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  • anilkumar0902
    08-13 02:52 PM
    I noticed a soft LUD today on my wife's case but no update on mine. Does this mean anything...
    PD - Oct 2005 - still waitin.........

    That may be good news..not sure though..

    3 questions..
    Who is the primary applicant ?
    Did you create an SR ?
    Did you have an Infopass ?

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  • gc_chahiye
    10-17 07:28 PM
    i heard from my lawyer that we shoud combine them...will talk to him again on Friday...lets see wat he suggests...

    does anybody know the process of combining or withdrawing one set....

    withdrawing is just a matter of sending them a letter and including your receipt number, asking for that application to be withdrawn.

    I am worried about withdrawing because (they have been known to do silly things) of the risk that they withdraw BOTH petitions. We both have somewhat recent PDs, and wont get a chance to file again for YEARS! Might as well let them find out and ask what-to-do. My lawyer is simply waiting for the RFE!

    There is also a chance that they dont even bring up the issue of the second application and the first one gets approved in due course of time...

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  • desi3933
    08-21 11:00 AM
    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.

    Thanks Pappu.

    >> Visa recapture is the best option.
    I agree 100%. Visa Recapture from earlier years can provide relief to many applicants (across categories). This year, being an election year, does not look very promising for any new law for Visa Recapture. Hopefully, in 2009, this has much better chance.

    Proud to be an Indian-American and Legal Immigrant

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  • sc3
    08-20 07:54 PM
    Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.

    Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.

    INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.

    It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?

    This is awesome lead. It suggests that barring 203 (which does not talk much about per-country limits) and paragraph 2 (which goes moot when there is spill-over), there should be no discrimination. But does the anti-discrimination apply to "qualification requirements" ?? That will be the counter argument against applying this section.


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  • gc_chahiye
    08-23 09:20 PM
    Hey guys,

    I asked a few questions regarding multiple filings to Rajeev Khanna, see question no 15....

    and his answers are recorded in the following link...

    FBI name check will be done once only...and if we ve not mentioned on both 485 forms about the other one we should write a letter to INS and inform them....which wud help in not delaying...

    If u ve any other info plz share....


    The links in the prev post are broken, here are the working ones:

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  • walking_dude
    10-28 11:24 PM
    I sent mine. Did you?

    Folks, all other issues can wait. AC21 is one silver lining in the GC journey which is otherwise filled with the dark clouds of Retrogression. We shouldn't let this benefit be taken away from us through unfair denials.

    You may not be a AC21 beneficiary now, but may have to avail it sooner or later if the economy continues to tank, like it's doing now. Most economists don't see economy recovering for couple more years.

    Act now, instead of regretting later.


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  • gcnirvana
    06-15 01:44 PM
    I have a question regarding this whole idea of filing on your own:
    Whats the reason for doing this? Is it because:
    1. Attorneys will be busy during this time
    2. Employer will not file 485
    3. Bad Experience with Attorneys
    4. Anything else please explain

    If 2, whats the guarantee that he will not cancel your LC/140 once he knows that you are filing on your own?

    Sorry about bringing this up. My employer is ready to file 485 but not EAD and AP. He says if we don't renew our EADs on time then we will be out of status and hez seen lot of such cases. Can I file EAD and AP on my own and let my employer file 485?

    Thank you all for the patience!!!

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  • rogerdepena
    07-18 10:11 PM
    It is very important that we have all Lou Dobbs resources handy in one thread. I blog his LIES and need this info very quickly before the blog closes. Please contribute to this effort. Thanks!

    Please note that we need to collect facts (with URL) rather then IV member opinions!

    im blogging too. i suggest we share articles. i just made mine today. here's the link:

    i'll try to update as often as possible.


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  • QB_man
    02-15 02:12 PM
    Can anyone tell me if we have to wait on the DOS number all the way till we hear a voice or can we dial an extn? also is there any other number that my employers can call?

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  • manand24
    09-14 11:30 AM
    I have not received any reciept notices yet. I also filed on July 2, 2007.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending


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  • Lasantha
    05-17 10:25 AM
    Hey Guys,
    Can you please tell me in what form you get your advance parole (AP)? Is it like a Visa stamp on your passport or is it a temperory card like the EAD?

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  • saileshdude
    09-16 11:04 AM
    You could be stuck because of background/name check. Check my previous postings where I sent a link to one of the documents someone posted when they got is using FOIA. At the time of final approval also some checks are initiated and that could cause delays also.

    I got the SLUD on 9/3, 9/4, 9/7 2010. Showing the same message under review.waited all these days hoping for good news.No good news.called c/s(customer service),got response that they only "touched your file on 9/3,but don't have idea what IO did."
    Came to US more than 10 Yrs before.still waiting.
    PD Jan 2006 EB2 I.
    Mine is self labor without any complication,except filed AC21 in 2008 from a good client.
    No cheating in the whole process,still not getting GC.
    Anyone in the same boat, please share your experiences.


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  • Lisap
    09-07 12:32 PM
    Just curious.... When do they do the name check? Is it after the fingerprints are complete??

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  • bhagyesh1679
    02-12 11:09 AM
    Hi all,
    I am planning for a trip to india and get my first visa stamping done some time in may. My visa was approved in july 2007. Does anyone think that this issue will prolong till may? Or will all these database updates for the PIMS verification checks be complete by then? Any inputs will be highly appreciated. Thanks.


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  • 485Mbe4001
    08-25 12:43 PM
    I agree nobody cares...for now, from experience i can tell you that i have advised most of my juniors to try MS in Australia, they can get an Aussi citizenship faster and most have listened. I am sure i am not the only one saying so, this could and will eventually affect the number of students(and the quality) coming here for MS/Phd etc, agreed that US is still the best place for a post graduation but the visa hassles of getting an EAD/H1/GC is not worth the effort, most of the students coming in will be over the hill in terms of their growth by the time they get the GC, if they get it in the first place...imho. I have had friends in EB1 NIW stuck in a mess for years.
    IF you talk to the kids working in indian companies, most will tell you that they want to come to US for short term projects. Most know the mess that we are in. Sometimes we are so preoccupied with our issues that we are not aware that the world is watching us and learning from our mistakes

    btw:- i did not give you the red dot, if you are offended by it you can email IV about it, they can easily query and find out who gave you the dot. (to the guys who post "anonymous" is not as "anonymous" as you think)
    Try that and see what happens. :D :D

    Nobody cares if you stay here or go back.

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  • tnite
    01-03 10:25 AM
    Not sure I understand this line
    If things continue this bad, am planning to use my AP to travel back to the US.
    How can you come back to US w/out passport?

    VO doesnt keep your passport if a via not issued at the time of the interview . He gives it back after the interview. Once you receive the email , you have to go the VFS office and then had in the passport.


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  • sheela
    09-28 07:00 PM
    I doubt the USCIS has any rules regarding processing queue. Some people are waiting 10+ years, others receive approvals in 2 months.

    My understanding on this is - after I-485 uscis works on RD and if your FP/NC is cleared PD is looked at for preference in each category but uscis won't wait guy stuck in nc for 10 yr to make way for your gc. If you are lucky you may get it sooner than you expect

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  • Wendyzhu77
    08-21 03:42 PM
    I believe they already answered the question: they claimed the previous allocation scheme was wrong and the current is correct. There is nothing more you can possibly get by questioning on this issue. Even if there is anything behind the curtain, that explanation covers everything perfectly and there is nothing you can do about it.
    We can definitely question them on how their understanding changed on visa spill over distribution.

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  • immi2006
    11-07 09:46 PM

    I saw two LUDs on my 485, I found out one was after FP, the second one was after FP, BC clearance. I found mine was in name check
    and USCIS officer told me, the name check is done for all. it takes 2 - 6 months time frame.. and for some it may be beyond

    05-15 12:33 PM
    Thanks for the reply..Sanju.

    Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?

    Do you need to change H1-B ???

    Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed.
    And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.

    01-07 05:37 PM
    i am asking you guys in this thread...
    who support this idea and was here since 1998 or atleast from 2000
    (Pls note you shd have started your GC process on or before 2000. Then you know the things.
    If you came in 1998 and started GC just 1 or 2 years back..You may not be knowing the reality.)
    pls come forward...

    I am not questioning or discouraging your intentions/enthu/aggressiveness...

    I am asking not to waste the energy on useless things.
    Pls concentrate on GC related things which will benefit everybody.

    People laugh for the resolutions you suggested , if they can be proposed to any legislative member.

    Been here since 1998. Filed labor in 01 but was revoked due to tech downturn. Filed again in 05. Fortunately my GC was approved last Aug.

    I think the final goal for most folks is citizenship.. including some of those who dont want to stay here permanently. Waiting 15 - 20 years for citizenship makes no sense.. if they are thinking of giving it to illegals in 10 years, whats wrong in asking?

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