Saturday, June 11, 2011

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  • Jubba
    09-04 08:23 PM
    heres another way to do it

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  • Hassan11
    04-08 11:13 AM
    is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.

    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.

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  • thescadaman
    07-26 08:40 PM
    I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..

    For everyones else benefit...

    for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.


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  • alapkd
    09-01 01:49 AM
    good but sad article, thanks for posting.


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  • Ryall
    09-05 02:23 AM
    hye I dunno what all of your opinions are, but I think that pixel stretching and similar effects that are so popular now - can more easily take away from a picture then add to it.... just MHO - seems like people use it 'cuz it is "in"


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  • waitin_toolong
    04-28 09:16 AM
    that provision was only during the fiasco, you can efile and should send the documents as requested.


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  • martinvisalaw
    03-18 03:30 PM
    Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

    It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.

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  • gantilk
    04-27 11:26 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?


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  • amitkhare77
    08-10 12:06 PM
    I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
    I would recommend you the following -

    make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
    You have a copy of I-140 approval
    your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
    you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

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  • man-woman-and-gc
    03-09 05:37 PM
    I had dream last night, part of which I still remember.

    As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
    I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
    I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

    And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on As after these many years,browsing IV forums became my habit.

    And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.

    I know all of of us are desperate for the Green...but we just can't stop living without it...For heaven's sake, if you want to buy a house, please do...several of us including me have taken advantage of buyers market and living in our own homes...if you want to change a job..go ahead, so many have taken advantage of AC21 or even started a new labor to change their line or grow up in their jobs...if you want to go for Europe tour...go for it...I went there last summer and so did so many others on visitors visa..its an incedible experience which should not be compromised for a GC.

    GC does makes life a hell lot easier, but we are all hard working people....who had the courage to come so far from our loved ones....we don't go for what's easy, we do what's necessary.


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  • Jaime
    02-02 12:47 AM

    Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:



    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
    `(2) has at all times been a person of good moral character;
    `(3) has never been convicted of a criminal offense in the United States;
    `(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
    `(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
    `(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
    `(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
    `(c) Admissible as Immigrant-
    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
    `(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
    `(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
    `(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
    `(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
    `Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

    ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)


    Gurus, any comments? Wouldn't this be great??

    Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

    Any thoughts???

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  • vinabath
    07-31 11:05 AM
    Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)

    You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.


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  • nath.exists
    04-09 11:01 AM
    short clip Telecasting in desi channels will be a good idea. as i know lot of indians watch desi channels.I still know many in my relatives who are suffering from green card retrogression but are ignorant of and core team.all of them have desi channels through dish. we can telecast a short 10 second add in these channels and also telecast in u.s. channels to get widespread desi support and also all other green card retrogression victims telecasting in these channels many ppl back in india will also know about the problems we indians are facing in u.s.a due to gc retro.we have to use popular media like t.v and internet as much as possible to get fellow victims and would-be victims know about us.yesterday i have posted in various communities like 'indians in america','hyderbadi's abroad' in about we can target many social networking sites,, and other websites.chain mails like forwarding the plight of gc victims to all other friends and so on...and sending offline messsages through yahoo messenger etc .what say ???

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  • san3297
    11-10 01:52 PM
    Anyone came across this scenario...


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  • small2006
    07-11 12:14 PM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.

    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?

    Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.

    I have anyway taken another info pass appointment there again just to try my luck again.

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  • sathweb
    01-21 10:30 AM
    rumour say retrogression may lift on march 2009, is it true????

    You created a new account just to start a rumor?
    You got five red stars from two posts! that must be the new record.
    We have seen gazillion rumors like that in the past. We don’t need to answer your question; you will get the answer if you ask yourself.

    At least start a rumor that is believable, like...say "Every IV member is going to get Green Card in next 30 days, Executive order from President Obama".


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  • qualified_trash
    05-17 01:53 PM
    You may try

    My employer uses them and I have had an excellent relationship with them.

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  • h1techSlave
    07-16 10:26 PM
    Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.

    I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?


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  • Redeye
    12-19 08:26 PM
    Abhjitp thanks for your reply.

    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.

    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.


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