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  • desi3933
    06-26 02:55 PM
    Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose

    >> you have nothing to loose

    How can you say that? Do you EVEN know what are you saying?

    I suggest you talk to lawyer before losing "something".




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  • newuser
    05-23 12:14 PM
    Are you using a webfax or a fax machine?

    Thank you, finished emails.
    Starting to fax now.




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  • greencard_fever
    08-12 02:27 PM
    I think we got our green cards.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.


    Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?

    Also whats ADIT.

    BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.

    vdixit
    Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval




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  • Lasantha
    02-05 11:36 AM
    I don't think the Canadian officers will ask you that question. But like someone else said on this thread that question may be raised by the US officers when you return. I am curious to know about this myself.

    Aslo (I don't want to scare you but thought you ought to know) there's another discussion going on here http://immigrationvoice.org/forum/showthread.php?t=17061 where the US officers at POE in SF airport raised an issue saying that AP can be only used for imergencies. This looks more like an isolated case but I want everyone to be aware of that case.



    In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this

    1) do i need to surrender my PAROLE I-94 before departing USA?
    2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:

    Thanks.



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  • desi3933
    07-09 12:06 PM
    Condi and USCIS are saying the above.

    Now lets see how the above LAW was followed in the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    You are missing a point here.

    The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).

    DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.

    ______________________
    Not a legal advice.




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  • RandyK
    11-21 02:45 PM
    Mehul,

    I don't know what to say, I have been thinking all day about what you may be going through.


    Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.

    Like many here suggested, get a 2nd or 3rd opinion.

    I hope and pray that you will find that inner determination to fight back.

    We are all behind you!



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  • kumar1
    03-23 01:06 AM
    First of all, when you land in Canada, do not tell them that you are there for a short while and you will go back to USA may be next day. They dislike it. I wasn't given the best treatment and they did not put a request for PR card in the system. It is their way of penalizing you for having Canada PR as a second option. I came back to USA very next day by road and called CIC Canda, they took my friend's address in Canada and mailed the PR card. She said, Immigration officer should have put a PR card request in the system. Canadian immigration officers very well know that there is 200 mile long GC line in the US and people are using Canada as a backup plan. I guess they dislike being a "backup plan".

    Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
    1. You stayed in Canda for less than 30 days.
    2. You did not apply for US VISA in Canada and got rejected.

    One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.

    Guys,

    I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.

    Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.

    This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!

    Awaiting your responses. Thanks guys...




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  • zeta7
    03-23 11:35 AM
    First of all, when you land in Canada, do not tell them that you are there for a short while and you will go back to USA may be next day. They dislike it. I wasn't given the best treatment and they did not put a request for PR card in the system. It is their way of penalizing you for having Canada PR as a second option. I came back to USA very next day by road and called CIC Canda, they took my friend's address in Canada and mailed the PR card. She said, Immigration officer should have put a PR card request in the system. Canadian immigration officers very well know that there is 200 mile long GC line in the US and people are using Canada as a backup plan. I guess they dislike being a "backup plan".

    Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
    1. You stayed in Canda for less than 30 days.
    2. You did not apply for US VISA in Canada and got rejected.

    One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.


    Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.

    Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.

    Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?

    Thanks!



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  • ganguteli
    03-06 04:18 PM
    Your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

    I think this is wrong.

    Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

    What you are doing is only dividng the community. My collegues who are also IV members are upset reading that someone in IV is pursuing a one point agenda against ROW. We need to stop and think. A lot of ROW are quiet members on IV forum and they will be upset.
    Country caps can only be supported if there is recapture or increase in visa numbers.




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  • alisa
    09-14 02:29 PM
    Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.

    I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
    I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
    All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.



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  • anandrajesh
    05-28 12:41 PM
    Me & My wife,
    emailed Minnesota Senators + 10 senators mentioned.




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  • anzerraja
    07-20 02:36 AM
    Here is the spreadsheet link to see the update as of July 19th 2007 12.00 AM.


    http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en


    Awesome !!!

    Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.

    This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.

    Thanks all of you !!!


    TOGETHER WE CAN GET THIS DONE TODAY.



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  • desi3933
    06-27 02:15 PM
    These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.

    Do you know the cost of defending suit? You have to prove the statements too.

    Search for law cases in PA/NJ and you will SHOCKED to see many desi employers who have sued their employees.

    Wake up and smell the coffee.




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  • whiteStallion
    02-16 11:52 PM
    Donated $50 for the event...
    Transaction ID : 6BY12489DA076303K



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  • nixstor
    07-07 10:12 PM
    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant

    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.




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  • shreekarthik
    10-08 06:40 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.



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  • NKR
    04-23 09:26 PM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.

    Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.

    When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.

    "Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.


    Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.




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  • HarshJ
    12-13 03:21 PM
    By "filing" in my above comment, I meant filing a SR for FP appointment. I already have my EADs and APs




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  • georchen
    09-12 03:10 PM
    My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?

    I'm in the same boat. no checks encashed. no receipts. Pray God every day.




    GCStatus
    09-17 12:55 AM
    Folks

    First of all, ask yourself the following points before continue reading.

    1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )

    2. Willing to fight for justice.

    If you chose the option 1, please stop reading further and good luck.

    For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.

    Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.

    However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.




    diptam
    06-26 02:33 PM
    "Until and after 1 year" - how does it save me - the word "until"

    please explain for me - Thanks Much ?


    Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose



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