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  • veni001
    01-17 05:14 PM
    hey

    i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
    for your information both are masters candidates and are eb2 filed
    but his was file months before mine and he got audited
    mine is in the process of being filed

    not sure of whether this even matters and cases are indepedent
    but just wanted to know ahead of time if it calls for a sure denial

    thanks
    chehuan

    Chances for an audit are 95%:(




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  • Rsamuga
    07-16 03:03 PM
    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
    During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

    Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

    My questions are:

    1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

    2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

    3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

    If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

    I really appreciate your response in this regard.

    Thanks!!




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  • venky08
    06-22 03:01 PM
    there is no rule that says your spouse must have your last name. it is just your personal preference. (i am talking from the prespective of immigration application)




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  • Singer
    11-22 08:33 AM
    Hello VictimOfGc,

    Thank you for your first reply.
    I gad lost my password and read your previous post only yesterday.

    As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
    The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
    From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.

    Friday the 13th we received our green cards!



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  • digital2k
    08-06 12:39 PM
    *




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  • kanta80
    04-05 11:39 AM
    Thank you very very much, sertasheep. I really appreciate your help.



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  • aardee
    09-07 01:53 PM
    Just consulted a lawyer and he gave me following solution:

    2 applications (1) F1 visa application; (2) I-212 Waiver.

    I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .

    Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .




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  • fall1998
    05-16 10:12 AM
    So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).

    I am getting a feeling that USCIS is really clearing out the backlog this time.



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  • Law Loving Alien
    10-25 03:36 PM
    DUDES,

    I appreciete your's feedback....but my PD is current as of now ( again it may retrogess in future...who Knows....) and please note I am not using subsititution labor approvals...

    Do you still think converting I140 to premium processing would be worthwhile and would expediete whole process including I485.......




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  • leo2606
    01-09 11:44 PM
    Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.


    I would have said 2020 but as you are not part of India or china may be 2015.



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  • bsbawa10
    02-12 05:22 PM
    I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..

    You are right. For a good lawyer, you should not ask to change, but for bad one for sure you should. I never questioned my company's lawyer who is from Chicago. The worst lawyer ever possible: never replied to email, never responded to phone and never communicated: what she was doing. She filed my case in EB3 without consulting me or my knowledge even (I had two Masters and international research) and I came to know about it many years later when I thought I could be getting green card any day and guess what i came to know that not from the lawyer but from USCIS.




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  • Gravitation
    05-30 02:22 PM
    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.



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  • iptel
    01-30 02:48 PM
    Just a suggestion I think if we involve US India Polical Action Committee(USINPAC) may be our effort to reach the law maker will be easier.

    Members of the U.S. Senate India Caucus are as follows -

    Senator Cornyn (R - TX) � Republican Co-Chair
    Senator Clinton (D - NY) � Democratic Co-Chair
    Senator Hutchison (R - TX)
    Senator Lott (R - MS)
    Senator Lautenberg (D - NJ)
    Senator Santorum (R - PA)
    Senator Lieberman (D - CT)
    Senator Specter (R - PA)
    Senator Daschle (D - SD)
    Senator Stabenow (D - MI)
    Senator Bingaman (D - NM)
    Senator Cochran (R - MS)
    Senator Frist (R - TN)
    Senator Corzine (D - NJ)
    Senator L. Graham (R - SC)
    Senator Schumer (D - NY)
    Senator Wyden (D - OR)
    Senator Coleman (R - MN)
    Senator Chambliss (R - GA)
    Senator Bayh (D - IN)
    Senator Durbin (D - IL)
    Senator Breaux (D - LA)
    Senator Crapo (R - ID)
    Senator Levin (D - MI)
    Senator Fitzgerald (R - IL)
    Senator Grassley (R - IA)
    Senator Bennett (R - UT)
    Senator Boxer (D - CA)
    Senator Nickles (R - OK)
    Senator Stevens (R - AK)
    Senator Mikulski (D - MD)
    Senator Rockefeller (D - WV)
    Senator Landrieu (D - LA)
    Senator Hatch (R - UT)
    Senator Maria Cantwell (D-WA)

    Members of Congressional India Caucus

    108th Congress elected in November 2002
    List updated as of June 18, 2004

    112 Democrats, 74 Republicans, Total 186

    Congressman Crowley (D-NY) - Democratic Co-Chair
    Congressman Wilson, Joe (R-SC) - Republican Co-Chairman
    Congressman Abercrombie (D- HI)
    Congressman Ackerman (D-NY)
    Congressman Andrews (D-NJ)
    Congressman Baca (D- CA )
    Congressman Baird (D- WA)
    Congressman Barrett, J. Gresham (R-SC )
    Congressman Beauprez (R-CO)
    Congressman Becerra (D-CA)
    Congressman Bell (D-TX)
    Congresswoman Berkley (D-NV)
    Congressman Berman (D-CA)
    Congresswoman Biggert (R-IL)
    Congressman Bilirakis (R-FL)
    Congressman Bishop, Rob (R-UT)
    Congressman Blumenauer ( D-OR)
    Congressman Boucher (D-VA)
    Congressman Brady, Kevin (R-TX)
    Congresswoman Brown, Corrine (D-FL)
    Congresswoman Brown, Henry (R-SC)
    Congressman Brown, Sherrod (D-OH)
    Congresswoman Brown-Waite, Ginny (R-FL)
    Congressman Burgess (R-TX)
    Congressman Burns (R-GA)
    Congressman Calvert (R-CA)
    Congressman Cannon (R-UT)
    Congressman Cantor (R-VA)
    Congresswoman Capps (D-CA)
    Congressman Capuano (D-MA)
    Congressman Cardoza (D-CA)
    Congressman Carson, Brad (D-OK)
    Congressman Chabot (R-OH)
    Congressman Chandler (D- KY )
    Congressman Cooper (D-TN)
    Congressman Cox (R-CA)
    Congresswoman Cubin (R-WY)
    Congressman Davis, Danny (D-IL)
    Congressman Davis, Jim (D-FL)
    Congressman DeFazio (D-OR)
    Congressman Delahunt (D-MA)
    Congressman Deutsch (D-FL)
    Congressman DeMint (R-SC)
    Congressman Dicks (D-WA)
    Congressman Doggett (D-TX)
    Congressman Doyle (D-PA)
    Congressman Duncan (D-TN)
    Congresswoman Dunn (R-WA)
    Congressman Ehlers (R- MI)
    Congressman Engel (D-NY)
    Congressman English (R- PA )
    Congresswoman Eshoo (D-CA)
    Congressman Evans (D-IL)
    Congressman Faleomavaega (D-AS)
    Congressman Feeney (R-FL)
    Congressman Ferguson (R-NJ)
    Congressman Filner (D-CA)
    Congressman Foley (R-FL)
    Congressman Forbes (R-VA)
    Congressman Ford (D-TN)
    Congressman Frank (D-MA)
    Congressman Franks (R-AZ)
    Congressman Frost (D-TX)
    Congressman Garrett (R-NJ)
    Congressman Gephardt (D-MO)
    Congressman Gillmor (R-OH)
    Congressman Gingrey (R-GA)
    Congressman Goodlatte (R-VA)
    Congressman Gordon (D-TN)
    Congresswoman Granger (R-TX)
    Congressman Green, Gene (D-TX)
    Congressman Green, Mark (R-WI)
    Congressman Greenwood (R-PA)
    Congressman Gutierrez (D-IL)
    Congressman Harris (R-FL)
    Congressman Hastings (D-FL)
    Congressman Hayworth (R-AZ)
    Congressman Hensarling (R-TX)
    Congressman Hoeffel (D-PA)
    Congressman Holt (D-NJ)
    Congresswoman Hooley (D-OR)
    Congressman Honda (D-CA)
    Congressman Hoyer (D-MD)
    Congressman Inslee (D-WA)
    Congressman Israel (D-NY)
    Congresswoman Jackson-Lee (D-TX)
    Congresswoman Johnson, Eddie Bernice (D-TX)
    Congressman Jones (R-NC)
    Congressman Kanjorski (D-PA)
    Congresswoman Kaptur (D-OH)
    Congresswoman Kelly (R-NY)
    Congressman Kennedy, Patrick (D-RI)
    Congressman Kildee (D-MI)
    Congressman Kind (D-WI)
    Congressman King, Peter (R-NY)
    Congressman Kirk (R-IL)
    Congressman Knollenberg (R-MI)
    Congressman Kolbe (R-AZ)
    Congressman Kucinich (D-OH)
    Congressman LaHood (R-IL)
    Congressman Lampson (D-TX)
    Congressman Lantos (D-CA)
    Congressman Larsen (D-WA)
    Congressman LaTourette (R-OH)
    Congresswoman Lee, Barbara (D-CA)
    Congressman Levin (D-MI)
    Congressman Lewis, Jerry (R-CA)
    Congressman Lewis, John (D-GA)
    Congressman Linder (R-GA)
    Congressman Lobiondo (R-NJ)
    Congressman Lofgren (D-CA)
    Congresswoman Lowey (D-NY)
    Congresswoman McCarthy, Carolyn (D-NY)
    Congresswoman McCarthy, Karen (D-MO)
    Congressman McCotter (R-MI)
    Congressman McDermott (D-WA)
    Congressman McIntyre (D-NC)
    Congressman McNulty (D-NY)
    Congressman Majette (D-GA)
    Congresswoman Maloney (D-NY)
    Congressman Manzullo (R-IL)
    Congressman Matheson (D-UT)
    Congressman Meehan (D-MA)
    Congressman Meek (D-FL)
    Congressman Meeks (D-NY)
    Congressman Robert Menendez (D-NJ)
    Congresswoman Millender-McDonald (D-CA)
    Congressman Miller, Brad (D-NC)
    Congressman Miller, Gary (R-CA)
    Congresswoman Miller, Jeff (R-FL)
    Congressman Mollohan (D-WV)
    Congressman Moran, Jim (D-VA)
    Congresswoman Myrick (R-NC)
    Congresswoman Napolitano (D-CA)
    Congressman Neal (D-MA)
    Congressman Ney (R-OH)
    Congressman Pallone (D-NJ)
    Congressman Payne (D-NJ)
    Congressman Pearce (R-NM)
    Congressman Pickering (R-MS)
    Congressman Pitts (R-PA)
    Congressman Price (D-NC)
    Congresswoman Pryce (R-OH)
    Congressman Putnam (R-FL)
    Congressman Radanovich (R-CA)
    Congressman Rahall (D-WV)
    Congressman Rangel (D-NY)
    Congresswoman Ros-Lehtinen, Ileana (R-FL)
    Congressman Rothman (D-NJ)
    Congressman Royce (R-CA)
    Congressman Ryan, Tim (D-OH)
    Congresswoman Sanchez, Linda (D-CA)
    Congresswoman Sanchez, Loretta (D-CA)
    Congressman Saxton (R-NJ)
    Congresswoman Schakowsky (D-IL)
    Congressman Schiff (D-CA)
    Congressman Scott, Robert (D-VA)
    Congressman Schrock (R-VA)
    Congressmen Sessions (R-TX)
    Congressman Sherman (D-CA)
    Congressman Smith, Adam (D-WA)
    Congresswoman Solis (D-CA)
    Congressman Souder (R-IN)
    Congressman Spratt (D-SC)
    Congressman Stark (D-CA)
    Congressman Stearns (R-FL)
    Congressman Thompson, Mike (D-CA)
    Congressman Tierney (D-MA)
    Congressman Toomey (R-PA)
    Congressman Towns (D-NY)
    Congressman Turner, Michael (R-OH)
    Congressman Udall, Mark (D-CO)
    Congressman Udall, Tom (D-NM)
    Congressman Upton (R-MI)
    Congressman Van Hollen (D-MD)
    Congressman Visclosky (D-IN)
    Congressman Vitter (R-LA)
    Congressman Walsh (R-NY)
    Congresswoman Watson (D-CA)
    Congressman Watt (D-NC)
    Congressman Weiner (D-NY)
    Congressman Weldon, Dave (R-FL)
    Congressman Wexler (D-FL)
    Congressman Whitfield (R-KY)
    Congressman Wu (D-OR)




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  • sanjeev.mehra@gmail.com
    08-06 12:21 PM
    i would say apply for the Eb2. I am on Eb3 right now and i will plan to apply for eb2 after Dec 2008.

    I have 3 years degree (15 year education). I am not sure if I can file on EB2.
    You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.

    Thanks,
    Sanjeev



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  • yabadaba
    06-23 07:29 AM
    dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.

    but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.




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  • jamesbond007
    12-08 04:39 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

    Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
    There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.

    Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.



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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup




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  • raysaikat
    08-13 08:27 PM
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?

    Anything can happen, but looks unlikely. How many publications do you have, and how many citations each paper has received? How many recommendation letters and from whom did you submit?

    BTW: if the "award" is a standard university scholarship, that would not fly.




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  • snhn
    10-23 05:09 PM
    Hello all,

    is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.

    I have some co workers who got their EAD and AP approved on the same day.

    so just wondering if there could be something wrong or is this normal.

    Our cases are in Texas.

    Thanks!




    delhirocks
    07-02 11:55 AM
    ah well...atleast I can get back to work now, my productivity had dropped many folds since this drama started.

    Its time to make money for my beloved employer.;)




    mambarg
    08-13 02:32 PM
    It is important to see July 3rd receipt dates which confirms the time and applications required to completed July 2nd apps and is the important statistics for rest of the dates.



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