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  • PD_Dec2002
    06-22 12:17 PM
    Reply from Wife's Lawyer(Murthy):

    "It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"

    Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".

    Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"

    Not possible means "USCIS does not allow it. Period."

    Thanks,
    Jayant





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  • amsgc
    06-27 10:40 PM
    What is the correct adress to send the I485 at nebraka center via fedex

    and how to assemble the i 485 and 765 packet


    Sorry, I did not see the Fedex part of your question, but here is what I have found from experience:

    I had to send some tax related documents to the IRS earlier this year. And I went to UPS. They said that they themselves do not deliver to P.O. Boxes, but take the help of the USPS to get the job done.

    So, I went to the post office, sent it via the one where they give you a tracking number, and it worked out fine, and cheaper. I intend to do the same this time.

    Regarding the arrangement of documents in the packet, I would refer you to:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Someone posted that link earlier - i just saved it.





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  • karthiknv143
    10-04 06:28 PM
    Hi,

    Got the receipt notices (485, 765, 131) for spouse & myself by calling USCIS.
    July 2/ 2:02pm/ R.Williams. The receipt notice from SRC & I-140 from TSC,
    LUD on I-140 on 08/05





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  • bestin
    03-24 09:46 AM
    Yes, it is for a job which does NOT require security clearance.

    Is there a formal way / method to let the company and USCIS know of such discrimination ? Any published guidelines from USCIS ?


    My wife works for TCS and is on vacation .We tried contacting the local office here .Though the guy mentioned that they have projects ,he still wants her to goto India and comeback on TCS visa and sent her a email that TCS policy doesntnot allow EAD holders.



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  • helpful_leo
    01-02 02:24 PM
    hey walden

    for some reason, the pdf file is not opening....I will do the flyer posting wherever I can.....We should also probably write up a mail that can be mass mailed to recruit the many who are affected or may potentially be affcted by this issue, or whose loved ones are affected. We should also do a smart media camapaign- even try to draw attention of network programs like 20/20 or 60 minutes that have a mass impact- to the really tragic situation many ppl are in (esp. one case from the last board comes to mind- of course we have to be ultra-sensitive about privacy and other sensitivities of the individuals involved).....getting the attention of the major networks may not be as far fetched as it seems- much less worthy causes have been championed by these programs.....if we articulate it well to the producers involved, with the right mix of facts and the personal, I believe many will consider it seriously, even though immigration is a complex issue to many....like i said we shd not underestimate the american sense of fairness, and we have a very good cause where we need some of it.....it will appear dreadfully unfair to many that people who have been paying social security taxes for 5-10 years are not even allowed the security of knowing whether they themselves will be eligible for it when they need it! That notion will give a jolt to most unbiased americans who typically associate immigration with people sponging off the system





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  • sameer2730
    09-24 11:11 AM
    So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:

    EB3 india gets only 2803 per year with350 of those going to OW. How did you arrive at the figure.



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  • pappu
    01-05 10:21 AM
    Why are we not on Facebook? Or are we there??

    Not sure how it can help us?





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  • hpandey
    06-15 10:14 AM
    Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.

    L1fraud - what GC28... is saying is for DilipCr and not for you . Mr. Dilip has been touting himself as a highly skilled individual who is applying for citizenship now and wants that the rules should be made so hard now that no one else from India ( or for that matter anywhere else in the world is able to get EB GC ) . He says that most of the H1's and L1's are not BEST and the BRIGHTEST according to him .



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  • glamzon
    06-29 04:01 PM
    http://www.hammondlawfirm.com/alerts/july_2007_visa_bulletin_revision.htm

    check this .





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  • Ramba
    08-07 12:56 PM
    US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.

    US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.

    However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.

    Read this before you go further ..

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111



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  • english_august
    01-10 05:58 PM
    1. In the draft letter to president, the line "Reinstate premium processing of
    Immigrant Petitions." is a bit ambigous and dosent specify which petition.
    Shouldnt it read "Reinstate premium processing of I-140 Immigrant Petitions."

    People to whom this petition is going know that the Immigrant Petition implies I-140 petition. We do not want our letter to read like an alphabet soup.


    2. Also shouldnt the goals be in the order of ease of acheivability. Many of the
    more difficult (though more powerful) goals are at the top wheras items like
    reinstating I-140 premium proessing are at the bottom.

    What do you folks think..?

    You really cannot determine the achievable factor of a goal on a scale of 1 to 100 so that ordering is moot. In fact, there is some merit in keeping our most ambitious goals upfront - with enough support from the community we might just achieve them.





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  • yabadaba
    07-11 01:38 PM
    lol@glus



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  • gc28262
    08-21 12:11 PM
    If phone companies resort to misleading advertisements, you can complain to FCC (Federal Communications Commission)

    FCC Consumer Complaints (http://esupport.fcc.gov/complaints.htm)





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  • 485Mbe4001
    09-24 03:30 PM
    you are partially correct about this statement worldwide level = 140000 & EB3 = 28.6% of

    but there is another rules that screws us

    per country limit is 7% of the total, hence

    140,000 * 0.07 = 9800 per country limit
    9800/3 = 3266.66 per category if we assume that there are 3 categories. If we include EB4 & 5 the number is less than 3k per country. I think that this number is more accurate because most of the other blogs mention the fact that EB3 1 will get maximum of 3k per year if there is no spillover. My PD will be current if they set 5.5k per country for EB3 I, having been stuck in every step of this !@#!@ process i feel that the number will be around 2.8 (consular processing etc).


    I am not considering any spill over etc...

    here is what says on visa bulletin
    Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)

    The worldwide level for annual employment-based preference immigrants is at least 140,000.

    EMPLOYMENT-BASED PREFERENCES

    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.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
    preferences, not more than 10,000 of which to "Other Workers".


    worldwide level = 140000
    EB3 = 28.6% of 140000

    can you please clarify ?



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  • desi3933
    08-11 09:57 AM
    ....
    I am not worried about the three companies I know of , I am worried about other 3000 companies that I don't know of.
    I also believe, it is not the companies that are evil. It is the system that provides the incentive. And I am trying to take away that incentive.


    Any update on lawsuit, SunnySurya?

    Also, would you mind sharing your PD with us? This has been asked by couple other folks as well.

    Thanks and Good Luck.





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  • shouldIwait
    05-10 09:35 PM
    Please refrain from this cheap low level talk. By talking like this you are demonstrating you lowly state-of-mind, nothing else. :mad:



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  • dreamworld
    09-24 09:52 AM
    In essence what the memo seems to state is that I can have another employer file an I-140 petition, and if approved, simply substitute the I-140 in my existing I-485.

    Is that right?

    jazz

    Not to my understanding.

    I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.





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  • theonlyron
    01-05 05:49 AM
    Appt. date: Dec 20th, 2007
    Received the PP by express mail on Dec 21st, 2007
    Mumbai Consulate did not interview husband and myself. An Indian gentleman called us to the counter and told us that the VO had approved our H1B renewals and that we would receive the PP by courier the following day.





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  • fatjoe
    10-06 02:03 PM
    It happens to me too. Anything too good has always followed by something bad and vice-versa. I am just talking about the pattern. When my LC got approved, my spouse was severly ill and diagnozed with severe un-curable heart condition and is under expensive & tedious treatments now. We have to confront life as it comes and avoid making any hasty decisions based on the situation. That's the main reason, I am desparately waiting for GC, so that we could get better treatments, which I cannot even imagine to get in India.
    Anyhow, here is the letter I have drafted to Napolitino. However I would like to stress the point that USCIS has to approve the applications based on PD, but lost for words. (Thanks SoP for your idea of first few sentences in this letter)
    *****************
    Dear Secretary Napolitano:
    I would like to bring to your attention that my Green Card process is unfairly getting delayed despite the fact that all checks and clearances were completed and my application was pre-adjudicated. Above all, visa number is available as well to approve my case.
    I, <name>, have filed for I-485 to adjust to permanent resident status on August 17, 2007, based on employment (EB2). My priority date is July 2004 and is current and my case is beyond the stated processing time.
    I took infopass appointments twice after our dates became current and raised Service Request 40 days ago. But no action has been taken in our case so far.
    I am really frustrated about the long wait, considering the fact that all checks were done and our cases have been pre-adjudicated. My frustration is not only because of the long wait, but the applications with Priority Dates later than our ours like December 2004 and January 2005 were approved. I am not sure of the pattern followed by USCIS.
    Senator's office is already following up with my case. But nothing seems to be moving.
    Ms. Napolitano, your action is urgently needed to approve my case as I have been waiting for more than 5 years for the green card and I am afraid that visa number may become unavailable soon.
    **********
    I welcome anyone's suggestions to make the letter look more professional, catchy, touchy, etc.

    SoP/any one, feel free to send me a private message.

    Thanks.


    There has been some requests for the letter format that I sent to Napolitano and Mr. President. I can't put them in the public domain but I'll be happy to send them if you give your personal email ids.

    Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....

    In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....

    Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.

    I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....

    I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............


    Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...

    SoP





    appas123
    08-12 05:45 PM
    I have sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they responded with the following email content.



    Dear Sir/Madam:



    Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).

    In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).

    We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.



    We appreciate your email and look forward to reviewing your case.



    Sincerely,

    Office of the CIS Ombudsman

    so I need to send DHS-7001 form and I-140 approval notice.

    I have one more question too, Should I send G-28 form also.

    Please give me some suggestions on this.

    Thanks in advance
    I did not send G-28 even though I have an attorney. I think that part is only if you want them to respond to your attorney rather than yourself.

    Here are the answers to line numbers 10, 11, etc...

    10 - Choose (b) and (iv) within (b)

    11 - Choose (b)

    13 - I chose (b) and (c) since I had done both of those things. You should choose accordingly.

    14 - I left this one blank because I did not want to involve the attorney

    15 and 16 - Just write your name and sign. Make all family members do this to avoid separate forms for each

    17 - Leave this one blank once again because it is only if you want them to respond to your attorney.





    desitechie
    08-26 12:47 AM
    Looks like Vonage is turning the heat on in the VOIP segment. It will be good for us if Lingo and Telebend match or beat vonage.

    I would wait for a month and then decide which way to go.



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