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  • saketkapur
    03-26 11:09 AM
    My wife got it stamped twice in Delhi....there were no issues as her application does not mention any 485 filing......

    You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.

    Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".

    Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
    If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.

    Above is just my opinion. Please consult a reputed immigration attorney as every case is different.

    Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

    I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

    Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)




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  • zuhail
    05-28 10:33 AM
    All Employment-Based I-485 Inventory pending at the Service Centers as of March 08,2010.

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf

    From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)

    1. USCIS Update on Pending Employment-Based I-485s
    �MurthyDotCom
    The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
    �MurthyDotCom

    Background on USCIS Charts on EB I-485s
    �MurthyDotCom
    The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
    �MurthyDotCom

    Current USCIS I-485 Charts and Usage of Immigrant Visas
    �MurthyDotCom
    The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
    �MurthyDotCom

    Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
    �MurthyDotCom

    The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
    �MurthyDotCom

    EB2 Analysis and Backlogs for India and China
    �MurthyDotCom
    In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
    �MurthyDotCom

    This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
    �MurthyDotCom

    When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
    �MurthyDotCom

    Thousands of LC Filings in March 2005

    The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
    �MurthyDotCom

    EB3 Analysis and Maximum Pending EB3s for Indians
    �MurthyDotCom
    The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
    �MurthyDotCom

    There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
    �MurthyDotCom

    Conclusion
    �MurthyDotCom
    These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
    �MurthyDotCom

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved




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  • indyanguy
    10-31 04:21 PM
    I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions

    1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
    2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?

    Thanks in advance




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  • willwin
    08-11 10:41 AM
    i dont see a poll :) Are you expecting every one to post on this thread ?

    Check now!



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  • WeldonSprings
    05-18 06:28 PM
    This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.

    Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!

    Hindi-Chini Bhai Bhai!!!

    Bender's Immigration Bulletin (http://bibdaily.com/)




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  • genscn
    07-30 01:34 PM
    My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?

    Thanks for clarifying/
    I believe my 140 was sent to Texas.
    No , I dont work for CTS.



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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    ...
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.




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  • smitin_2000
    03-04 08:29 PM
    congrates buddy, ur loooooooooong wait come to a happy end by being greened, best of luck for moving forward :D



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  • tonyHK12
    11-03 10:35 AM
    "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."

    The answer: A lot.

    John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.

    So to remove 10 million illegal immigrants, it would cost about $65 billion.

    There you go, senators. Will that be cash or charge?


    Interesting...
    I had this precise discussion last week.
    well you have to know that a sizable percentage of illegals are also criminals. My guess is 10-30%. you should know they have a bigger incentive to come here to establish "business"
    No price is too much to deport criminals. As for the regular illegals, there may be a better solution to be debated.

    The criminals should be put in the prison at country of origin. Well we have to pay the police anyway. With criminals there is no option of not spending.

    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head




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  • waitin_toolong
    12-07 02:39 PM
    Request transfer to Counsular processing, withdraw I-485, I-131 and EAD
    remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.

    H1/L1 can be used is there is time left on these/ spent 1 year abroad if not



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  • sukhyani
    01-27 11:43 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.

    Thanks

    Interview is scheduled during the first week of March.




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  • kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.



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  • pappu
    12-17 09:57 PM
    I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

    One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

    MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
    Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
    Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.




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  • vparam
    11-01 09:34 AM
    One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
    The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
    FOR CERTAIN NONIMMIGRANTS

    and this extension is valid till on or before April 25, 2003

    for the following

    And you were last admitted to the United States as a nonimmigrant on or before
    September 30, 2002; and
    � If you are a male, born on or before February 24, 1987; and
    � If you did not have an application for asylum pending on January 16, 2003, or if you are
    not otherwise exempt as described in the attached questions and answers; and
    � If you will remain in the United States at least until April 25, 2003.


    So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....



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  • gcformeornot
    06-30 10:35 AM
    ...:mad:




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  • bijualex29
    07-19 10:36 AM
    I do not think that it applies to new EAD, it only for renewing the EDA card



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  • immique
    06-30 12:45 PM
    I am sure many of you don't know about TANA organization ( www.tana.org ). TANA is held every 2 years in one of the major cities in US, and for 2009 TANA is scheduled to happen in Chicago.

    "TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "

    They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.

    Secondly, we can have our own booth which will cost some money we can get lot of publicity.

    This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.

    I have heard great things about TANA. I am not a member of TANA, but would love to be one. Coordination between TANA like Organizations and IV would be a great opportunity for both Organizations as they can help each other in many ways.




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  • BumbleBee
    07-18 02:10 PM
    Hi SertTurk,
    Its not clear from your post as to which state your/spouse's application is in. There are three phases
    #1 Labor certification ( state and Federal )
    #2 I-140
    #3 I485 ( adjustment of status )

    In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.

    Please talk to an attorney before making any decision.

    BumbleBee




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  • immigration1234
    07-14 10:24 AM
    We have travelled in mid May '09 from via Frankfurt on AP and we did not have any problems.




    tdasara
    08-28 04:02 PM
    Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.

    If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.




    ps57002
    09-04 05:12 AM
    any pickups from Queens area or Manhattan???

    also can someone give link to something that can be printed like a flyer re: rally on 18th?



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