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  • RDB
    11-25 12:38 PM
    Btw, who told you that guys like punjabi and others overbid or bought a house that they cannot afford? They could and still can afford these houses i.e. the monthly mortgage payments; the only thing they cannot do in the current market is to sell it (even at the price at which they bough i.e. break even) and that is why they are stuck with it if/when they decide to move to another city/job - so no point blaming these guys. If you want to blame somebody, blame the banks who appraised the same house at 500k 2 years back which they are appraising at 400k today, there in lies the problem.

    People like you and boreal are doing much better because you decided that a 2 bed room house for rent is what you can afford because the prices shot up by guys like punjabi who wanted to make money and overbid on an house they cannot afford. Otherwise guys like you and many others would have bought house at a resonable price.
    Don't you see what is happening? They live a rich man's life buying house that they cannot afford and then they foreclose with banks taking the hit. The banks in turn gets money from Governement, which they tax on people like you and many others who are renting, so that the guys like pubjabi are entitled to big house and bailouts. This is sick. Where is my bail out money. I want my rent to be subsidized too. I think boreal 's anger is real.





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  • sunty
    10-01 10:40 AM
    According to Ron Gotcher:

    "There shouldn't be any debate, as the statute is explicit:"

    EB2 INDIA future for fiscal year 2010 - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9181-eb2-india-future-for-fiscal-year-2010-a-2.html)

    Let's see if DOS follows the law as the USCIS pending numbers clearly demonstrate that spill over to oversubscribed countries will be required(by law) in the first quarter, moreso with the new "Pending I485 numbers" report that will be released by USCIS hopefully in a month or two (since Aug25, 2009 report didn't reflect the EB2I approvals in Sepetember 2009).

    So December 2009 Visa Bulletin Dates should include spillover visas. Hoping for the best.





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  • katrina
    05-10 02:49 PM
    My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if

    >she can file 485 by being in F1 ?

    If you are under H1b and she is applying for 485 together with you then answer is yes she can.

    >Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?

    No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.

    >What will be her status when she starts using EAD if she filed being in F1?
    Once she filed 485 she will be waiting for her status to be Permanent resident.
    her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.

    I'm not a lawyer what I've told and writte has to be confirm with your attorney.


    Also Please see below answer by Attorney Murthy:

    Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?

    Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.





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  • indianabacklog
    01-27 08:26 PM
    Just a couple of comments about Heathrow. The mainland of Britain was plagued with the IRA bombing it periodically for decades which forced them to be diligent about security long before the USA knew what terrorism was. Being security conscious has become a way of life on that little island in the North Sea. Just try finding a garbage can on a railway station platform? There are none so the IRA could not plant bombs in them.

    Now about the staff at Heathrow. Surely anyone with eyes that work can see most of them are not British at all but immigrants of some variety or another. A true Brit is a very friendly individual. The invasion of their island during the past fifty years has changed the face of the entire community, not all for the better that is for certain.

    And finally, transit visas etc. If they are needed and that is the rule and you cannot find a different route then it is something that has be lived with. The US had them and still has them for certain nationalities, the UK is certainly not on its own. I have been living in the US for almost a decade now and have been stung by their immigration rules as all of the contributors to this forum probably have but we chose to come here so have to put up with the system.

    We all have choices so if you do not want to get transit visas just choose a route that precludes the need for one. Ten pages bad mouthing the UK is not helping anyone it is just antagonizing those of us who originated there.

    Just because the majority of immigration voice are Indian it is certainly not all and I think that gets missed on so many occasions. We are in the midst of the US immigration system together, or so I thought.

    Every country has its own rules, some will be in our favor some will not but if we choose to go there we have to live by them. It is entirely NOT appropriate to expect countries we visit to bow to us on any level!!!!!!!



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  • trueguy
    08-21 12:22 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........


    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.





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  • CADude
    10-12 06:54 PM
    Please send your proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help for future applicants. I don't want anyone go though this random waiting game. Thank you

    wow.. I finally got my receipt numbers.. I called USCIS and it seems it was just entered into the system today. It starts with LIN...

    EB3 India
    PD-Dec02, I-140-Nov06 TSC
    July 2, Got the receipt for I-485 and EAD today



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  • EB3Victim
    06-29 04:19 PM
    We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.





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  • qvadis
    08-22 03:09 AM
    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006.

    The law comes actually down to the following two rules:
    (1) horizontal spill if visas available
    (2) vertical spill for visas not required

    The language in (2) is much stronger. A visa number that is still available cannot be required at the same time. So one could argue that DOS is now misinterpreting the law.



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  • indigo10
    03-30 06:37 PM
    Hopefully this is not a April fool joke!!!.


    Hope all the dreams come true with flying colors, like India winning the cricket match againt pakistan today, what a great match it was..

    If its an April fool Joke we should know on Apr 1st
    Otherwise we will know in 2nd week.





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  • sheela
    11-06 10:30 PM
    how do i check if my name is stuck in fbi namecheck or cleared? Just callin USCIS will provide the info or is there anythin to be done.

    I had applied for 485 on July 2 nd.

    You may call 1-800-375-5283 +1,2,2,6,1 enter RN, +1,1 ( listen recording), press 3, press 4 (This will take you directly to your service center), wait for IO (may take several minutes) and good luck



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  • nitinba
    06-29 05:43 PM
    what backlash from non-citizens, we cant do anything here buddy





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  • sc3
    08-21 01:00 PM
    If I am not wrong VDLRAO is predicting Eb2 will be current with in a year if USCIS continue horizontal spillover. What is wrong with you..

    I dont know what VDLRAO is predciting, I was responding to someone, oh wait a minute, it was your post a couple pages back that said "...as from VDLRAO's post Eb2 does not need much visa to become current ..".

    So nothing is wrong with me, but you better ask that question to yourself.



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  • bigboy007
    10-14 10:12 AM
    Atlast got receipts by calling USCIS - after 1 days i saw checks cashed , receipts waiting. thanks for all ur help guys keeping looking for and as per USCIS they are bound to clear all the backlog by end of oct





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  • ZigZag
    08-12 01:12 PM
    Same is the case here.

    Opened a SR on 10Aug2010 and got my CPO mail just today. Although I was very sceptic about following up with USCIS by opening SR etc, now I think it definitely helps. I did not get to speak to an IO or escalate my call to a supervisor, but it still worked. Until I opened SR, nothing was happening and my case status which I was checking 5-6 times a day, remained static with no LUD/HUDs.

    So, my recommendation to all those whose dates are current is to at least open a SR so that someone at USCIS looks at your file. If everything is OK and the case is pre-adjudicated, then approval will come through. Also, my guess is they have already allocated a Visa number for all those cases that are current (reason- Dates did not move too much forward in September Visa Bulletin). Good luck to everyone waiting. I am sure your turn will come very soon, but at least open a SR to expedite it somehow.



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  • kalia
    06-29 06:10 PM
    Nothing will happen. The dates will be retrogresses on Monday. May be we will see 'U' in Visa Bulletin. The AILA will try to pursue DOS and USICS but they will politely say "sorry for the trouble" This will lead to the law suit. Some people will submit their resignation. In the next year you will see those at some higher post somewhere.

    Wow. We are living in the great country built by Immigrants were there is no value of Immigrant. For undocumented immigrants, there are senators to help them. For rich people, they have money so don't have to do anything. For middle class immigrant like you and me IV forum is there to show our frustration.

    I am now seriously thinking of going back to my home country were I would be considered moron who came back from US.





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  • dhesha
    08-16 03:08 PM
    Finally I got the CPO email today. After 10 years (first GC was filed in 2001), it was our turn today. I received for me and my wife both.

    Good luck to all who are waiting!!!!



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  • beautifulMind
    09-23 04:21 PM
    I guess we'll need to ADD to that number:
    1. BEC stuck folks who could not file in July 07
    2. PERM approvals starting August 07

    to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.

    If I have to guess-- (1) would be very less, may be 100-200 max
    (2) around 5000 ( just a PUMA)
    So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.

    If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)



    Pending applications should include dependents as they have their own 485





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  • aquarianf
    06-18 10:45 AM
    My lawyer only asked for the W2 ans tax returns for the last two years. I think the latest two to three years shall be sufficient unless USCIS asks for all specifically.

    Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be sure.


    My attorney is not including any w2s/tax returns at all. According to her, their firm never files these documents and got many approval without any issue. Did you see any instructions in 485 forms that says that they are required?





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  • kevinkris
    10-02 01:26 AM
    Hi All,

    My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.

    He already has valid Advanced Parole with him.

    He wants to if there are any issues for him to enter at port of entry?
    Any documents or print out of approval etc to be carried with him?

    Does he needs to tell the office that his GC got approved?

    Please help.





    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.





    dhesha
    06-27 03:43 PM
    Hi ,
    I left the SSN for my wife blank in I-765
    My attorney told me to fill in ITIN # if available.
    My wife is on H4 and she do have ITIN#.
    I am confused.
    Can anybody please clarify.

    Thanks In advance


    ========================
    Contribution so far - $100
    Can somebody answer this....



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