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  • Ramba
    02-20 10:16 AM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.





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  • shana04
    02-12 04:44 PM
    I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.

    Everything went good.

    Last year in March i did transfered my H 1 B to Compnay C from Compnay B

    and i July last year i applied for my I 485, and got my EAD in Sep 2007.

    Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.

    Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.

    Your Help Will be a big Help for me

    As you said I 485 filed + 180 days. So you are out of danger.

    1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
    2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
    3. Your I 140 should be approved
    4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
    5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
    6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).

    That should take care about your AC21.

    Good luck.





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  • eb3retro
    01-31 02:03 PM
    Well, everyone wishes the rumour to be true.
    But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.


    Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.

    Core members - what say you???





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  • BharatPremi
    08-30 07:08 PM
    There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
    I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
    Botomline, do not loose hope and work hard.

    FIrst of all congratulations to get through this gutter. Though I have a question: Why did not you think of applying under F3 since your mother is already a US Citizen?



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  • chanduv23
    07-10 09:31 AM
    The idea is - use this guy and expose media that gives false news or that supresses real issues and force those types of media to bring our issue to limelight.

    I have heard all media saying "We are immigrant nation", "we need skilled immigrants", "'We are not racist", etc.. then again the same media says "Immigrants are overstaying visas", "There is quota, we cannot do anything", same media has supressed microsoft's news about the Canada development center just because it involved immigration.

    I am of a strong opinion that media is controlled by politicians, the reporters who said they will cover the flower campaign - chances are that their bosses may ask them not to or give them another assignment ???





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  • Leo07
    06-24 12:42 PM
    I think finding 'floor time' will be a major issue...compared to votes. GOP would have recognized by now what caused them to fail last time...



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  • ssnd03
    02-19 10:09 PM
    Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.

    If this cannot happen for you then you should look for a change towards this provision.

    But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.


    Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.





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  • gcsim
    06-05 09:33 AM
    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead

    Just a query how did you came up with the date of April 2005.



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  • willwin
    02-18 11:36 AM
    :rolleyes:

    Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.

    Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.


    Internet/ssnd03,

    I would like to clarify few things on behalf of CP filers:

    1. Taking CP or 485 route is a personal decision and none of the CP filers have to justify you guys especially when you do not have a pragmatic approach to this issue.

    2. If CP filers were not contributing to IV because they were not seeing any benefit out of IV efforts; what do you expect from CP filers to win your kind heart? Contribute in every single way even knowing that IV would do nothing to CP filers? How many such great souls do we have among 485 filers who are here just to get their GC sooner (which means I am not talking about volunteers who have GC but still helping IV - kudos to you guys).

    Tell the 485 filers that IV will only take care of members whose PD is over 3 or 4 years old and see how many of those birds will still be on the IV tree!

    3. There is no sin, stupid logic in CP filers (who are already in the USA) asking for a provision like EAD. And, CP filers are asking for it just because of the severe retrogression we are in. And they would not have asked for it if there was a separate VISA numbers pool available for CP filers.

    You are (or were) just a beneficiary in this system like every one else. CP or 485, every one have equal right to bring up their issue to the Govt.

    485 guys want to speed up the name check, multiple year EAD, AP, increase visa numbers to infinity, remove per country limit, make EB2 current just because you guys made a decision to go with EB2 assuming that would be a faster queue. you guys even change EB3 to EB2 to speed up application and even sue USCIS!!! And all this are fair!!!

    But a guy should not opt to go for CP assuming that would be a faster queue. Even if he/she does, should not come back and ask for ANY benefits even if the queue comes to a stand still for a decade because of all the July filers!

    If the core members come and out and say that IV is only for 485 filers or only for those who have made contribution, then CP filers would take a stand.

    Until then, chill out and do not show your frustrations on CP guys.





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  • CWYGC
    04-01 10:47 PM
    Sent both fax



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  • funkmaster
    04-03 01:00 PM
    Done !





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  • Gravitation
    07-06 03:47 PM
    Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...


    http://immigrationvoice.org/forum/showthread.php?t=6025


    thank you

    It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.



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  • kaisersose
    08-24 10:45 AM
    Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.

    Since ther is plenty of approval going on everyday.

    They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.

    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?
    Edit/Delete Message

    These approvals happened weeks ago when PDs were current. These cases were already processed and were only awaiting visa numbers. Assigning visa numbers is a trivial task.

    The harder task of updating records and generating paper work takes time and that is why you see approvals coming out daily. USCIS cannot even generate receipts in a timely manner - why would they be any quicker on paperwork for GC approvals?





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  • hopefull
    07-06 04:13 PM
    http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US

    22 diggs already. 500 diggs will make it a top story!


    LITERALLY BEGGING FORYOUR GCs.

    THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...

    NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...

    SHORTCUTS ...huh ...??


    DISGUSTING



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  • venkygct
    09-06 09:24 PM
    ^^^^^^^^^^^





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  • GC_2008
    11-20 08:17 AM
    This thread is interesting... US is headed to a economic slowdown currently (everyone knows that), and Bernanke (the fed chairman) and others are working hard trying to guide this country to a "soft landing". Some foriegn banks/investment firms have already withdrawn US market from their investment lists/porfolios, and this will get worse for this country. Japan went through a major slowdown in the 90s and it took them more than a decade to recover. As funny as this post can be, but US will have to look at every angel to stablize their economy, even in a small scale. This does not isolated to housing only. Issing green cards to highly skilled immigrants can only better this country, not worse. After all we put greencard into good use and I believe most will agree on this.



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  • Berkeleybee
    03-10 12:41 PM
    Sbdol,

    Our goal from these meetings is simple: to get the issue on the radar.

    Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.

    All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.

    BTW, sbdol what volunteer team are you on?

    best,
    Berkeleybee





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  • snathan
    06-17 09:31 PM
    Below are some links for those who are looking for visa stamping related 'disaster' stories.... I think this is a lost cause since the DOS/DHS really does not care...justice and fairness is probably not in their dictionary.

    http://immigrationvoice.org/forum/showthread.php?t=18760
    http://immigrationvoice.org/forum/showthread.php?t=19066
    http://immigrationvoice.org/forum/showthread.php?p=270800#post270800
    http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=4724019812&m=772108581&p=57
    http://www.facebook.com/group.php?gid=50933335266
    http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html

    If possible contact those affected members and spread this news. We can draft a letter along with their stories and send it to all media and congressmen, DOS officials.





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  • rahulpaper
    11-27 08:00 PM
    Count me in...No FP





    glus
    04-13 12:09 PM
    I am sure this is the right place to ask such questions but I could not find other thread to post my question.

    When we file for I-485, what document do we need to attach to the I-485 form?

    Do we need valid Passports?

    In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...





    smartboy75
    08-20 07:09 PM
    Complaint to USCIS...I know of one such body shopper who did the same thing...sold one labor to 10 people...when the fraud was caught...the employer was arresetd and the remaining 9 people who bought the labor were deported out of US...u should get the labor bak in ur name....fight for it...if you think this may bring ur downfall....take down ur employer with u...



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