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  • CADude
    11-21 10:05 PM
    If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.

    She suggest unless MTR get open. You should not even work to avoid the issues.

    So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)

    Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.


    Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer




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  • pappu
    09-03 10:48 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -




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  • spicy_guy
    10-21 06:49 PM
    I am still not sure, if its considered 8+2=10 months to complete the PERM labor or we should just consider 2 months from start. Every application should go through the first part of it ( in this case 8 months). Right?




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  • h1techSlave
    10-01 10:27 AM
    EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.

    What can we do, so that USCIS does not really issue that many FS category visas during 2007 - 2008?



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  • Jaime
    09-13 12:36 AM
    bump




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  • mw_immi
    01-07 08:37 AM
    Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.

    Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.



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  • GOTGC
    07-24 01:35 PM
    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)


    They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE




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  • immi2006
    08-18 10:45 AM
    There are a few hundred cases of Eb2 and 3 getting approved in my American company.

    People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
    From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.

    Anyway, good luck to all



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  • raghav0
    08-23 10:45 AM
    I guess most of us under EB-3 can kiss our GC dream goodbye!! If we remain under EB-3...we will be waiting here forever and we cant move onto EB-2 with the new rules they are proposing....What a way to start the week!!!




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  • skv
    06-22 11:18 AM
    Mine is filed on May 14th at Atlanta :-(. My employer told me that off late it's taking anywhere between 90 to 120 days.

    But I hope I can beat this time after 5 long years. :-)

    Cheer up guys, nothing to gain being sad. :-)



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  • Macaca
    09-17 07:39 AM
    Congress quietly returns to immigration (http://immigrationvoice.org/forum/showpost.php?p=167577&postcount=1090) A broad overhaul failed this summer, but an array of smaller measures is under discussion, including ways to legalize certain workers By Nicole Gaouette (nicole.gaouette@latimes.com) | Los Angeles Times Staff Writer,
    September 17, 2007

    Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
    Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.




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  • IAMINQ
    04-02 02:36 PM
    I received my labor approval in dec 2005 from Philadelphia Backlog Center

    Priority Date: March 2004, EB3

    Filed from Philadelphia Region.



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  • vin13
    03-04 04:45 PM
    Both my wife and I got RFEs in October for medical test and now the status shows "Case Resumed".

    How do you find out if your case is Pre-Adjudicated?




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  • flipflop
    10-03 05:10 PM
    Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.



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  • sri1309
    08-14 10:54 AM
    I would name such a fund "Visa recapture fund" or something that clearly identifies our requirement. But again, we will not be very loud if you contribute to such funds as, when compared to many others who contribute, our number is very small.
    We must be able to push ourselves forward with the clear banner and express ourselves.
    Sri.




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  • 485Mbe4001
    07-21 01:46 PM
    It is certainly a good deal that we are able to file for 485 and we can enjoy the benefits of EAD/AP.

    Mark my words...when apply to renew your EAD and you are not sure if spouse can work when one EAD has expired and the other is in the process of being approved you will realize what we are trying to say...after you keep applying to renew AP/EAD 3-4...one beings to wonder if it was all worth it.

    In short, after we file our 485/EAD/APs we should work with IV and try to lobby for better laws...we should not be complacent and think our work is done, we crossed a small hurdle thats all.


    Stop Showing These Numbers, Assumptions... Alright You're Good In Mathematics.. #@#~! Vb Or C#... Whatever... Give Those People At Uscis The Benefit Of The Doubt... I Think They're Not That Dumb Like What You Think... Maybe You're Not Happy With You're Employer...cant Wait To Leave...



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  • ragz4u
    03-08 10:28 AM
    This is the right link. It is very clear today. Interesting discussion.

    Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame




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  • virald
    10-01 05:20 PM
    Let us wait for the statement from USCIS

    Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:




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  • Milind123
    09-16 02:12 AM
    Important people (lawmakers and others who can make things happen) know there is a problem with GC. They don't know how big. We show up in small numbers; well, they are going to interpret it like that; a small problem; as simple as that. To solve small problems takes big (long) time.

    The funny thing is, if this happens; people who knew that the size of the rally mattered, and who could have very easily showed up, but will not come, assured in their mind, other people will show up, also end up being losers.

    You want to know who these people are; people who will go to the office that day, people who do not have a single (even unimportant meeting), people whose boss don�t care if they are in the office or not, those who have no deadlines, those who have plenty of PV days left, those within 100 miles of DC, those who can pick up the phone on 18th and tell their boss about taking a day off (and the boss replying �OK That�s fine�), the people who will waste their entire freaking day going to sites like CCN, ABC News, Samachar.com and god know what other sites, trying to find the latest news about the rally, and once in a while folding their tiny hands and looking up at the roof of their cubicle and murmuring �Please God, make this rally a grand success�.

    No amount of coaxing, urging, reasoning, and other forms of persuasion will ever let us drag you out of your cubicle.

    Confused if you belong to this group. Think hard for about 10 minutes before you start insulting me. Maybe one of the above points doesn�t apply to you. In my dictionary, not attending the rally, certainly doesn�t put you in this very special group of people. All the points stated above need to be applied (including the prayer point) to you, to qualify.

    Please also visit

    http://immigrationvoice.org/forum/showthread.php?t=13427




    coolmanasip
    07-05 10:15 AM
    good one.....I have also sent a letter to my state senators....will go to the congressman office




    Robert Kumar
    03-15 05:43 PM
    btw you can check it out at

    welcome to the icert portal (http://icert.doleta.gov/)

    !!! T h a n k y o u !!!



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