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  • cdeneo
    07-27 02:01 PM
    What if one decides to go back to school to get another degree when on EAD, is this possible?

    The only issue I see is that you need to have a job lined up when your GC is close to approval and you get a RFE for proof of employment for example - is it a norm to get this kind of RFE or at most times you just get the approval notification for the GC?

    Any insight in this regard will be very much appreciated.





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  • roseball
    03-17 11:52 PM
    You can try re-sending the pkt with a label in bright color with text "Not to be opened by mailroom" so the package can be opened by an IO..Include a cover letter with the details/proof of your earlier application....You can give this a shot but its solely upto the IO to decide whether he accepts your application or not..In the meantime, I would also start a fresh LC process....Sorry about your situation, but there is nothing you can do.....One more case of lawyer screw up......





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  • EndlessWait
    01-10 03:00 PM
    Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.

    Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)

    took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.

    good luck to you!

    even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?





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  • coopheal
    09-07 03:17 PM
    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    Yes where is my green card?



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  • h1techSlave
    07-17 11:24 AM
    It is difficult to arrive at hard numbers using these kinds of analysis.

    For example you say "Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%".

    In reality there are no such human being exist. When a person comes here, he/she does contribute to the society. The person may not be in any official pay roll, but he buys stuff, he does work (in the house at least), he consumes services etc. Now such behavior by the hypothetically low skilled person has a positive contribution to the economy. May be the person took care of the house hold chorus of a young family, enabling the mom to take a Masters in computer science. Fast forward two years, the couple starts a successful software company which employs dozens of Americans.

    The story line that you give is the same argument that NumbersUSA gives, which is that an additional person is just a job stealer; but I disagree.


    Hello All,

    I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.

    We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.

    I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.

    These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
    example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
    Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%

    This can be bad example but it was just to put a point forward.

    Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.

    Thanks,
    M.





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  • shirish
    02-23 01:21 PM
    Can H4 dependent join college without changing his/her visa status to students visa.

    Also what are the implecations for this on the green card process if one is waiting for the PD to be current.



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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21





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  • schandra
    12-01 05:44 PM
    Thanks Better_Days for the reply.
    It is response like these that give us some hope to this never ending quest.

    It is good to know that you can file a New PERM and a second I-140.
    But do you know whether we can file a New I-140 on the basis of the original labor instead of filing a New Perm? I ask this bcoz in cases like mine where i have already exhausted 6yrs, would be difficult to file a PERM now.
    I see in some other thread, they did file a new I-140 and they were requested to first withdraw the Appeal, but in that case, do we know whether the new I-140 was approved first before we withdraw?



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  • kriskris
    08-19 11:10 AM
    I posted the following at another forum on this topic:



    It is from this link:
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52


    Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.




    This is from FR 17172 which you can find at:
    http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
    Thanks for the info. Good to know abt this.





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  • GCNirvana007
    03-30 08:18 AM
    Thank you guys for helping me.
    Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
    Thanks again!

    Make sure its some sort of emergency given today's scenario.



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  • GC4US
    04-02 12:30 AM
    Thanks everybody for help.

    I would have another question:

    I don't know what to write on "Class of Admission". When I entered U.S I was on H4 but I got Ead and now I'm on Ead and my husband on H1b.

    Could someone tell me please what to write.
    Thank you!

    And where it's written :"On a seperate sheet of paper, please explain how you qualify for advance parole document"......should I write on a blank sheet of paper that I need to visit my parents....?





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  • lost_in_migration
    05-15 08:29 AM
    Not many replies from Non-Indian categories :(



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  • krishna.ahd
    02-23 04:46 PM
    Can H4 dependent join college without changing his/her visa status to students visa.

    Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
    Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
    I dont think there should be any impact on GC process, consult your attorney





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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgFS2EE7AFdHZUoO13wuRTI029hbFJB8McEq8Vi5CW5nyaMwl1Hedl6p89x4qYs9Au3xZCP0uAQ2dTIe4jTZNzbjBS-_4H2nEslcBLOQIssO29rLsdDEPxeymlDD2AQ3b2spBwGFb_hRqQ/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgFS2EE7AFdHZUoO13wuRTI029hbFJB8McEq8Vi5CW5nyaMwl1Hedl6p89x4qYs9Au3xZCP0uAQ2dTIe4jTZNzbjBS-_4H2nEslcBLOQIssO29rLsdDEPxeymlDD2AQ3b2spBwGFb_hRqQ/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)



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  • navyug
    06-26 04:58 PM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....





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  • tijuanense
    11-23 04:09 PM
    The Real Tijuana (http://realtijuana.blogspot.com/) is a blog that began this month in order to describe Baja California from the inside. People who actually live in Tijuana address issues of local culture, medicine, cuisine, and history with the goal of making tourism less intimidating and more rewarding.

    Thanks to you, Prem, we will start running items on transportation this week.

    Tijuana is surprisingly peaceable in spite of the bad press.



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  • for_gc
    05-09 12:49 PM
    I will like to attend. I will be travelling from Orlando, FL. One person.





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  • meridiani.planum
    04-07 01:05 AM
    It is worse than that.. :)

    Please watch the following youtube video to understand how USCIS works

    http://www.youtube.com/watch?v=-30BZtpvaTY

    that was amazing. Is the maker of that video an IV member?





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  • go_guy123
    01-11 08:35 AM
    The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...

    More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)

    GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.





    puskeygadha
    07-17 03:56 PM
    They give very generic answer to clients
    i dont think they care about individuals...

    if they continue like this they will loose business..lots of people are
    suffering





    Life2Live
    01-10 04:05 PM
    I got I-140 RFE (EB2) regarding my education to prove the Bachelor degree I have is equivalent to US Bachelor degree. I have 3 years bachelor degree they are saying US Bachelor degree is 4 years.

    My Lawyer is still working on it. I dont have say more than this that my freaking company is slow, unprofessional, irresponsible and typical exploiting consulting company.

    My company qualifies for one of the company to be blacklisted. (There are lot of other incidents not only this I-140 RFE delay) :-)



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