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  • desiguy22042
    09-21 07:51 AM
    Hi,
    I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.

    I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.

    Questions::confused:
    1) Does transfer mean delay in processing ?
    2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
    3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)

    Any answers or discussions or links to the solutions are welcome.

    Good luck to everyone for the speedy processing.:D




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  • tiny
    11-19 01:14 PM
    Done




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  • delhiguy
    07-08 05:57 PM
    It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.

    It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).

    But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.


    After reading your example about the GC i am very positive now, about the lawsuit




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  • VK373
    06-11 05:52 PM
    They sent you receipt before cashing the checks?

    Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.

    Summer....

    I got them in mail from USCIS, Lincoln NE.

    Thanks.



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  • GreenMe
    02-08 03:05 PM
    I found this very interesting article from NPR on R2I - Please read at ur leisure.

    A Brain Drain In Reverse, Back To India : NPR (http://www.npr.org/templates/story/story.php?storyId=104252712)




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  • mygc2006
    09-08 11:48 AM
    EB3 India

    EAD Sent 08/01/08
    ND : 08/07/08

    No LUD's since then.

    Card production Ordered email on 09/05/08

    congrats ... that was pretty fast, you got it within a month ....



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  • h1techSlave
    06-29 07:58 AM
    The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.

    As per I-9 form
    Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


    ___________________
    Not a legal advice




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  • HelloGC07
    08-07 11:52 AM
    Talked with IO today, No information about my application yet!
    Got new LUD dated 08/05/07 on already approved I-140
    I thought it meant something...I am so disappointed :(



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  • waitforgc123
    09-05 09:54 PM
    Mine was received on July 3rd, R Williams 9:03 AM - Still waiting no receipt no cashing of check.

    I will share with you all as soon as I hear of some progress on this front.

    thanks

    PD - Apr 06
    EB2




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  • logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.



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  • leoindiano
    01-26 05:35 PM
    called USCIS on jan 4th, they said they are scheduling, it will take 3 weeks to get the notice, till now nothing.
    called yesterday again, this time they said 45 days. Opened SR. I am hearing no use with SR. Not sure what is going on?
    Meanwhile, i gave this procedure to a freind and they got notices.

    Can anybody tell me if there will be an LUD on i-485 when they issue a FP notice?




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  • sunnysharma
    06-11 10:21 PM
    this up, You should be able to see LIN/WAC numbers clearly..




    All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.

    Do you know how long for receipt letter?

    Thanks.



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  • vbkris77
    09-24 01:53 PM
    We tend to forget that we are not lawmakers :p

    When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..

    When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..

    I don't know how better I can say..

    I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..

    But buy then major damage was done..

    Therefore EB2 guys wake up till there is time.

    The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

    I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

    Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

    This is very simillar to labor substitution...

    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.




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  • pitha
    07-09 11:47 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.



    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.



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  • ssingh92
    01-13 08:16 PM
    I am trying to switch employer. The job title and job description is similar what written in my I140. At least 75% job duties are included in new job duties. But none of new employers where I found employment ready to write job duties. What is the other way to show that I am doing similar job duties. Should I keep scree shot of JOB add? Any idea.

    Also my current EAD will expire in Aug,2011 I have to file extension in April. Employer asks if extension is denied... How to explain new employers.

    If job title is exactly same as written in I140/labour does it still require to show job duties written by employer to USICS.

    Thanks in advance.




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  • man-woman-and-gc
    09-16 10:40 AM
    Dudes & Dudettes,

    Hasnt the issue of processing order been beaten to death?

    I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?

    USCIS can always pull the security reason trump card here.

    moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?

    We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.

    My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)


    What do we have to lose here by this effort:
    1) $100 or so
    2) A few hrs of effort in mobilising and motivating people

    What do we have to gain:
    1) A sense of unity if we can get anywhere close to 1000 supporters
    2) A chance to win against years of injustice and broken system.

    Comparing both...I'm definitely in.

    Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.



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  • mirage
    03-07 01:34 PM
    Your Comment on H2B is only right about H2B and doesn't apply on EB green cards. We are people who came on H1B & our Green Cards were sponsored by US employers, we have our Labor & I-140 approved and we are waiting for Visa number assigned to our applications. So you could be comparing apples to peaches...Immigration policies had been hostile in past 12 years and will continue to be same indefinitely...Now our choice is sit back, lie low, keep watching & read Visa predictions indefinitely- may be another decade or 2- or take some steps, which I think, are not going to face much opposition. Also regarding reason behind so many Indians is, that 200K H1B between 1999 and 2002. Even if visa cap is lifted for 2 years that big hump will be crossed, it may smoothen the Visa allocations for Indians.

    One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
    .




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  • newu77
    08-17 04:57 PM
    I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
    Signed by J BARRET.
    I-140 approved from TSC
    I-140 LUD on 07/28/2007
    No receipts Yet.




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  • jindhal
    09-24 05:11 PM
    I refuse to even comment on that analogy. :rolleyes:

    cat got your tongue ?




    SREE_485
    08-20 11:38 AM
    I applied my EAD renewal on June 26th and it has been approved today. The current Ead status is " Card Production ordered ".




    bkam
    06-21 10:47 PM
    Hey, Ghost,

    Your posting is quite realistic. Miracle will not happen, regardless how much we want it. Sad but true.

    The only (long but possible) way to achieve some results is massive attack of the media. Average American people should realize the problem of the legal immigrants and THEY should start pressing the lawmakers for resolution. In fact there is a very simple solution - every H1/L1 visa should be covered by a GC option, providing that the immigrant has covered all requirements. And the USCIS administration should be pushed to do their job. Now, cunningly, uncle Sam (I would better say the "Edited" people) allows white collar slaves to come to the US, but hides the GC when time comes.

    To be honest, I really believe that in 10-15 years time this problem will not exist anymore. Reasons? Several: First, the main donoring countries of white collar slaves are in process of sharp development and soon this source of "blood transfusion" to US will start drying up. Second, with the aging baby-boomers the need of "blood transfusion" will increase. Third, the high flow of low qualified legal/illegal Latinos changes the fabric of the American society and turns it into a Latin-American country, with all negative consequences, so the need of high tech immigrant component will increase. There are more factors but these three are enough.

    So, if we are patient, in 10-15 years time the USCIS administration will start sending invitation ads all over the world, inviting legals and we would become proud holders of GCs :-)

    Yea-a-a, but I am not patient... And I am not keen to feed for decades the retired baby-boomers with my slave labor... Plan B...

    Admin, you can delete/edit my post (as you sometimes do) but this will not change the reality. And the reality is that no one in this country gives a s..t about you and me. Sad but true :-)



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