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  • pappu
    06-26 12:22 PM
    Multiple 485 and EAD filing

    --------------------------------------------------------------------------------

    Hi,

    My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.

    The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.

    Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).

    Any inputs or clarifications will be greatly appreciated.

    tkiller

    Yup. One should be ready for the consequences when they apply. Think carefully before you do something and do not make any errors in decisions.There are both advantages and disadvantages. A lawyer office that has done this in the past quoted a case to me. Another non-desi expensive lawyer who always gives accurate information and is not greedy told me that he would not advice multiple filing.





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  • nkavjs
    11-09 12:22 PM
    I do received RD as July 2nd and ND: Oct 10 on RN. I am not planning to bug IO@NSC for EAD or NC untill Jan 2008 or I see my PD current per VB.

    Good to hear that USCIS did something right for someone. Atleast they recognised your Receipt date as July 2.

    On my case they moved my file from NSC to TSC on 4 August and they used that date on my notice date as recp. date.. instead of 2 July.
    I didnt get any response from my attorney yet.. but Shd I worry about getting my recp. dates corrected to 2 July.. I have PD of July 2003 EB3-India.
    BTW I thought you are current with PD of 2001. Isnt it?

    Pls. correct me if I am wrong. txs





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  • Nil
    04-09 11:42 AM
    After seeing the May bullettin, it seems what the US is actually giving us is either a A kick in the back or a slap on the face?

    May be we can create a poll for that send the results to the president.

    Well it is their country. We are serving through our volition.
    We have an expectation, but in a free market it is demand and supply.
    i am Not trying to be negative - just a reality check on where we stand and how we can approach.

    It is a fact that immigration from Asia shot up at the turn of the millennium. This may look disproportionate to proponents of diversity.

    Now 1/6th of the world population comes from one country. But the quota for Iceland and India remains the same.
    Consequently many like us cannot: change employers, give up opportunities (lure of which we came here for) and wait for the same outcome that others achieve much faster, simply because they were born somewhere else or their employers & lawyer decided their immigration category. So much for free country and meritocracy.
    i believe our main point should be a level playing field and transparent
    system so that expectations are clear.
    For those of us who have suffered due to lack of clarity, for all fairness, must lobby for a chance to parity after multiple (say 10) years of serving LEGALLY.





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  • bvibhu
    01-24 11:43 AM
    Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?



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  • l1fraud
    06-15 11:08 PM
    Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,

    can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.

    Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.

    Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
    'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...





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  • yestogc
    08-27 12:37 PM
    5000 minutes Limit, I did not know that ................... where does it say in fine print, do you have any link for same.

    Thanks a lot for alerting everyone ...........



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  • theonlyron
    01-05 10:56 PM
    This is really good news.. Can you please provide more details of your case?

    - was it first H1/H4 stamping or renewal?
    - do you have I140/I-485 application filed?
    - did your employer do anything to inform the US consulate in advance about visa stamping?

    thanks in advance,

    H1 Visa renewal (with a new employer)...earlier H1 visa was stamped in Toronto.
    I-140 pending at NSC since March 07
    Category is Schedule A (now EB3)
    I-485 pending at TSC, EAD and AP approved.
    There was no communication between the consulate and my employer. I guess it was just luck.





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  • getgreensoon1
    03-29 10:41 AM
    The Department of State announced that the Indian EB2 category is expected to advance one week in the May Visa Bulletin. The demand for EB1visa numbers has decreased by 50 percent this fiscal year. Last year from October 2009 to February 2010, 22,000 EB1 numbers were used. During the same period this year, only 10,000 to 11,000 have been used. EB1 will be current worldwide all fiscal year. This will free up an estimated 12,000 visa numbers to fall down from EB1 to EB2 this year

    Looks like the IT bodyshops have done less visa fraud this year than in past years.



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  • vignesh
    09-13 09:50 AM
    PD: 22nd March 2006
    Opened a SR on 7th Sept and wrote a request to local Congress man.
    Approval: 10th Sept

    Got a email approval for spouse on 10th Sept ! No changes seen in my status online but I got a response for my SR request that my case is also approved on 10th Sept, the email from SR came on 10th Sept.

    Till date no changes to my status online but when you call the USCIS toll free number, I do here my case is approved on 10th Sept.

    Just sharing my experience and thanks to Immigration voice forum.





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  • ksrk
    09-12 06:41 PM
    ------------------------------------------------------
    Update
    ------------------------------------------------------

    We have learned that in all probability House Judiciary committee will finishing marking up HR5882 in the next committee meeting. The bill is likely to be brought to the House floor the following week. We have been told that if our bill(s) pass the House, Senate will include the language of the bill(s) in another Senate bill that has majority support. We must admit that the time is shot but its still possible.

    We request everyone that starting monday, please call all the members of Judiciary committee. Thanks to the members who have already made phone calls to the lawmaker's office. We request you to please call again to show your support starting Monday.

    Thanks,

    Thanks a lot for the update - this sure is encouraging!

    Two quick questions...
    1. When is the "next committee meeting" - next week or later?
    2. Any changes to the list of members of the Judiciary committee? Better still, it will be great if you could re-post the latest list so we can get going with the fresh wave of phone calls...

    Thanks again and let's pull up our socks for the home stretch.



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  • vdlrao
    03-31 11:33 AM
    (1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...


    53,872 ( EB2 Total allocation in 2010 ) = Some X (EB2 ROW usage is say X) + 19,961 ( Total India received in 2010) + 6,505( Total China's received in 2010)

    ==>> X =[B] 53,872 -19,961-6,505 ==> X= 27406


    ==>> So Total EB2 ROW usage in 2010 is = 27,406



    -----------------

    1)EB2 I & C Usage = 19,961+ 6,505 = 26466.

    2)Visas due to Spill Over for EB2 I & C = 26466 - 5,604 (EB2 (I&C) Regular quota {2*(40,040*7%)} ) = 20,862


    3) Visas due to spill over for EB2 India only in 2010 = 26,466 (EB2 I & C Usage ) - 2,802(EB2-I Regular quota {40,040*7%} ) - 6,505 (EB2 China Total Usage) = 17,159.


    -------------------

    1) In 2011 according the USCIS statement we are getting 12,000 spill over visas in MAY.

    Out of that about 10,000 will be allocated to India.

    Reason: India PD based on April bulletin = 08 May 2006,
    China PD Based on April bulletin = 22 Jul 2006

    India has to get cleared 3 months (May Jun and Jul) before the spill over allocated to China.

    The average demand for EB2 India is about 1.5k/Month.

    which takes 3*1.5 = 4.5 K visas.

    The remaining Visas = 7.5 K

    The average demand for EB2 China is about 700/ Monnth.

    The Total demand for EB2 India & China together from Aug 2006 will be about 2.2k/Month.

    So 7.5K will clear about 3.5 months of EB2 I&C from Aug 2006.

    So The May bulletin takes the EB2 I & C to November 2006 Or December 2006 as we also get the regular monthly quota of 2*(40,040*7%)

    -------



    Just my assumption. God only knows how USCIS moves the dates in May.


    .





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  • virginia_desi
    01-31 09:07 AM
    Dear Vamsi, SVK, NK, Shahuja, Abuddyz, and all eligible visa aspirants:

    I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:

    "Thank you for your e-mail.

    Our records show that your visa was issued today, January 31. You
    should be receiving your passport/visa soon.

    Visa Information Unit
    American Consulate General

    Chennai 600006, India
    Telephone: 91 44 2857 4242
    Fax: 91 44 2811 2027

    Website: http://chennai.usconsulate.gov"

    This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.

    Moral of the story: "Never use a Consulate in India for visa re-validation again."

    Please learn from this story, and never again trust Consulates in India for extension purposes.

    God bless you all.:)

    How do you know that experience in Canada or Mexico will be any different from experience in India? It can be only better at a consulate that hasn't yet implemented PIMS, which I don't think there are any at this point. At least you are at home with family. I think the worst is to be stuck in Canada or Mexico for a month. I think the moral of the story is to use AP whenever possible.



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  • 485Mbe4001
    05-17 04:08 PM
    Thanks, i will send them and email.
    No, It is not for 140 and i wasnt asked for it when i appliedway back in 2002.

    I didn't experience getting a duplicate certificate, but I think you can try the following service to get such certificate.

    http://yourmaninindia.com/cgi-bin/taskdisplay.cgi?catid=1&subid=4





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  • NKR
    08-07 11:32 AM
    Ok guys, I got a bunch of red dots.. what more can you expect from people whose comments are as below...
    ********************
    bitch, wtf "Rolling_Flood"

    stop making dumb arguments. if you don't like this thread stay away from it.

    you have no clue who gives you reds and greens, don't presume. plenty of people quietly read and can spot out the rubbish. and no one can give two reds in a row, so i'm another person. Glad to see acceptance finally that PhDs are being disadvantaged

    ****************************

    1. Rolling_Flood, with this temper I am sure you are going to piss off your lawyer with whom you would be working (if at all you do..) on getting portability removed.
    2. �if you don't like this thread stay away from it." Lots of people disagree, that does not mean that only people who agree with you can post here. Also, how will I know if I am going to like the thread or not without visiting it?, everybody except a handful are posting something interesting, I like this thread



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  • factoryman
    06-29 08:37 PM
    My new theory is the DOS was influenced by politicians who are attorneys (I beleive that there 50% of lawmakers) and it released a huge Visa Numbers. The politicians have strong connections to law firms. The USCIS doesn't want to do it, because it doesn't have 'resources', 'money', 'manpower. So, they are on a near strike mode, not attending routine works like sending receipts., etc in a timely fashion.

    If it is any consoling to you, this is what I posted yesterday at a different thread at IV. Looks like I can re-cycle it today for a larger audience. Click the hyperlink and see the video for yourself.
    A strong case of moronic president, moronic problems?

    ...........
    ................

    Many issues are being swept under the carpet. I had written a few times earlier. The backlog and GC issues are not truly a numbers game. It is the neo-con regime and the republican culture that had engulfed Washington, its consequences, that had made things miserable for us; we, the legal immigrants.

    4/5ths of the illegal immigrants have been here by the time of Clinton's second term. It was a non-issue then. You should understand why is it an issue now? Why can't it the legal and illegal immigration be addressed and solved. In a democracy, things like this can be solved administratively, legislatively and judicially. Adminstratively, we we hit below the belt, in backlogs, in delays, in sudden rule changes (no concurrent filings of PD is not current). Legislatively, they are stalling and falling apart. What is left for the immigrants?

    I had written many times earlier.

    Why should you know? Why should you understand? It is in your own interests that you understand things wisely. Failure to know what is happening on the ground, what is happening around us is a sure shot for personal failure.

    In this connection, see a counter-point on the immigration bill.

    http://www.newscorpse.com/Pix/Caps/cavuto-chong2

    See the Entire Video here (http://media2.foxnews.com/062807/062807_cav_chong2_300.wmv)

    here is my theory.

    DOS and USCIS played a tactical move by making all the visa numbers current in anticipation of the CIR bill so that the legals wont complain to the senators about retrogression.

    Once the CIR went down the drain, they are panicking about the outcome of their tactical error and trying to undo that move.

    Again, just my theory...:confused:





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  • diptam
    09-26 04:37 PM
    Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.



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  • malaGCPahije
    08-07 04:01 PM
    Is it possible to change category to EB2 with same employer/same job?

    I have the same question as I think, it is not possible. How can you re-apply for the same job you are in currently, in EB2?





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  • chanduv23
    07-09 08:48 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    Nice joke - comedy





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  • va_dude
    09-23 05:26 PM
    i dont think you will see a spike for jul/aug 2007 because thousands of apps got filed then, but this report is based off of the PD, not the date the 485 was applied.

    hope i'm making sense.

    5pm.. time to check out :)





    seahawks
    04-26 11:44 PM
    I agree totally, this is a catch 22 situation for employment based immigration and agree that this will only divide more of us who are in different situations and are all waiting in line. I am not on L1 but to have introduce a bill that is protective in nature will only hurt immigration even more in the long run. Some of us may think this will eliminate lot more people from the line so that we who are working as permanent employees can get our green cards faster. Consulting companies are not just small companies, KPMG, Microsoft, Delliote, Oracle all of they offer some form of consulting to their clients. How will this law be implemented, what will happen to us who plan to change jobs after getting green cards and plan to consult if these companies don't exist. Every time a bill gets introduced, there is an intent but there is also the question of how it gets applied.

    I think this will only hurt us as written from reading everything, this has all the language on discrimination against otherwise eligible workers, remember someday all of us who are permanent employees may be working as consultants, if you think today this is applied only to H1/L1, what will stop them from applying against EAD holders too? After all how many of us are on EAD, 300K? do you think that is a big enough group.

    Stay together, stand together and read between the lines. Always fight for open legal immigration for employment, if you feel somebody is not qualified, so be it, its for the employer to make that call if he or she is qualified or not. If the client or the employer does not feel they are getting their money;s worth, that is a business decision for them to make, how do we who are standing in line for our green cards make a call on who is or not qualified?





    needhelp!
    09-09 01:38 PM
    Thanks, updated the number of Robert Scott to (202) 225-8351

    I spoke all the the reps that someone posted not on this list.
    To add to the list of sponsors/co-sponsors, Congress Debbie Schultz is a co-sponsor for the bill (so don't call asking for support, but you can call to appreciate their efforts).
    I think it would be better to keep it brief. They don't have time, and we can't spend lot of time, or else we won't be able to call all of them. It took me 30 minutes to call all of them.

    I read somewhere that Steve King is not supportive, infact he's opposed to this bill. So it would be wise not to call his office. I don't he'll change his stance 'coz he's part of numbersusa/other nut cases.

    Also note the phone number of Robert Scott is wrong, it shows the phone number of Adam Schiff. I realized only after I called twice. but luckily I realised before I could go through the whole talking points.

    Pls everyone call before its too late. we need to get this passed as this is our only hope. PLS CALLLLLLL!!!



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