Monday, June 27, 2011

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  • somegchuh
    01-03 04:16 PM
    It really depends on who you ask. But my point is if you decide to stay in US in the long run, aren't immigrant divided between their kids and their parents?
    I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.


    qualified_trash,
    In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.


    yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.

    also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))




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  • axp817
    11-25 04:00 PM
    A general question - Is it normal to see LUDs on the 485, approved 140, approved 765/131 a few (3) weeks after sending AC21/G28N documentation in?

    I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?

    Any response will be highly appreciated.

    Thanks,




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  • rajuram
    05-24 10:42 PM
    Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.

    We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.




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  • shukla77
    06-11 04:59 PM
    Now people are going to use this site to sell mangos, T shirt, skirts, coconuts.... etc ..:D Thats the only thing we needed other than usual bickering..


    Anybody wants Indian mangoes?



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  • vactorboy29
    03-06 04:30 PM
    I saw LUD on our both applications on 04/05 and 04/06 .I think at least they are shuffling through Piles of application.




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  • unseenguy
    02-08 05:24 AM
    You need to take control of your family. The problem is that you allowed your inlaws to take control of your family. Second problem is that at the time of delivery the girl probably wanted her parents to come to US but you probably called your parents and she didnt like this nor did her parents. But that does not mean her parents will emotionally blackmail her.

    1) You should tell your inlaws politely and candidly that they are interfering in your family and that needs to stop. Also communicate with your inlaws through your wife. Do not communicate with them directly. You did not marry them. They are no body to you, legally.

    2) Your wife is under immense stress due to baby and parental pressure to control her. Her parents are trying to control your family through her. This is not the time to talk about separation because she has a young baby and she needs you as much as you need your baby. So you have to tell your wife what your inlaws are doing is not acceptable and just be firm that you will not tolerate it if she wants to live with you. And let her choose between her parents and you. This will be hard but you have to show some mental toughness.

    3) When you got married , you started new family, you moved out of family of your parents. Though you dont have to break up with them, there may be some things that your parents do, that your wife does not like. You might think it is OK for your parents to advise or ask her to do things in certain fashion, but, it is NOT OK if she doesn't like it. She is a matured adult and can take care of her new family. So if you wish good of your parents, you have to "keep them at a safe distance." They should not interfere in your affairs.

    4) You both husband and wife, need to handle each others parents in a matured way without insulting them. Both of you cant change your biological parents, but you can handle them diplomatically without insulting.

    If this doesnt work, and you really want to separate, just tell your wife, that to allow things to cool down, you can live some place else for 3 months and assure her that you will take care of her and the baby. That will send a very clear message to your inlaws of the things to come. You just cant threaten to separate and run away.

    Last, I do not know again how you treat your wife and inlaws. I dont mean to judge but do you treat them right? Why are they so desperate in this situation? Also I do not know any money transactions you have with inlaws, but, I would say, its not a good idea to involve inlaws in any kind of money. You invite 50% problems there.

    Also I am confused, are you living in India or US?



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  • nixstor
    04-30 02:57 PM
    Tony Edson, Charlie Oppenheim's boss explaining the process of how the PD's are moved in VB. Says CIS uses 90% of the EB visa numbers. Says their job in last quarter becomes tough because of unpredictability and talks about the 95% utilization rate of visa numbers with in DOS




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  • Caliber
    03-12 11:14 AM
    Pappu,

    I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month. Rethink!

    Dear ItIsNotFunny,

    For committed people like you, we can request IV core for some special consideration.

    But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.

    Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.

    I support IV



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  • kvranand
    01-14 01:16 PM
    Recieved an e-mail from USCIS that our (family) AP's are approved.
    RD 08-13-07 (NSC)
    ND 09-19-07
    AP 01-11-08 (4~5 processing time!!)

    I believe this info is helpful for those who are waiting.




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  • satyasaich
    07-14 04:37 PM
    Please please come forward .
    $5 is truly a small amount but can make a big difference, only if all of us contribute

    Reasonable begining for this, but can be done more.

    Please support IV



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  • lazycis
    11-20 01:11 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."




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  • PD_Dec2002
    06-02 10:12 PM
    Canadian_Dream, I think your interpretation is wrong..

    ------------------------------------------------------------------------
    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.

    -------------------------------------------------------------------------

    I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)

    java_jaggu :

    yes, we both are saying the same thing.

    Thanks,
    Jayant



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  • gbof
    02-08 01:59 AM
    Unfortunately, I had to deal with my so-called high society, dim-wit, shame-less, tradition-less-good-for-nothing in-laws (my wife's parents n all). They wanted me to run their family too and were becoming a kind of big emotional/medical liability and financial burden on me (although, they had ALL resources and I assume LOT of money too. After tolerating and caring for nearly a decade, I HAD to DUMP them 9-years ago (after I landed in US) as they were becoming too much for me. They will care only for their own-self (will never bother to see even if you like it or not), will never care if it will be convenient to me in high demanding professional job. They will never shy an opprtunity to brag, steal/rob credit for anything even not remotely linked to them and were simply loose-mouths.

    They could dare not to open-up again. But this 'Dumping' slowly and gradually has affected my family life. I really donot understand what tradition-less craps in the society there or here finally gain...If they are not capable of rejoicing the prosperity of their own daughter's family. I believe, it is actually not so common as any normal well thinking individual will never ever do this. I can never think even in worst of my times, if I can do any of that stuff to my two growing up daughters. Well this is first-ever I opened my heart anywhere..

    I only pray 'God bless our family (GBOF)' as you see in my IV-handle
    ..gbof..




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  • peer123
    07-18 08:02 PM
    Labor PD: April 29, 2003 (EB3)
    140 Approved Date:
    140 approved from: NSC
    Mailed to NSC: June 1st
    Received at NSC: June 4th
    Receipt Date : June 5, 2007 This is what everybody gets now ........
    Approved I485: Notice date : June 18, 2007
    FP Appointment: July 11, 2007
    I-485 : PENDING


    My application was received on 12 the July but mailed on june 15th...
    receipts are received by my lawyer....

    what atcually is the notice date...



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  • mn1975
    01-03 01:22 PM
    Filed on Aug 15th , still pending




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  • bkam
    01-31 03:04 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.



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  • kinvin
    05-08 04:11 PM
    Thanks,

    I have a labor pending since May 03 in NY and my employer received the just finished the advertisements last week. So I guess it will be a couple of more months before I even see an approval on DOL's website.




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  • computer_gig
    08-11 11:04 AM
    Hi All
    I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?




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  • sreeanne
    03-20 10:35 AM
    Guys,

    I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.

    sree




    chanduv23
    11-14 05:35 PM
    It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.

    RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.

    It's confusing indeed.

    My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.

    If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.

    Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.




    texanguy
    09-10 10:43 AM
    you still have till end of this month...

    I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.



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