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  • waiting_4_gc
    08-28 02:56 PM
    Zoozee,
    Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?

    Me and my my spouse are attending DC rally flying from San Jose.We did even attend San Jose rally.





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  • arc
    10-03 02:31 PM
    Did Anyone In This Condition Got Fp?





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  • gmpa
    01-11 11:28 AM
    I sent letters to the President and IV.





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  • desi485
    01-04 03:23 PM
    Thats a very good suggestion. He should lobby to create a new categoy of Green Card for "MBBS".
    MBBS : Mia (Husband), Biwi 1 (Wife 1), Biwi 2 (Wife 2) and Sons.
    :D:D:D:D:D

    What if he has daughter(s)?

    Dr.MBBS

    Dr = daughter(s) :D



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  • a1b2c3
    10-12 11:11 AM
    I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.

    For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.

    Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)

    Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
    In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.

    I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.





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  • logiclife
    12-13 04:12 PM
    Keep this debate civil please.

    We dont want to delete/moderate so please keep it clean and reasonably to the point.

    Thanks.



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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).





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  • drirshad
    07-04 10:01 PM
    I ve been paying all GC fees from the LC, company pays only H-1 fees.

    For I-485 total expenditure as follows:

    $1300- attorney fees
    $300- doc fees
    $200- other docs, vaccines, etc
    USCIA appln fees for me & spouse for 485 765 131 ....

    Lost hours at working for the medical and attorney appointments almost 24 hours * $40 = $816-

    Sleepless nights filing forms & submitting on time = priceless ....



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  • msyedy
    05-22 03:16 PM
    u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

    i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system


    Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.





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  • natrajs
    08-22 10:58 AM
    Let us wait , It will be soon discussed openly



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  • shamu
    01-11 09:36 PM
    I am not sure what your health insurance situation with your employer is. Here is some thing I know. Please research and see whether this helps.

    Under HIPPA regulations, insurance companies cannot decline pregnancy as pre existing condition if you and your spouse are covered by group coverage. Generally, group coverage is the coverage you get from your employer. If you currently do not have health insurance through your employer, try to sneak into the plan now as most employers will have open enrollment period during Jan/Feb of each year. If you try to buy individual coverage from a HMO/PPO, those insurance companies can mercilessly decline maternity coverage.

    If you get into group coverage, no matter what trimester your wife is in, insurance companies WILL have to cover the maternity as per the plan choose.

    Please investigate and let us know what you find.

    Thank you Nixtor,

    My employer does not have group insurance. I tried compelling him to take but .....

    Then I bought a individual insurance for my self, wife and kid (in Texas)

    And insurance companies in Texas are not providing maternity insurance for individual insurances (not violating HIPPA rules) and very recently came to know that my insurance covers the compilications of maternity(not really sure, need for confirm with some one or would try to call my insurance company for more details) and for new born child as per Texas law. But not the regular maternity. Which is the reason I am trying to buy a plan from Hospital for Maternity.

    And about your last point, I am trying to find out if I can get into any group. currently used AC21 with H1 and my employer does not have group insurance.

    My client (big one) is ready to give me full time but not the title that I want and they are not ready to do H1 (with AC21) but agreed with EAD

    Even prime vendor is ready to give full time with EAD with the title that I want and client is ok with that.

    The only problem is if I leave my current employer and go to prime vendor, then it would be a problem, else find a different employer do a different H1 and ask the vendor to transfer (but not sure if this would create complications unless my current employer is OK with it).

    Need your input on these!

    But let me know if you know any one who bought Materinity plan from Hospital in Texas (Dallas)

    Thanks for your response!

    Thanks to every one who stopped by this post and replying, thank you all.





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  • pooja_34
    12-20 01:01 PM
    Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!

    I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.



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  • illusions
    04-03 10:18 AM
    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

    It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.

    According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.





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  • vasireddyanil
    02-19 09:42 PM
    adibhatla,

    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    -------------------------------------------------------------------------------------------
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.
    --------------------------------------------------------------------------------------------

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??



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  • El_Guapo
    05-30 08:34 PM
    Done. Aye # 300





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  • initrode
    07-30 08:53 PM
    EAD

    RD Jun 24
    FP Jul 17
    LUD Jul 17

    AP

    RD Jun 24
    LUD Jul 1



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  • realizeit
    11-21 11:08 AM
    Dear Friends,

    As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.

    Floor Summary: http://clerk.house.gov/floorsummary/floor.html

    3:02 P.M. -
    The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.



    HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.

    I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.

    Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.

    We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.

    Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.

    So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.

    Let�s keep HOPE alive!





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  • deba
    08-08 01:50 AM
    I am in the same boat. Tho my GC has not been approved yet, I can only suggest that think twice before taking this important decision. If you go ahead and marry right now be prepared for a lot of stress, mental agony, coping with distance etc. I personally feel that this is not the best way to start a married life. I think it would be best to disclose everything to your future wife and her family and go ahead and marry once you have made arrangements that she can visit you on B1/H1/L1 etc or you have made plans to go visit India or be in a third country etc. Good luck and again my advice is not to rush into the marriage at this stage. Take your time and make a final decision after considering all angles.





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  • pointlesswait
    11-19 02:28 PM
    a self serving proposal..

    MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...

    MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.

    your proposal is distracting from the main agenda. CIR or other relief measures.







    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.





    roseball
    07-27 09:52 PM
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=3411020351&r=4691050351#4691050351

    Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?

    Here is the content from the post on murthyforum, doesn't make any sense to me. Checkout text in bold...:confused:

    Application Received on : 07/03/2007
    Agency : Nebraska
    Status : Delivered on 07/09/2007 :confused:
    Case: EB3-India Jan 2004
    Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.





    trump_gc
    11-07 02:50 PM
    How do we know what the status of Name check is, or even if your case is submitted for NC?



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