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Saturday, June 11, 2011

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  • GCWhru
    07-16 08:37 AM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    I am not sure how important the processing dates update, If you look in , there are many approvals whose mailed/application dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

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  • martinvisalaw
    07-17 11:42 AM
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.

    There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:

    $320 I-129 fee
    $1500/$750 training fee (as it's usually called)
    $500 anti-fraud fee.

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  • Canadian_Dream
    01-18 05:01 PM
    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information. D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.

    Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.

    Read below and find it yourselves

    A) What does it cost for average family of 3 for EAD and AP renewals?
    EAD Renewal Fees Form I-765 - $340
    AP - Renewal - $305
    Document Mailing/Correspondence - $ 30
    Photographs cost - $24
    Total per person - $699
    For 3 years, $2097/ person
    For 3 applicants in a family - $6291
    Driving Fees Renewal 3 times - $120 per family
    If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
    New I-9 forms to employer and all other mess $10
    Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.

    B) Contrast this with the effort to participate in the IV Campaign..
    Time that will take to write these letters - 30 minutes
    Stamp and Envelope Cost - $2

    Which is better? Red or Green. Do the math yourselves and see the truth.

    Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..

    Campaign Link
    Tracking Link

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  • starseed
    07-21 05:49 PM
    I did read some other posts re: this, but I'm not too sure how to go about it, what to say to them, etc? Should it be in writing, by phone? Plus the state of CA is so overwhelmed with budget issues, do you think they'd want to devote time to it? :confused:


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  • EBGreenCard
    07-30 12:40 PM
    True for most of us on this forum.

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  • Lasantha
    07-31 07:28 AM
    For evaluations try Sheila Danzig at

    From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.


    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.



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  • h1techSlave
    02-12 01:06 PM
    Nice idea, but they should allocate new visas for home purchasers.

    Any ways, I have signed the petition.

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  • bbct
    02-01 03:13 PM
    Thanks for each on every one of you!

    some gave me red, its ok.

    I had a problem which I though of sharing, may be some one could provide some insight.

    It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.

    But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.

    Could you please share the city and apartment complex name so other people are aware and would be careful in moving?


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  • vvincent72
    08-16 04:59 PM
    As per me, you really have to do "nothing"

    1. You continue working with your present employer
    2. Let the contract company get your H1B approved
    3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
    4. Wait for 6 months
    5. After 6 months you will get EAD.

    I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons

    The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485

    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!

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  • Berkeleybee
    02-05 09:28 PM

    My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.

    This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.

    My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.

    I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.



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  • fatjoe
    10-31 12:42 PM
    My EAD application has been pending more than 90 days.
    Just called the USCIS office.
    Look like the center it has been sent to is processing EAD's of date: May 03.
    So my application is still 2.5 months away.

    The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass:

    Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
    Looks like it isn't :)

    Did you get your FP?
    I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.

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  • felix31
    10-05 02:31 PM
    same here,

    we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for least, not yet!

    anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..



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  • eyeswe
    02-11 06:11 PM
    Now you know why Immigrants are needed! The Math......Sorry did not mean to hurt anyones intelligence with my peas sized brain... Good catch..

    A good article supporting a sensible plan.

    One minor correction however.

    "Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."

    The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.

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  • ndialani
    11-21 04:31 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?


    I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
    We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
    You just walk across the border. No questions asked. Get a cab, they all know it!!!!
    i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
    Get the draft and walk back there. you will be required to show your passport at the bank too.
    If you are in a group or couple of you. One can stand in the line and other can to to the bank.
    Sprint phone works well over there at the border.
    If you have an I phone.....o'well!!!
    If your case is straight should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
    If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
    We did not take any permit or visa as it is within 20 mile distance.
    On over way back , we got a new I-94 at homeland security office. It is very important.
    any questions....feel free to PM me.
    Good Luck!!!


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  • thomachan72
    05-26 08:16 PM
    Has anybody tried booking an emergency apointment? I was checking that some time back when I wanted to go urgently and it says that it is for people wanting to visit US for urgent family matters and not for people who are currently in the US and visiting home country. Anybody has tried this (going from US to get visa stamped in India in an urgent situation?).

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  • eb3retro
    12-11 02:54 PM
    Hi there

    I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.

    Are there any other ways to make this possible?

    one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.


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  • k_usa
    08-10 11:37 AM
    I don't think it is correct.

    Because i applied for my wife's H4 extension last year and i have sent a check without any address to USCIS, and my wife's H4 extn approved without any problems.

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  • krishmunn
    05-25 10:49 AM
    I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

    Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

    everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?

    I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
    I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.

    Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !

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  • chanduv23
    04-21 01:44 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.

    08-15 03:32 PM
    I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close

    Did you use AC21? how long ago you applied for 485?

    10-28 01:18 PM
    Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

    I Wish God Give me Strength to Fight Legal Immigration Injustice.

    When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

    So, I know god is with me.

    Wish all so deserved people Green Card this year.
    This is the first time I came across.

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