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  • gc_in_30_yrs
    11-21 06:59 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.





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  • Motivated
    10-26 01:38 PM
    Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"

    he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........

    Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)





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  • bharat2008
    10-19 11:20 PM
    Hi ,
    Ask your future employer to apply new H1B with consular processing(no change of status).
    Wait till you get the H1B approval ,book an appointment at US consulate(preferably home country)and get stamping.As everyone mentioned you cannot work till you get I-797 and get stamping.





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  • dtekkedil
    07-03 10:53 AM
    I am sending a flower with a note to LincolN, NE address.
    Could anyone give me the complete and correct address?

    We should all send individually the flowers.
    --sri

    Hello sri...

    I understand your need to do this right now! But it will be more effective if all those flowers go together! Even if we send them individually... it should be done such that Emilio gets them on the same day!

    Set a date for when to send them and either we all send them individually on that day or if IV takes over the funds... let IV mail those flowers on the same day. My opinion is that sending them individually will make it difficult to coordinate. Everyone is busy... and it is quite possible that some of us may forget to mail the flowers!

    Besides.. it is easier to just put the money with a central authority and then let that authority take care of sending those flowers on the selected date. That way there is less hassle for those who want to contribute.. that way we get more people to support us!



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  • ivgclive
    03-21 06:29 AM
    Only for the first time it is hard for you. Second time it becomes very easy.

    There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.

    Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!

    Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.

    :D





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  • wandmaker
    10-26 10:54 AM
    I am also one of those, who received the EAD while the online case status reads as "Case Received and Pending"



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  • dtekkedil
    07-03 11:16 AM
    I am sending a flower with a note to LincolN, NE address.
    Could anyone give me the complete and correct address?

    We should all send individually the flowers.
    --sri

    The address -

    The Honorable Emilio T. Gonzalez
    Director U.S. Citizenship and Immigration Service

    20 Massachusetts Avenue, NW
    Washington, D.C. 20529





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  • Ψ
    06-11 06:12 PM
    lol wait till u see what i come up wit.
    hope it would be better than urs VD.



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  • jungalee43
    01-14 02:52 PM
    You asked for any news at all and here is update posted today on immigration-law.com

    "01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

    Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
    As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

    Hope you feel relaxed for the day





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  • carolva77
    05-27 11:50 AM
    up



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  • venky_handsy
    03-07 10:46 PM
    you are fine. if you are on vacation for x number of hours...that is fine.
    they will see per month salary ..or per hour salary matches your labor wages...be kool.





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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram



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  • Munna Bhai
    11-15 04:27 PM
    This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.

    No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.





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  • tikka
    06-03 01:14 PM
    http://immigrationvoice.org/forum/showthread.php?t=4618&page=23

    Thank you



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  • xu1
    07-28 05:41 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    My EB3 perm took about less than 5 months from pre-app to approval, during which there was about 3 weeks of delay due to my own mistakes.

    Pre-app ad campaign for me took the lawyer about < one month for the job description, one month for posting, and two months for interviews and filtering and stuff, maybe another couple of weeks for final prep and filing. It was approved in less than 2 weeks of time.





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  • vindas
    06-14 04:05 PM
    I have 3 yrs graduation and 2 year post graduation and one year diploma in computer application. I have 18 years IT experience. I am working in managerial level after filing AC21. But my lawyer says I am not eligible to file for EB2 labor and port from EB3 to EB2. So I am still waiting for my i-485 to be approved. Anyone have any clue if it can be possible to port to EB2.

    Priority Date -Sept 2003
    I-485 - Aug 2007
    Filed 3rd EAD today.



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  • Desertfox
    04-28 12:59 PM
    Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?

    You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.

    You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.





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  • krustycat
    03-09 07:33 PM
    if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

    Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

    My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.





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  • hoolahoous
    09-15 06:23 PM
    How about making it standard format. That will make it easy for admins/reporters to sum it up. For e.g. millions of dollars per year paid as taxes by people stuck in GC queue will make a good impact. And so would the average amount of years a person has to wait to get GC. So format could be

    1) Name
    2) Picture(s)
    3) Average Tax paid per year
    4) Years in US
    5) Years waited for GC
    6) Number of US citizen kids (with age)
    7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
    8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)

    Feel free to improve on it.





    chandra140
    08-25 09:14 AM
    Hi kondur_007,

    Now can i do the 140 premium processing,to know the result asap.

    If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

    Thanks for ur response.





    yestogc
    11-17 02:26 PM
    using AP with H1B will not affect your h1b status in anyway.

    Go with what roseball said ..................... 100% true