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Monday, July 4, 2011

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  • ss777
    09-12 11:15 AM
    There is popular agreement among the folks that filing multiple I-485 is fine (if one sees a need) but file only one set of EAD/AP. My concern here is relating to which I-485 to choose for filing EAD/AP. Wisdom says choose the one with I-140 that is approved or whichever has greater possibility of approval. Say, I have both I-140's Pending and file EAD/AP with one of them. In case this 140 gets denied what is the fate of EAD/AP that is Approved. Will these become obsolete even if the status of applicant is AoS as a result of other 485?

    If the second 140(**) gets Approved before the 140(*) on which EAD/AP is currently filed/Approved, can I renew/Start filing EAD/AP on the approved 140(**)

    Can you please share your thoughts





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  • chandrajp
    04-20 02:12 PM
    I am getting ready to file I-485. Is it mandatory to apply I-131(EAD) and I-765 (AP)? I got 3yr extension which is valid till 2009 and i am not planning to use EAD anytime soon.

    What if i just apply for I-485 in the beginning and apply for EAD or AP whenever there's need? Please let me know.

    Thanks
    You can apply EAD/AP whenever you want to, provided you have filed I485. It need not be exactly at the time the I485 is filed.





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  • pappu
    08-21 12:38 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), .........

    If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

    We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.





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  • BumbleBee
    04-17 04:52 PM
    100% agree with 'whitecollarslave'. The case is not about h1b worker, but an AOS pending status worker, I would think this status is very similar/same as asylees, and refugees.

    I think taking h1b out of equation would help 'OSC' see through.



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  • desi3933
    08-21 04:33 PM
    I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..

    ""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""


    As per your profile
    Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007

    May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?

    One more -
    Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?





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  • nkavjs
    09-21 08:59 AM
    Just like me.. email to your senator, congressmen and USCIS complaint dept.



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  • jonty_11
    06-29 04:22 PM
    Guys - if u havent been paying attention, this discussion have been ON since yesterday as reported in many threads.....Thisis not new....
    If it happens we will start sagain to get a Relief Bill passed in Congress....IV go!! Get 'em





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  • va_dude
    08-26 11:51 AM
    I think having vonage is more than just about calling india and the calculated rate of a call per minute.

    It gives the customer a home phone too. Remember not every household functions with only cell phones.

    So for the convenience of having a home phone and being able to use that same phone for international calls too and getting just one flat rate bill for the whole thing is certainly of value to consumers.



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  • ncrtpMay2004
    08-07 07:47 AM
    Best of Luck.

    Before you file the law suit consider this,

    The system is designed to get GC faster to the smarter (EB1, EB2, EB3 etc) or the rich (Investor). Sometimes circumstances decide in which queue you start the journey, Employer, attorney, how many days left in h1b etc, etc, etc

    I do not like to jump queues and resent people who jump queues. But these are the people who look for opportunities and exploit them. These are the smart ones.

    System favors people who are skilled (higher the better), By finding (new Labor, new I140) and using an opportunity these people have proved that they are worthy of the faster queue (eb3 to eb2, eb2 to eb1 etc).

    What is wrong in rewarding the hardworking smart person with the original PD. After all that PD was established for that person(thank god LC sub is gone). That is the day an employer decided to sponsor GC for that person.

    I know you are asking
    �What about me, I was working hard in the University (MS/PhD)?�
    Your reward is you get to start the journey in EB2, 1 year+ in EAD and 6 years in H1. If you are really smart you would have got your employer to apply for GC with at least 5 years left on your H1 clock.

    The system is designed to create conflict.

    Having to exit the freeway to change lanes does not make sense to me.





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  • jags_e
    07-09 08:11 PM
    There is achance that the TV hosts may take us seriously.

    Also, If we believe in Gandhian way, we shouldn't care...


    No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.

    jazz



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  • IVFOREVER
    12-01 01:30 AM
    Hi all ,

    Whoever is using Vonage unlimited $24.99 or $32.XX world plan; Today I received a mail from Vonage .

    "Dear XXXXXX XXXXXXX,
    >
    > Thank you for using Vonage as your Internet telephony provider.
    >
    > In the course of Vonageb
    >
    > Please reply this email or call 1-(866)-254-3704 (Monday to Friday 9:00am to 5:00pm EST) so that we may discuss your rate plan. If no response is received within 72 business hours, I will need to change your account to the Small Business Premium Unlimited Plan at $49.99 per month plus tax. Your international calls will be billed at the corresponding per minute rate for the destination you are calling. You may view these rates by visiting:
    >
    > Vonage - International Per-Minute Rates (http://www.vonage.com/international_per-minute_rates/?lid=sub_nav_international_rates&refer_id=WEBFT0706010001W1)
    >
    > Please be advised that if no response is received by December 7th, your account may face suspension or an immediate change in rate plan.
    >
    > Please review the Vonage Residential Terms of Service section 5.4 below.
    >
    > 5.4 Inconsistent with Normal Use.
    > If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at Vonage's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive numbers and/or consistent excessive usage (i.e., More than 5,000 minutes per line per month for unlimited residential calling and/or more than 10,000 minutes per line per month for unlimited small busine
    > ss calling), will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review by us. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered indicators that use of the service may be inconsistent with normal use for the subscribed monthly plan(s) and may trigger an account review by Vonage. Failure to contact Vonage in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in Vonage's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and device or other rebate recovery charges. Vonage's right to terminate your account under Section 6.5(b) (with or no reason) is not lim
    > ited by this provision. For a non-exhaustive list of example!
    > s of use
    > s of our service inconsistent with normal residential use, see below.
    > b
    > b
    > b
    >
    >
    > If you have any questions, please reply to this email or contact me at 1-(866)-254-3704.
    >
    >
    > Sincerely,
    >
    > XXXXXXX
    > Vonage Usage Department
    > Revenue Operations
    > 1-(866)-254-3704
    "





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  • lazycis
    10-18 01:27 PM
    I am not sure that even simple letters get thru. Neither Mr. Cannon nor Mr. Hooton responded to my letters. Mr. Cannon, however, responded to the inquiry sent from President's office. His reply was brief. Rest assured, he wrote, your name check will be completed before the next eon :)

    I am not able to attach part of the declaration describing NNCP and USCIS name check. It's a PDF file, about 600K. Are there any limitations on attachments?



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  • indianabacklog
    01-27 08:53 PM
    btw, since we have some engaged brits listening....is it worth the money to take the chunnel between paris and london? anyone done it? what's the best way to find cheap flights in europe? local insight would be much appreciated!!
    as you can see i'm looking forward to london again ;)[/QUOTE]


    The chunnel is a great way to travel to Paris, much more door to door than flying and nearly as quick if you count the waiting around in the airport.

    The only way to get cheap flights in Europe is to use one of the cheap charter companies, such as Easy Jet, BMI Baby, Ryanair etc. There are more. There is a website that I use to use called cheapflights? If you go to Yahoo UK and search for cheap flights lots of options will appear. I am pleased you enjoyed your stay in London. I like the city, but to visit, just like New York.





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  • gc_on_demand
    09-16 11:36 AM
    WOW that is good.. by nov they will clear all backlog ..( Pending more than 1 year ).. from June 2009 name check will be cleared in 3 days..



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  • factoryman
    06-18 05:15 PM
    EOM. Should this be a question or if you use less paper, will you be considered environmental friendly and way to faster GC.

    Don't waste your time and energy on trifles. I can, because I am done with filing and work at office.
    How the forms to be printed? One sided or back to- back?





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  • test101
    07-09 06:36 PM
    Time to send pizza then



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  • cbpds
    09-02 05:48 PM
    mr whydidntufileurgc,

    U completely understood me, my point was Vonage may start charging such as 1c per min after few months once they have got most of the new customers.

    I am not talking abt 5000 min fineprint here.

    yes I do have a job :)

    Are you realistically gonna talk more than 3hrs on phone everyday sitting at home? Do you have a job?





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  • prasadn
    09-23 05:23 PM
    they are RD's not PD's

    IF they were PD's we shouldnot be seeing anything after Jul 2007 [as those were the farthest PD's ever reached].

    Seems logical, but on the other hand if that were to be the case, then why isn't there a spike in June-July '07 to reflect the deluge of 485 filings?





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  • santb1975
    01-11 11:21 AM
    Keep up the good work

    I am upto 14 letters signed, sealed and mailed to the President. I am waiting on a few more to come....It took probably an hour over the past week. Guess what...in the process I educated over 20 Americans about our issues. Guys this can have a cascading effect if we talk to people we know and get these letters. We all need to step up and actively talk to all Americans we know and get these letters. They are our support bank when its time for larger fixes and we need Americans to call their Congressman & Senators to help us.

    Talk to EVERYONE you know and get a letter signed. It would be great if everyone mentioned the number of letters they have got when they put out posts on this thread. Lets not just talk the talk but WALK the TALK!!!:D





    PlainSpeak
    04-04 08:18 PM
    He told me EB2 dates might move to the end of financial year 2009 so that would mean Sep 2009. There are you happy now .....

    Now stop this stupid thread

    Aapne lalach ka yeh behuda natak ab band karo

    Think about all those EB3 I out there. Have some shame. How would they feel if you talk about your own GC and get giddy about it in the forum when they have no hope. At least take your rejoicing to a private donor forum.

    Thats the least you can do





    nrk
    08-17 02:01 PM
    congrats..

    All,

    Received CPO mail today for self, wife but then after 30 mins the status changed to 'deceison' .
    Does this mean I am greened?

    EB2 - India PD DEC 22 2005. NSC
    I-485 receipt date: Aug 21 2007.
    Opened SR on 08/11/2010



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