the status of my application every day but its still "In Process"
    what is your PD?



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  • sam2006
    07-19 01:27 AM
    thank you raju



    Contributed $100 yesterday.
    Will contribute again next month.
    Keep up the good work.

    ___________________________
    Total Contribution So Far $175+




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  • mirage
    03-31 12:40 PM
    They are wasting EB visas every year giving reasoning they were too busy putting up a crying face saying we got bombarded with this application and those applications, they are screwing up our Travel plans by not Issuing AP documents in time, they are screwing our jobs by not issuing our EADs in time. I am telling you the biggest villian in all the mess we are in is USCIS and you are telling me there's no point to discuss this ??????
    :)I am sorry but i think there is no point to discuss this concern whether USCIS has ability or not..... Just support IV, group 2gather and fight....



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  • chanduv23
    12-01 11:49 AM
    Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.

    Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.

    you may likely be getting an RFE or probably close to ur approval :)




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  • wellwisher02
    03-31 10:46 AM
    In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...

    We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.

    Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.




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  • snram4
    02-24 07:15 PM
    Still USA is going to e attractive destination unless currency goes less than 30 rupees. Still USA is Top in innovations in medical, Biomedical and core products like Apple, Microsoft etc. India and China are going to to do service oriented jobs and hardly any big innovations. That is going to continue for next few years. Also survival is easy here compared to India as population is 4 times than USA and country is 1/4 of USA. It is a mere speculation and our wish that US citizens will wait in line for Indian visa. But it is a fact that we do not need to come to USA just for money as we can get excellent pay package in many industries in India and quality of life improved a lot on par with USA. Still population growth with less land will make lack of facilities for many people in future decades. Mainly water, food,land and energy shortage will be a problem in next decades and we need to wait and see how our government handles that.

    May be our kids in future will have to wait inline for Indian Residency:p




    addsf345
    11-20 03:38 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."

    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o




    CADude
    07-21 12:49 PM
    Why to remove? Please ignore and don't read if you don't like. Put self constaint buddy.


    Grim EAD situtation , Oh my god!
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!

    Hello,

    A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.

    Please remove this thread .

    Regards,
    Zee.


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)



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