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  • chanduv23
    07-17 10:47 AM
    Not sure if people have noticed but in the new processing tmeframe - TSC shows EAD as being processed as of March 02.

    For those who applied for EAD in recent weeks or months, this may become a serious issue if EAD does not come in time.

    I applied for EAD in June 9th and still waiting.

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  • neelu
    12-11 02:25 PM
    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??

    Yes, I was wondering the same thing.

    The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.

    We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.

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  • AirWaterandGC
    05-05 10:54 AM
    I live in Chicago suburbs. Please add me.
    However, every Thu-Sun I am in Minneapolis.

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  • bsbawa10
    01-06 02:34 PM
    Last year I had already filed for married filing jointly before stimulus check thing was in discussion. From what I understand once you file married filing jointly you cannot amend to married filing separately. You can amend otherwise.

    Anyhow this year if I do my taxes separately I end up owing to IRS. Does anyone know where to look for info for amendment?

    How funny and no brainer this is ? We can give taxes (thousands and thousands of dollars) and no body says , "since your wife is not having SSN, you do not have to pay taxes". But while giving back tax rebates of $1200 to $1800 or so , they say, so.


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  • thomachan72
    08-17 02:06 PM
    EB2 is for advanced degree with exceptional ability.
    3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
    Diploma is not considered for GC. It is useful for H1B.
    Try in EB3. Still not give 100% guarentee.
    They need 4 year single source education/degree, for US equivalent.
    My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
    USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
    It equate 3+2 Indian degree (not diploma) to US 4 year degree.

    Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:

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  • immique
    06-18 07:54 PM
    Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?

    Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?

    I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.

    Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?


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  • gsrknth
    03-09 05:02 PM
    I would suggest you to renew it here in US. If you don't have time to mail in and receive , then you can visit the consulate and get in back the same day. I am sure it would lot of time in India :-)

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  • unitednations
    02-08 12:11 PM
    Isn't the UK issue different.

    They are trying to change rules retroactively. There is no such thing going on here.

    A similar stance would be if in midstream: lawmakers changed retroactively that only if the job makes more then $150,000 it is qualified for EB2; only companies with revenues of over $20 million can apply for greencards. If they changed the rules retroactively in USA which would preclude people who are already in line; then you would see massive amounts of protests.

    However; what is happening in UK is not the same issue here. Same thing happened in Canada a few years ago when they changed the point system and wanted to do it for people retroactively.


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  • pratibha
    03-06 08:30 PM
    I am 19 yrs old and on H4 visa since Sept 2002. Will this act be of any help for students on H4 who will get be aging out shortly at 21 yrs.
    Your valuable input will be of great help. Please share your views.
    Or is the act only for students of Illegal parents.


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  • go_gc_way
    06-22 10:46 PM
    After reading other posts I am inclined ot think may be only SSN Taxes issue can be appropriately presented to Minister. Because if read correctly and other posts here are right, other country citizens in US get their SSN back because of a special treat.

    So Retrogression is a problem but can not be represented to Minister due to reasons posted here !


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  • uma001
    06-18 04:01 PM
    Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.

    Any thoughts ?

    Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks

    So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.

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  • maverick80
    02-05 07:22 PM

    Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!

    My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.

    Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.

    Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.

    Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?

    Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.


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  • acecupid
    07-02 06:12 PM
    Once you send the emails, post a message on this thread so we know how many are actively working on this.:D


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  • abhilashny11
    12-02 06:02 PM
    Hi Experts,
    The question i've is:
    I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.



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  • pappu
    11-13 01:00 PM
    A top national reporter wants to speak with someone in EB
    community who may have recently lost his/her job due to current
    economic situation. I think it would be best for our cause for someone
    who was offered a new job possibly in the 'same or similar' area
    immediately after losing their job. It would help to highlight that
    the highly-skilled immigrants are in demand because of their skills
    even when the economic situation is not doing well, but, there is no
    reason to keep us in limbo for over a decade, merely to test our skill
    level. There are better ways to test our skill level. If you or
    someone you know fits this profile, kindly email your information and contact details to info at

    The reporter will also highlight the housing angle and that we can
    start new ventures that could potentially create new jobs to uplift
    the economy.

    This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.

    Actually, what I'm looking for is very broad -- anyone on a work permit
    who is concerned about the current economic situation and job losses in
    the U.S. economy.
    The reporter is trying to speak to immigrants waiting for their Greencards about their concerns about job security, if they have a plan B, if they've been pushed out in restructurings/layoffs and moved to a new job, etc, as they hear the layoffs this year are affecting such people, particularly in the
    financial sector

    So I guess a lot of people on the forum will qualify. If you are good with interviews, pls contact asap.

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    09-01 03:44 PM
    Please post your concerns to this thread:

    This is being monitored and you will get more correct information.


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  • WaitingForMyGC
    08-29 10:39 AM
    Is FP, a required step for EAD/AP or it's just for AOS?

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  • gccovet
    09-19 10:53 AM
    Can we utilize the US Citizen children to campaign for our cause. We can highlight our cause better that way. We shall certainly get more attention. We also must make sure to highlight that we are LEGAL immigrants.

    I don't think this will fly, two reasons (but we can always try)- Not trying to discourage the thoughts/actions.

    1. US Govt. revoked the policy to grant legal status to parents of US born children few years back(per NumberUSA they are called Anchor Baby-- go figure.. I hate this term very much).

    2. I had read somewhere of similar case where a family tried to appeal for themselves in a court arguing that his US born child has all the rights to be raised in his country of birth and that he would need his parents to do so, hence the plea. They were told that they could take the child back to home country and US will be glad to welcome the baby when he/she turns 18.


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  • abh
    08-11 02:17 PM
    Thanks all for the replies.

    Here are more details.

    My receipt no. is starting with WAC. I had already got transfer notice in September 2007 about getting transferred to NSC as they have juridiction over my case.


    01-19 10:05 AM
    thx very much for the reply..
    but about my F1 status I140 approval, is it a violation ? Can I submit I140 while I am still in F1 status?

    Thanks again for the reply...

    Since I140 petition is for future employment, it shouldn't matter that you were on F1 when it was filed. However, you may have a problem with adjustment of status. You may have to do consular processing if you are still on F1. But since you've changed to H1, I don't think it matters again. Could you consult an attorney or pose this question at the next attorney conference call?

    06-18 12:54 PM
    It appears that most of the one sided agreeements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.

    I think only 2 side agreements are legal and all other agreements even if you sign are not legal.

    (pls confirm with ur lawyer ...)

    Yes , i am with you.

    LostInGCProcess , whats you said is also right in few cases, But in cases of employment it could not be.
    If i ask a person to sign on a piece of contract , to be my slave ..Would it be legal :-)

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