a_to_z_gc
03-22 01:25 AM
Hi gurus,
Can you please let me know your views on my situation where both my original APs are stamped at the POE when I went to India and came back to US. Since I do not have a third AP original, will I have to get one from USCIS or can I use these two stamped ones to return to US if I intend to travel in near future?
Is it possible to go to nearby USCIS office to get a new original AP?
Please share your views,
Thanks!
Can you please let me know your views on my situation where both my original APs are stamped at the POE when I went to India and came back to US. Since I do not have a third AP original, will I have to get one from USCIS or can I use these two stamped ones to return to US if I intend to travel in near future?
Is it possible to go to nearby USCIS office to get a new original AP?
Please share your views,
Thanks!
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chi_shark
03-04 02:02 PM
Thank you for posting it.
Any one else with recent LUDs/RFEs on their pending I-485 ?
me and my fam got lud on everything in nov last year.
Any one else with recent LUDs/RFEs on their pending I-485 ?
me and my fam got lud on everything in nov last year.
GCKaIntezar
12-16 07:05 PM
Guys.. Peace! cut-it now.. this is totally absurd and childish to spend your energies in the type of back-and-forth discussions you're engaging yourselves in. What NYCGal369 started was an intellectual discussion, but now let's stop this downward spiral.
Thanks!
Thanks!
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santb1975
06-02 09:35 PM
This is Great
Contributed $100 for June
Receipt ID: 47W850****
Contributed $100 for June
Receipt ID: 47W850****
more...
chintu25
03-09 10:42 AM
Good one ..itsnotfunny....but I will tell you that each one of us does wait with baited breath for the VB .
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
forgerator
05-25 01:40 PM
I just got a response today from my employer that my labor has been approved today :D under EB3. It was applied on March 29 & approved today (May 25) its just shy of 2 months.
Congrats! That is encouraging to hear. My EB2 was filed on Apr 19, so hopefully will take another month...
Congrats! That is encouraging to hear. My EB2 was filed on Apr 19, so hopefully will take another month...
more...
keerthisagar
05-07 12:08 PM
Guys,
I was very busy till today.
I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.
I have to be very brief. So please let me know if I'm missing any impo point.
Just follow what pappu has said on the first page. We need to stay on message.
I was very busy till today.
I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.
I have to be very brief. So please let me know if I'm missing any impo point.
Just follow what pappu has said on the first page. We need to stay on message.
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gchopes
11-05 01:15 PM
Its been over a month and I haven't received my permanent license in mail. They keep giving temporary 20 day license asking me to wait. Anybody in NC who recently renewed license on EAD and still waiting to get the permanent license in hand?
more...
Libra
09-14 11:21 AM
bump
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insbaby
09-01 10:07 AM
Arrived 2000-February
1st Labor - 2003 - Company A (RIR)
2nd Labor - 2004 - Company B (RIR) (no one knows where it went)
3rd Labor - 2006 - Company B (PERM)
Managed to get a seat in 07-2007 bus
Still sleeping in the bus. Don't know when I reach the destination.
Even if life ends before the journey completes, the corpse will continue the travel until it gets the GC.
(not sure if AC-21s are applicable for corpses)
Poor EB3-I s, they have to travel with many corpses...
1st Labor - 2003 - Company A (RIR)
2nd Labor - 2004 - Company B (RIR) (no one knows where it went)
3rd Labor - 2006 - Company B (PERM)
Managed to get a seat in 07-2007 bus
Still sleeping in the bus. Don't know when I reach the destination.
Even if life ends before the journey completes, the corpse will continue the travel until it gets the GC.
(not sure if AC-21s are applicable for corpses)
Poor EB3-I s, they have to travel with many corpses...
more...
LuckyPaji
07-24 05:42 AM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
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WeShallOvercome
07-15 12:48 PM
Just sent 5 High 5s for our brothers and sisters.
Sent via paypal Transaction ID #33E91850DC876802M
Sent via paypal Transaction ID #33E91850DC876802M
more...
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nk2006
10-21 03:30 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
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makemygc
09-10 02:34 PM
Manish,
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
Rally is not this tuesday but next tuesday. Will that help you to come?
Thanks
MakeMyGC
Though small, I made my contribution ($100 via Google).
I can't make it to the rally this tuesday but just trying to do whatever I can to support the cause.
Good luck,
Manish Jain.
more...
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bala50
09-13 04:07 PM
I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.
Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
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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.
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.
more...
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needhelp!
04-12 11:15 AM
Is there any advantage with starting an LLC if you are the only person working for the company or simply filling out 1040 Schedule C is the better option in that case?
Sole proprietors are unincorporated businesses. They are also called independent contractors, consultants, or freelancers. There are no forms you need to fill out to start this type of business. The only thing you need to do is report your business income and expenses on your Form 1040 Schedule C. This is the easiest form of business to set up, and the easiest to dissolve. (An LLC with only a single shareholder, a so-called single-member LLC, is taxed as a sole proprietor on a Schedule C.)
Sole proprietors are unincorporated businesses. They are also called independent contractors, consultants, or freelancers. There are no forms you need to fill out to start this type of business. The only thing you need to do is report your business income and expenses on your Form 1040 Schedule C. This is the easiest form of business to set up, and the easiest to dissolve. (An LLC with only a single shareholder, a so-called single-member LLC, is taxed as a sole proprietor on a Schedule C.)
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InTheMoment
07-18 02:23 PM
Yes..a fairly correct and concise way of putting it !:)
So now guys realize how RD becomes crucial within the PD current window !
If the window is too current say 06/07 than it may not be fair to older PD's
if it around 2003 the window is not too wide and quotient of fairness increases.
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
So now guys realize how RD becomes crucial within the PD current window !
If the window is too current say 06/07 than it may not be fair to older PD's
if it around 2003 the window is not too wide and quotient of fairness increases.
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
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gc_wow
02-18 03:07 PM
It is April new numbers for the quarter will be available.My guess is EB2 I will move beyond April 1 2004.Once it crossess 2004 then it will be almost in 2006 not many cases in 2005.
qualified_trash
06-01 10:00 AM
she is not stupid!! she is right. Your GC and H1 is being sponsored by the employer not by you. All documents etc are indeed the property of the employer. It is the employer's responsibility to keep you updated of any changes in your status.
Jimi_Hendrix
11-20 09:49 PM
Got legal immigration?
Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.
Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.
Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.
Legal Immigration, Rewarding?
“Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.
Legal Immigration Myths
Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
Myth: Increasing green cards will enable more new immigrants to enter the country
Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.
Myth: Employment based immigrants do not pay taxes and are a social burden
Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
Myth: Employment based immigrants take away local jobs
Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.
Myth: H1B quota increase will result in more green cards
Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.
Future of Legal Immigration
It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.
Joe Adams holds on to his coffee cup while he anxiously reads the immigration news headlines on Google. The democrats have just won control in Washington and like all immigrants; Joe is hopeful that some immigration reform will emerge.
Joe, a native of United Kingdom first came to the United States in 1998. After graduating from Harvard Business School with an MBA he got his dream job in supply chain management. It was not long after that Joe’s company filed for his permanent residency. Life moved on and soon Joe and his wife Kathy had their first child. “The year was 2003” reminisces Joe, “I was really beginning to understand the U.S. immigration process. I was getting a handle on the numerous loops that lay ahead. It was soon apparent to me that immigration was no walk in the garden”.
Of the 940,000 legal immigrants in 2004, only 16% were skilled employment-based immigrants. About 40% of these skilled immigrants had advanced degrees, or 5 or more years of experience after a baccalaureate degree. The impact of these workers’ contributions to American competitiveness belies their small number. They add to the process of scientific discovery, technology development, and innovation, which in turn leads to greater productivity growth. Current immigration policy is abetting brain drain and forcing many of these immigrants to leave for countries like Canada and United Kingdom where skilled immigrants are given priority over undocumented and family-based immigrants.
Legal Immigration, Rewarding?
“Most importantly legal immigration has to be rewarding for legal residents and create a shining example for all other immigrants”, remarks Joe Adams. In the United States, all immigration reform for highly skilled immigrants is bundled with reform for undocumented workers. This phenomenon is representative of the apathy of U.S. immigration policy towards highly skilled legal immigrants. Many of them have advanced degrees in science and technology. They have trained and honed their skills while working in U.S. companies.
Currently permanent residency applications for skilled, employment based immigrants are backed 5-8 years. In the interim applicants are unable to change jobs, get promotions or make any major financial decisions. Highly skilled, legal immigrants need immigration reforms that will reduce massive process backlogs, improve processing by government agencies and better the quality of life while the application is pending.
Legal Immigration Myths
Extremist, anti-immigration advocacy groups have aggressively publicized myths about legal, skilled immigrants. Let us expound some of the common myths about employment based immigration.
Myth: Increasing green cards will enable more new immigrants to enter the country
Fact: Most immigrants who are caught in the employment-based immigration backlog have already spent 5-10 years in the United States. They have integrated socially and culturally. Companies have spent thousands of dollars on training these workers.
Myth: Employment based immigrants do not pay taxes and are a social burden
Fact: Employment based immigrants are required by law to file for federal and state tax returns each year. They pay social security taxes, medicare taxes, payroll taxes and all other applicable taxes. Employment based immigrants are not eligible to receive social security benefits unless their permanent residency applications are approved or unless they have worked in the U.S. for several years.
Myth: Employment based immigrants take away local jobs
Fact: Most progressive Americans realize that educated immigrant workers play a crucial role in stimulating the local economy. Highly skilled immigration fills the gaps in availability and makes the U.S. economy competitive and resilient. A recent study concludes that immigrants have fueled the US entrepreneurial economy, starting one in four venture-backed companies since 1990 and two in five in high technology. This is according to a study released by the National Venture Capital Association trade group to the U.S. Congress in November 2006.
Myth: H1B quota increase will result in more green cards
Fact: H1B has a separate quota from green card quotas. Even after an individual has approved security check, labor certification and employment eligibility; a visa number must be available for him to receive a green card. This quota is subject to annual numerical limits. Based on the current annual visa limit, applications are backlogged 6 years.
Future of Legal Immigration
It is presumed that legal immigration process works efficiently and in a clockwork fashion. However when you consider that legal applicants have to wait 5-8 years for a green card; this statement is false. In the current political environment pro and anti immigrant extremism exist side by side. A rational, middle of the road approach is largely missing. Such an approach would prioritize immigration based on the contribution of immigrants towards economic growth, the reduction of job outsourcing and most importantly rewarding those who chose to enter and continue to reside legally in USA.
Americans largely supports legal immigration. This year, the Secure Knowledge, Innovation and Leadership Bill was introduced in Senate and in the House of Representatives. This bill provides the much needed immigration reforms for highly skilled immigrants. However the democrat leadership has not yet declared immigration on their agenda for the first 100 hours of work. Unless congress collectively passes immigration relief for skilled workers, political considerations for the 2008 presidential elections will put this issue on the back burner again.
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