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  • gc28262
    07-02 05:11 PM
    My company got labor certification papers today after getting approved online on June-26-2007

    PBEC,EB3, NON-RIR, PD MAY 2004
    Labor certified online: June-26-2007
    Received labor certification hardcopy: July-02-2007





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  • hourglass
    07-20 05:12 PM
    even if it is available, the principal applicant wont be able to take real advantage of it. As you cannot switch to company B, without invoking AC21, which kicks in only 180 days after, filing 485.

    You forgot to attach the link!





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  • gc_on_demand
    04-30 03:11 PM
    When this will end ? and will they put recording or transcript ?





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  • gc_chahiye
    09-28 06:55 PM
    not that it makes a huge difference, are they atleast trying to use some of the visa numbers by working over this weekend???

    they are working overtime on receipting (see the FAQ). Wish they stop receipting for these last 2-3 days and use up ALL the visa numbers. Everyone should be put into I-485 approval work. If there are people stuck in NC, see if any of the June/July filers manage to pass the FBI database without a hit.

    A receipt notice coming 2 days late is not a big deal. If a visa number is not used up, its lost, gone forever!



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  • AllVNeedGcPc
    04-17 09:44 AM
    Enjoy these moments.

    Please when ever you get some time can you answer couple of my questions.

    1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
    2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?

    Here's my journey so far.

    1. Initial labor
    a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
    b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer

    2. EB3 I140 (NSC)
    a. Filed - July 2nd 2007
    b. Approved - 2008

    3. I485 (NSC)
    a. Filed - July 2nd 2007
    b. RFE - April 2009 (EVL for me and visa history for my wife)

    4. Perm
    a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
    b. Filed - Oct 2010 (No experience used only MS)
    c. Approved - Dec 2011

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

    6. Interfiling
    a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
    b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
    c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
    d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
    e. Waiting again...


    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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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.



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  • pbojja
    09-11 10:58 PM
    when do we all send it? should we wait for oct 2nd?
    Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)

    Lets get it started this week end ..our goal should be getting follwoing answers from CIS and DOS ..

    Dear DOS,
    On what basis dates are moved to PD 2006 for India and China during Aug and September ? Is there a memorandum which justifies this move ?

    Dear USCIS,
    1> On what basis you are processing the applications ? Receipt Date,Notice Date or Priority Date ? How can you justify approving 2006 cases
    2> How many 485 applications are pending for India and China , year wise ? Why is it so difficult to publish ? why are we in dark and guessing things ?
    3>What the customer service is for ? your 1-800 number information is so use less ...Why can not they even inform us about our Priority date or Name Check cleareance ? And the service tickets are next to useless

    Dear TSC and NSC ...

    1> How come your processing dates are going back wards ? How can you justify that ?

    Can some one please post the addresses ? I will send the books including letters this week end .

    Dont worry about spam ..we have every right to express our selfs ...we are in free country as they say





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  • saveimmigration
    09-10 11:55 AM
    The worst thing that can happen is it retrogresses further next month. I think it will move at a slow pace until the "fiasco"season starts in July



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  • desi485
    12-03 01:28 PM
    There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.

    Good news concerning AOS denials based on I-140 revocations
    (http://www.immigration-information.com/forums/showthread.php?p=25832)

    Looks like the header of that thread is misleading...though its a good news for those suffering because CIS error, it can mislead some IV visitors that issue is over. Unfortunately this is not the case, though it is some what relief to know that MTR are successful. However in first place, an applicant should not have to go through this HORROR. I wish CIS comes out and accept this error and make sure that this is not repeated again in future.





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  • gccube
    07-18 03:55 PM
    That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.

    Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?

    Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.

    In such a case the PD lost all it's significance once the adjustment of status if filed?

    If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.

    Or May be I am missing something......



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  • SkilledWorker4GC
    07-15 10:42 AM
    Login to your bank account (This is for BoA)
    Go to Bill Pay>>Payees>>Add a Payee

    You will see two options
    1)Pay a company
    2) Pay an Individual

    Click the GO button next to Pay an Individual (without entering any information)

    In the next page

    You will see a small form
    Payee- is the name- in whose favor the check will be made
    Nickname is for your reference
    In Identifying information- you can put your handle
    Rest is obvious

    Payee creation is one time setup

    Once you have created a payee
    Go to Bill Pay>>Overview
    and here you will see an option to make a payment
    Can anyone shed some light on this... I want to know how to pay thru BOA bill pay option.


    Thanks.





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  • delhirocks
    07-28 06:55 PM
    Are you sure it was Atlanta and not Chicago?. Your timeline suggests it was applied in Chicago.
    My company applied for PERM ALC EB-2 category at Atlanta on 18th June 2007, got it approved on 20th June. Received hard copy on 26th June.



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  • santa123
    07-11 09:14 AM
    A few lucky people from the July filers will get their green cards from this, but most may have to wait a while. They have not processed many of them.

    If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.





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  • Macaca
    01-06 11:18 AM
    Vivek Wadhwa Bio (http://www.soc.duke.edu/GlobalEngineering/project_facultystaff.html)

    Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.

    He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.

    Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.



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  • eb3_nepa
    03-13 02:26 PM
    by all means Logi, drink up, just take a cab home ;)





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  • reddymjm
    09-10 10:28 AM
    Not quite true - this is done at 140 not 485

    Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.



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  • garry_kay
    06-20 12:20 PM
    Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.

    Do you know if you got an audit? Any idea about how they decide to do audits?





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  • jasmin45
    08-02 03:49 PM
    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.
    This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.





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  • ganguteli
    07-06 02:57 PM
    You morons, You have spent so much time in useless discussions and anti-immigrants are laughing at your foolishness. Its high time your greencards applications get a denial or RFE. You will come crying to IV to save your status. Or else you will be deported. That is all you can do. You guys have got sub labor or faked your resumes and now you want someone to be accountable to you. First learn to be accountable to yourself and your values.
    Here is what antis are telling you aholes:
    As for you fuckers over at Immigration Voice that caused this temporary outage, keep it up. The more time you waste harassing me, the less time you have to send flowers to politicians, begging for your green cards.

    Give it up, slumdogs. The whole H-1B thing was like a little tryout to see if you scumbags could fit into American society. Since it is clear that the bigoted, misogynistic caste mentality is ingrained in your DNA, we have to send you home. Maybe we will make you wither in limbo for 10-20 years, dangling a green card in front of your eyes, but the end result will be the same. You will have to leave.

    Unfortunately some of you may not live long enough to see that open sewer of a sub-continent again. You may die here in America, in an accident, or by natural causes, or commit suicide like all the techies in India are doing.

    Either way, by death or deportation, you will be gone.

    And Americans can go back into I.T. once again and reclaim the industry that we created.

    STFU you freeloaders





    eb3retro
    07-11 11:53 AM
    this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.


    is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.





    sreeanne
    03-13 05:30 PM
    I filed AP on Jan 4th 2008 and today i saw soft LUD on that and no update status. Seems that some of other members also got soft LUDs on APs today. Dont know what that means? Looks like it take 3-4more months to get AP.



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