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  • rajenk
    02-07 08:57 PM
    Hi Guys,

    Isn't EAD application I-765? What is I-131? Excuse my poor knowledge on the USCIS forms





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  • coolmanasip
    05-29 01:30 PM
    Did you guys get a soft LUD before the RFE? How many days lag if any?

    Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?





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  • agc2005
    09-06 09:52 AM
    Last year me and my wife had same issue with EAD and AP , we had to send them back with new application, new photos, passport photo copies and cover letter explaining that it's USCIS Admin error, we didn't send the checks.

    Later we received corrected EADs after 5 weeks, but for AP it took about 2 months.

    agc2005
    PD: EB2 3/2005
    RD: 07/02





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  • Eberth
    10-15 10:05 PM
    yeah is a paw print:rambo:
    i need it for a website i'm working on



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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.





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  • eb2_immigrant
    06-15 04:17 PM
    USCIS Proc Times Update 06/15/09
    NSC I-485 Sept 1st 2007
    TSC I-485 Aug 17th 2007

    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?



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  • glus
    10-21 08:32 PM
    All,
    I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
    Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
    Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
    I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
    The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
    Is it a right strategy? Please comment.

    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,





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  • logiclife
    05-11 11:47 AM
    Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR�s talk show �Talk of the Nation.� They�ll be looking for people to call in with their stories.

    All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.

    Avoid bashing illegals or any other groups. Its not IV policy and should not be done.

    We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.

    STAND UP AND SPEAK UP.



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  • anoopraj2010
    07-29 08:11 AM
    My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
    Questions :
    1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.

    She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.

    2. What will happen to her case if something happens and I pass away while she is waiting?

    3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.

    4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".

    Your help would be much appreciated.





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  • tabletpc
    07-29 10:59 PM
    If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.

    Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.

    If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.

    Yes if it gets rejected...u need to take an appointment in india and return to US.



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  • desi3933
    05-11 05:11 PM
    Hello Attorney,

    About Myself:
    =============
    Myself EB2 Mar-06 now in I485.
    deeply concerned about the current retrogression of eb2 priority date to 2000.

    Background:
    ===========
    Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

    However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
    Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

    The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    Question:
    =========
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified ? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.

    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin





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  • sandy_anand
    08-11 02:06 PM
    Good post, gave you green! Wish people would come forward to donate and/or volunteer.



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  • mpadapa
    05-15 04:54 PM
    r2i2009,

    Rep Lofgren and other reps (who co-sponsor) have put in lots of effort to get 3 bills (HR 5882, 5921, 6039) that address our issues. They are seasoned veterans and they know what will pass when.
    U'r comments are extremely rude to their efforts.
    How do U know what will pass or not, are U the adviser to the house speaker?

    Please channel your energy towards a time critical action item on the following link
    http://immigrationvoice.org/forum/showthread.php?t=19113


    The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

    Our problem is the least of the problems the country is facing right now.
    They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

    So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

    Secondly, GOVT would lose EAD renewal, AP revenue etc.

    So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.





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  • prioritydate
    08-14 12:26 PM
    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.



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  • waitingnwaiting
    01-21 08:00 AM
    I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.

    but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.

    Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.





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  • anyluck?
    06-08 01:53 PM
    I could not attend.Thanks for the contribution you are providing to us.

    Contributed $100.
    receipt no : 4703-1115-6249-7039



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  • bkam
    01-31 10:55 PM
    Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.

    These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.

    This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".

    I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.

    In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.





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  • Pineapple
    08-01 11:05 PM
    It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
    So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..





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  • immigrationvoice1
    03-06 02:21 PM
    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved

    You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.





    vandanaverdia
    09-09 03:26 PM
    With inspiration from the TX chapter thread "Simple Math"

    Dear WA IV Members:

    We have approx. 3 people representing WA attending the DC Rally. I am sure many of you fall in either of this categories:

    a. Family reasons
    b. Economic reasons
    c. Work reasons
    d. Ignorance - I don't care.

    I honestly would love for those who fall under category D to look back and do some simple math:

    I am sure most of you earn between $25 to $35 /hour, aka. An average of $30/hour (pre-tax). There are 176 paid work hours a month. Which puts you in the range ~ $60,000/yr (pre-tax).

    Those of you waiting for a GC, have some sort of an agreement with your employer (verbal/written). Let's assume that your employer with some calculation makes adjustments to your pay, reasoning that they need to bear the expenses for lawyer fees, application fees etc.

    That's approximately $2500 for a 3 yr H1B work visa. The employer obviously marks up this cost as a result your pay decreases to $55,000.

    Lets ballpark ~$10,000 towards the following:

    a. Attorney fees
    b. Job Advertisement
    c. PERM
    d. 140
    e. 485
    f. Number of Hours spent by you to the make the above steps happen.

    THE ABOVE ARE VERY CONSERVATIVE ESTIMATES.

    Imagine what a GC would do to your paycheck! Your $55,000, with just a GC, would put you on par with everyone else for jobs in your field of expertise. Your pay scale has the potential to jump to $80,000/year (Conservative estimates).

    Thats an increase of 45%.

    The total cost you have so far spent in staying legal in order to work in a highly skilled job while waiting for your GC is:

    $5,000 (6 yr H1B)+ $10,000 (I-485 pending) = $15,000

    The total cost of your trip to Washington DC would be in the range of $400 (Including lodging expenses). This represents 3% of the total cost you have spent waiting for your GC.

    Assuming that by attending the DC rally, the lawmakers take notice and a special legislation is passed to expedite GC applications and provide sweeping temporary status to those waiting for 485 adjustment of status which would give you the same privileges as a GC would give,

    YOUR INVESTMENT OF 3% JUST GOT YOU A 45% INCREASE IN YOUR ANNUAL SALARY.

    If that is not a reason for you to stand up now and help yourself to that return on your investment, either you are a bad investor, or related to the likes of Gates, Bezos and Buffet families.

    YOUR ARE NOT WASTING YOUR TIME IN ATTENDING THIS RALLY. YOU ARE HELPING YOURSELF TO A BETTER LIFE. I CAN'T MAKE DECISIONS FOR YOU. I CAN ONLY HELP YOU UNDERSTAND THE POTENTIAL. YOU HAVE TO MAKE YOUR OWN DECISIONS FOR YOUR OWN LIFE.

    The cost of attending this rally say 300-400 whatever but the Rally has the potential of eradicating the disease of Retrogression - IF WE ALL CAN SHOW STRENGTH IN NUMBERS. EAD+AP cost for 1 year is $644... For 6 yrs of wait you will be spending 3500-3600 or even more if the rates change in a retrogressed world PLUS other disadvantages/hassles that we already know.

    Remember IV is just a platform with some LOGICAL and PRACTICAL agenda before Congress - if we do not stand up and show our heads NO ONE IS GOING TO LISTEN TO AGENDAS.

    Come on folks - its our chance to save some hardearned money over the next few years by investing in the rally.

    Lets all stand up at DC and show them numbers.

    Please consider helping people who want to come but the expenses are prohibitive due to some pressing situation.

    Enroll your name in one of the databases:
    http://groups.yahoo.com/group/WA_Immigration_Voice/





    loudobbs
    08-06 11:23 AM
    My lawyer screwed up when he filed mu I140. He filed it under EB3 instead of EB2 even though the labor was approved under EB2. He filed a new EB2 I140 PP on MAy 23 and it is still pending.

    :(



    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......



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