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  • reddog
    07-01 03:09 PM
    I am also ready to join in the lawsuit.
    I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
    You did the right thing. Nothing is going to retrogress atleast till the 15th of the month(this is when the Visa bulletin usually comes out).

    ************************************************** *******
    I am not a lawyer, do not act one on TV and never stayed at a Holiday Inn.

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  • vivache
    11-06 09:52 PM
    Ok .. let me give you the math before getting to the question: )

    Looking at the numbers from USCIS:

    140 k GC numbers every year
    85% available for folks in US, which is 199k
    Out of these 119 k visas available, 40k are Eb3 category ..
    10% for country .. so India's numbers should be 4000 a year

    There are 14000 Eb3 visas before mine
    Out of these 4750 are from India

    So maybe I get the GC in 1 year 2 months?
    Starting from? next Oct 10, meaning GC in Dec 11?

    7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?

    What is confusing is this?
    As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
    And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
    If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?

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  • desibechara
    08-01 07:35 PM

    I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.

    I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.

    I am getting experience letter from first employer but second employer where I worked for 4 months has no record.

    Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.

    Please let me that is risky or will come back with RFE?


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  • veni001
    01-17 05:14 PM

    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


    Chances for an audit are 95%:(


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  • sdrblr
    09-01 03:19 PM
    If you (or her ) do not get the card by 2nd week, make an infopass appointment and get the PP stamped.

    I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

    We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

    I really for your help in Advance.


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  • Axilleus
    11-01 11:26 AM
    It is getting close. Card Production email received on 10/24/07 but I am still waiting for my EAD. Supposed to start working on Monday.....


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    11-02 02:43 PM
    It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

    If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

    I am on the same case, waiting for USCIS reponse. Thanks.

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  • shana04
    05-18 05:43 PM

    Thank you very much for your response.


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  • JazzByTheBay
    09-07 06:52 PM
    Some proposals are realistic and can be implemented. An increase in EB-visa numbers may not be that realistic at the moment, but most of the others like recapturing visa numbers lost every year (upwards of 200K), considering the primary beneficiary towards the quota, etc., as well as some interim benefits.... are all part of the proposals afaik.

    Bottomline, if you understand all the issues and the efforts being made, please participate and make this a successful effort.

    As they say, even God doesn't help those who don't help themselves... :)


    I believe in IV and its efforts.

    I understand rally will help IV to demonstrate the people support.

    I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.

    But can someone clarify me, what exactly IV is requesting law-makers?

    1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)

    2) Remove country limit (still have to 5 years)

    3) Increase the EB quota?

    4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.

    5) Another Immigration Reform bill for legal?

    Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.


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  • GCwaitforever
    03-07 06:55 PM
    Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.


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  • bluekayal
    10-20 06:06 PM
    Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140!

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  • purgan
    10-12 12:24 AM
    We've all heard about the skilled immigrant co-founders of Yahoo, Google, Ebay, and others.....but Youtube, the revolutionary internet-video sharing service, which was this week acquired by Google for $1.65 Billion, was also foudned by skilled immigrants- actually the son of skilled immigrants who probably came on H-1B visas the US- both are research scientists in Minnesota. These typify the H1B and EB immigrants.....if only our energies were not sapped by this frustrating Green Card process:-):mad:


    NY Times, Oct 12, 2006

    With YouTube, Grad Student Hits Jackpot Again

    PALO ALTO, Calif., Oct. 11 — For Jawed Karim, the $100,000 or so he would have to spend on a master’s degree at Stanford was never daunting. He hit an Internet jackpot in 2002 when PayPal, the online payment company he had joined early on, was bought by eBay.

    On Monday, still early in his studies for the fall term, he got lucky again. This time he may have hit the Internet equivalent of the multistate PowerBall.

    Mr. Karim is the third of the three founders of the video site YouTube, which Google has agreed to buy for $1.65 billion. He was present at YouTube’s creation, contributing some crucial ideas about a Web site where users could share video. But academia had more allure than the details of turning that idea into a business.

    So while his partners Chad Hurley and Steven Chen built the company and went on to become Internet and media celebrities, he quietly went back to class, working toward a degree in computer science.

    Mr. Karim, who is 27, became visibly uncomfortable when the subject turned to money, and he would not say what he stands to make when Google’s purchase of YouTube is completed. He said only that he is one of the company’s largest individual shareholders, though he owns less of the company than his two partners, whose stakes in the company are likely to be worth hundreds of millions of dollars, according to some estimates. The deal was so enormous, he says, that his share was still plenty big.

    “The sheer size of the acquisition almost makes the details irrelevant,” Mr. Karim said.

    On Wednesday, during a walk across campus and a visit to his dorm room and the computer sciences building where he takes classes, Mr. Karim described himself as a nerd who gets excited about learning. Nothing in his understated demeanor suggests he is anything other than an ordinary graduate student, and he attracted little attention on campus in jeans, a blue polo shirt, a tan jacket and black Puma sneakers.

    Mr. Karim said he might keep a hand in entrepreneurship, and he dreams of having an impact on the way people use the Internet — something he has already done. Philanthropy may have some appeal, down the road. But mostly he just wants to be a professor. He said he simply hopes to follow in the footsteps of other Stanford academics who struck it rich in Silicon Valley and went back to teaching.

    “There’s a few billionaires in that building,” he said, standing in front of the William Gates Computer Science Building. But his chosen path will not preclude another stint at a start-up. “If I see another opportunity like YouTube, I can always do that,” he said.

    David L. Dill, a professor of computer science at Stanford, said Mr. Karim’s choice was unusual.

    “I’m impressed that given his success in business he decided to do the master’s program here,” Mr. Dill said. “The tradition here has been in the other direction,” he said, pointing to the founders of Google and Yahoo, who left Stanford for the business world.

    Mr. Karim met Mr. Hurley and Mr. Chen when all three of them worked at PayPal. After the company was acquired by eBay for $1.5 billion, netting Mr. Karim a few million dollars, they often talked about starting another company.

    By early 2005, all three had left PayPal. They would often meet late at night for brainstorming sessions at Max’s Opera Caf�, near Stanford, Mr. Karim said. Sometimes they met at Mr. Hurley’s place in Menlo Park or Mr. Karim’s apartment on Sand Hill Road, down the street from Sequoia Capital, the venture firm that would become YouTube’s financial backer.

    Mr. Karim said he pitched the idea of a video-sharing Web site to the group. But he made it clear that contributions from Mr. Chen and Mr. Hurley were essential in turning his raw idea into what eventually became YouTube.

    A YouTube spokeswoman said that the genesis of YouTube involved efforts by all three founders.

    As early as February 2005, when the site was introduced, Mr. Karim said he and his partners had agreed that he would not become an employee, but rather an informal adviser to YouTube. He did not take a salary, benefits or even a formal title. “I was focused on school,” he said.

    The decision meant that his stake in the company would be reduced, Mr. Karim said. “We negotiated something that we thought was fair.”

    Roelof Botha, the Sequoia partner who led the investment in YouTube, said he would have preferred if Mr. Karim had stayed.

    “I wish we could have kept him as part of the company,” Mr. Botha said. “He was very, very creative. We were doing everything we could to convince him to defer.”

    Mr. Karim was born in East Germany in 1972. The family moved to West Germany a year later and to St. Paul, Minn., in 1992. His father, Naimul Karim, is a researcher at 3M and his mother, Christine Karim, is a research assistant professor of biochemistry at the University of Minnesota.

    “To develop new things and be aware of new things, this is our life,” Ms. Karim said, explaining her son’s interest in technology and learning.

    After graduating from high school, Jawed Karim chose to go to the University of Illinois at Urbana-Champaign, in part because it was the school that the co-founder of Netscape, Marc Andreessen, and others who gave birth to the first popular Web browser attended.

    “It wasn’t like I wanted to be the next Marc Andreessen, but it would be cool to be in the same place,” Mr. Karim said. In 2000, during his junior year, he dropped out to head to Silicon Valley, where he joined PayPal. He later finished his undergraduate degree by taking some courses online and some at Santa Clara University.

    Armed with a video camera, Mr. Karim documented much of YouTube’s early life, including the meetings when the three discussed financing strategies and the brainstorming sessions in Mr. Hurley’s garage, where the company was hatched.

    In his studio apartment in a residence hall for graduate students, he showed one of them, which he said was filmed in April 2005. In it, Mr. Chen talked about “getting pretty depressed” because there were only 50 or 60 videos on the YouTube site. Also, he said, “there’s not that many videos I’d want to watch.” The camera then turns to Mr. Hurley, who grins and says “Videos like these,” referring to the one Mr. Karim is filming.

    Mr. Karim, who has remained in frequent contact with the other co-founders, said he was first informed of the talks with Google last week. On Monday, he was called in to the Palo Alto law offices of Wilson Sonsini Goodrich & Rosati to sign acquisition papers, and he briefly got to congratulate Mr. Chen and Mr. Hurley, he said.

    Asked what he thought of the acquisition price, Mr. Karim said: “It sounded good to me.” When a reporter looked puzzled, he raised his eyebrows and added: “I was amazed.”


    Btw, the second co-founder, Steven Chen, was also the son of Taiwanese immigrants.

    Chen attended the Illinois Math and Science Academy and the University of Illinois at Urbana-Champaign. He was an early employee at PayPal, where he met Chad Hurley and Jawed Karim. The three later founded the YouTube in 2005.

    In June 2006, Chen was named by Business 2.0 as one of the "The 50 people who matter now" in business.In August 2006, Chen told Reuters news agency it was hoped that within 18 months the site would "have every music video ever created"


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  • Ramba
    06-18 06:15 PM
    485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.

    Here is the list I sent long time back.

    I-485 form

    1. 140 approval notice
    2. Offer letter.
    3. Fee
    These three are very important.
    3. 4 biographic pages
    4.Medical cover.
    5. Latest I-94
    6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
    7. Bio-graphic and visa pages of old and new passport.
    8. Birht certificate.

    Dependent and Child.

    All the 3 to 8.
    1.I-134 (sponsership)
    2. Bank statemnet (no tax or w2 forms, not needed)
    3. Marrage certificate.

    Thats all.

    got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.

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  • meridiani.planum
    07-18 11:39 PM
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?

    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.


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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.

    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.

    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.

    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.

    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.

    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.

    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.

    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.

    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.

    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.

    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.

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  • willwin
    02-17 12:37 PM
    The new PW system seems to be taking about 4-5 weeks, not months.

    Have you or your org. got any PW responses in 4-5 weeks?


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  • sundarraj_us
    05-25 04:04 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    3 weeks

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  • kum31
    10-04 12:10 PM
    Thanks for your response ...

    contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.

    so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?

    Hope it is clear for you ....

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  • paulinasmith
    08-20 08:06 PM
    Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?

    The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"

    02-10 05:02 PM
    The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    04-24 08:50 AM
    The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.

    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.

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