santb1975
05-22 01:31 AM
We have several bills that are being discussed to provide releif for all of us stuck in the Green Card process. We have very few dedicated volunteers working very hard and knocking the doors of representatives across the country seeking support for our bills. We need to lobby hard to get releif for all of us in this election year and lobbying is not cheap. We need dollars to keep up our lobbying efforts. We need help with raising dollars that are needed to keep working for our cause. We do not have Star Players and/or Star Athletes raising funds to support our cause. We need to do it ourselves. We all need to come together as a dedicated team with a mission to raise the targeted dollar amount. Can we do it?. Can we all step up and raise the dollars we need for our cause?.
Yes we can. Let's do it
Click on Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) to make a contribution
Want to donate an amount not listed on the contributions page?. Login to paypal and send in your desired contribution to donations@immigrationvoice.org
Made a contribution already?. Get your friends to make a contribution as well
Yes we can. Let's do it
Click on Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) to make a contribution
Want to donate an amount not listed on the contributions page?. Login to paypal and send in your desired contribution to donations@immigrationvoice.org
Made a contribution already?. Get your friends to make a contribution as well
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JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
ash0210
06-02 05:24 PM
As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
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sushilup
07-11 08:28 AM
I agree with tnite
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
more...
chanduv23
10-21 05:00 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
nogc_noproblem
07-11 01:30 PM
In order to avoid visa wastage, there is no ‘per country limit’ during the last quarter, that could be the main reason for this quantum leap in EB2-I PD movement.
Looks like DOS was not clear about the number of pending cases until a month ago and that’s why this movement was not happened last month - July, which was the first month in last quarter.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
Looks like DOS was not clear about the number of pending cases until a month ago and that’s why this movement was not happened last month - July, which was the first month in last quarter.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
more...
ind_game
05-14 05:10 PM
I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
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Beta_mle
06-10 07:19 AM
The dates had approached within two months of my priority date then BAM! Unavailable. What a disappointment. This system is just so arbitrary and capricious. Makes no sense. But then maybe it does, I'm still here, working.
more...
quizzer
07-06 02:16 AM
Please digg
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
jus dugged
excellent article
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
jus dugged
excellent article
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Struggle
09-12 07:53 PM
I was at SJ rally and it was an awesome feeling to participate and hear all the honks.
Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.
Milind i have contributed $100 now.
paypal transaction id: 88886835PG920640K
Thanks for your support.
Unfortunately cannot make it to the DC rally, but have been spreading the word through emails and diggs.
Milind i have contributed $100 now.
paypal transaction id: 88886835PG920640K
Thanks for your support.
more...
add78
06-23 12:58 PM
Thanks dingdong12 and prashanthg
Guys n Gals,
The latest State Chapter update should be inspiring if you were a skeptic.
Please rally your friends and colleagues to join IV, State Chapters and contribute.
Every $ counts.
Every call counts.
Every persuasion counts.
Everybody counts.
Thank You fellows.
Let us stand up to our High Skills and High Income prestige.
Help IV, Help Yourself.
Guys n Gals,
The latest State Chapter update should be inspiring if you were a skeptic.
Please rally your friends and colleagues to join IV, State Chapters and contribute.
Every $ counts.
Every call counts.
Every persuasion counts.
Everybody counts.
Thank You fellows.
Let us stand up to our High Skills and High Income prestige.
Help IV, Help Yourself.
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ca_immigrant
06-11 08:46 PM
Just eat mangoes and have fun! GC doesnt taste half as good as Indian mangoes.
ek dozen kitne mein girega mere bhai ?
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
ek dozen kitne mein girega mere bhai ?
how much for a dozen my friend...lol :D
If I buy mangoes from you, can you get me a green card ?
more...
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bestofall
07-15 03:25 PM
Here is my pledge.
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
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needhelp!
09-10 03:26 PM
Thank you k3GC, ngodisha, Karthikthiru, deba, watcher , ek_akela, mpadapa
more...
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02-08 03:59 PM
Online status shows up as CERTIFIED.... :D
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paisa
09-10 02:40 PM
Guys,
Its only Green card and I am not sure why people get upset big deal. Nobody asked us to move here. And if there is a system in place we cannot be saying its bad and this and that. My PD is DEC 04 do I feel bad someone in 2006 gets it. YES. Is the system crappy yes. I have a MS in US. So all this hoopla about US ms are getting it and not us is wrong. The other question is should I be getting it over others who dont have a MS from US. I believe yes we should.
but thats my thoughts on the subject if someone does not like it I respect his thoughts.
Its only Green card and I am not sure why people get upset big deal. Nobody asked us to move here. And if there is a system in place we cannot be saying its bad and this and that. My PD is DEC 04 do I feel bad someone in 2006 gets it. YES. Is the system crappy yes. I have a MS in US. So all this hoopla about US ms are getting it and not us is wrong. The other question is should I be getting it over others who dont have a MS from US. I believe yes we should.
but thats my thoughts on the subject if someone does not like it I respect his thoughts.
more...
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needhelp!
09-10 05:08 PM
Send your donation to:
Immigration Voice
PO Box 114
Dayton, NJ - 08810
Telephone: (202) 386-6250
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
Immigration Voice
PO Box 114
Dayton, NJ - 08810
Telephone: (202) 386-6250
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
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santb1975
05-24 03:39 PM
Can we do better?
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nashorn
08-12 02:45 PM
Where did you file your 485, and where is your 140 approved or pending, NSC or TSC? My impression is if your 140 is approved or pending at TSC, but you filed your 485 at NSC, your application will be transfered to TSC, and TSC will cash your check and issue your receipt. That is going to take more time. Correct me if i'm wrong. Any July 2nd filer in this situation has got receipt or check encashed by TSC?
I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!
So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)
I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!
So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)
sparky_jones
12-10 03:42 PM
This bulletin seems to have a more-detailed-than-usual write-up on PD movement and projections. It'll be interesting to see how ppl interpret the comments from Dept of State regarding projections.
rangaswamy
09-12 01:56 PM
I am a new member and sent $50 by personal check to IV.
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
I have sent 50$ to IV through Bill Pay. I have also started a funding drive in my office locally. There are about 20 people in this situation. Lets see if any one contributes.
This is the email i wrote:
Folks, I just wanted to add to this email. As this email mentioned, IV is organizing a monumental rally in Washington DC. The estimated turn out for this rally is about 10,000 people. This is our best shot ever. With the successful flower campaign and the San Jose rally we were able to reverse the July bulletin.
I urge you to consider contributing one month�s grocery bill towards this cause. Immigrants are flying in from all over the country. People who cannot attend are sponsoring air tickets and providing accommodation for strangers flying in. The least we can do is contribute a few bucks.
Please make a contribution to IV. You can send in a check or a use google check out or use paypal. We pay thousands in taxes without representation. Donate a fraction of that amount today. Even if you don�t want to donate, go to the website and buy some IV merchandise, Cups, hats and t shirts.
Im going to be mailing a check today, I will be glad to include your check.
Go IV.
Anand
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
I have sent 50$ to IV through Bill Pay. I have also started a funding drive in my office locally. There are about 20 people in this situation. Lets see if any one contributes.
This is the email i wrote:
Folks, I just wanted to add to this email. As this email mentioned, IV is organizing a monumental rally in Washington DC. The estimated turn out for this rally is about 10,000 people. This is our best shot ever. With the successful flower campaign and the San Jose rally we were able to reverse the July bulletin.
I urge you to consider contributing one month�s grocery bill towards this cause. Immigrants are flying in from all over the country. People who cannot attend are sponsoring air tickets and providing accommodation for strangers flying in. The least we can do is contribute a few bucks.
Please make a contribution to IV. You can send in a check or a use google check out or use paypal. We pay thousands in taxes without representation. Donate a fraction of that amount today. Even if you don�t want to donate, go to the website and buy some IV merchandise, Cups, hats and t shirts.
Im going to be mailing a check today, I will be glad to include your check.
Go IV.
Anand
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