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  • kshitijnt
    05-14 07:06 PM
    What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.

    There are a few options:

    1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.

    2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.

    Pros & Cons:

    Consular:
    You get your GC as against EADs endless loop.
    You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.

    AOS:
    You and your spouse both get EAD. NO need to travel to foreign country.
    You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
    More time consuming and longer duration.

    The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.


    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!





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  • GCOP
    03-21 01:46 PM
    I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.

    Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.

    Hope this helps others.

    Can you please clarify, what details did you fill in following columns of I-94.
    1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)
    2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)

    My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ?
    I will appreciate your Input for the above questions. Thanks





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  • gveerab
    09-12 02:14 AM
    I have been in USA from 2000 and have been waiting for GC from 2004. Finally last year decided to buy and bought one. When I bought my house my kid was in 3rd grade, decided not to compromise on his education and bought a house in good school district.

    All depends on personal situation. I am not considering house as an investment, just a place to live.
    :)






    exactly my thought... you almost stole words from my mind :-)

    if i have to return to my country because of the immigration bs, it's this country's loss and the lender's loss - not mine. I did everything that I could... like an ideal citizen would do... and after all that if they want to kick me out, well then goodbye.

    Also one thought (on an unrelated note, sorry!) - I see a lot of people on the forum posting about how they finally got their GC's after 10, 12, 15 years. I am really happy for them. Having said that, its not a matter a pride that people have to wait for so long to get GC. In fact it's a matter of shame! And by the way before anyone pounces on me, I take care of all action items that IV recommends :-) I am just saying that I feel bad when people have to wait for 10-15 years for their GC. My opinion is (coming back to our discussion) - I base none of my decisions on my GC process. I bought a house, decided to take a student loan to go back to school, changed my job and hopefully if all goes well, may even take a promotion pretty soon. GC my kiss my you know what. The process will go on on the side, but it won't affect my life in anyway.

    Bottom line - whateva whateva, I do what I want! (for any South Park fans here)... haha..

    Sorry about blabbering! Chao!





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  • svgupta
    05-22 12:51 AM
    But haven't been able to figure out the signature mystery yet. Saved it millions of times but doesn't get tagged with my messages. Hope to be successful soon.

    :)
    stuckinmuck .. u made it!



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  • jsb
    01-14 10:58 AM
    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.





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  • joydiptac
    08-06 06:11 PM
    EB3 + 5 years experience/MS = EB2

    In todays schedules to come to I485 filing stage takes min 1-2 years. Let us assume 2 years. (personally it took 5 years)

    So lets say 2 people (EB2 & EB3) apply for GC in year X. After X+2 they are eligible to apply for I485.

    Let us say EB2 is current then EB3 should be current - 3 years. Otherwise the EB3 will have the motivation to refile in EB2 and clog the system further.

    If EB2's PD is (current - 3 years), EB3 should be not more than 2 years behind (The time it takes to get to I485 stage).

    I doubt people at USCIS have the time, interest or the inclination to understand this bit of simple math - As a result you will have people with multiple applications trying to to beat the broken system.



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  • unitednations
    08-16 01:36 PM
    I personally think that 6 month rule-of-thumb is nonsense.

    AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?

    I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.

    I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...

    People do not post these types of issues on immigration forums.





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  • desi3933
    06-18 03:25 PM
    Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?

    I-539 (Filing Fee $200). Application To Extend/Change Non-immigrant Status
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D

    One can have more than 1 visas, but only one active status when physically present in the USA.

    Exception: One may maintain H1/H4/L1/L2 status along with AOS Pending status.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002



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  • learning01
    04-26 04:45 PM
    but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)
    Can we do something in Indian regional news papers? I know http://www.eenadu.net or http://www.vaarttha.com/ two most popular online Telugu newspaper for skilled immigrants in US. Also www.idlebrain.com has popular enough which might help different group of people to know about what IV is doing.





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  • kshitijnt
    05-14 07:09 PM
    Contributed $200. I prefer one time against monthly simply coz I forget monthly bills.



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  • gc28262
    02-15 11:31 AM
    here also they process so many H1s..... for various many people.... skills/no skills... keep them on bench.... inflate resumes....

    Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.

    For them, this is their country. All jobs should go to them rather than a foreigner like you.

    What is your response for that ?





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  • hopefulgc
    09-05 02:18 PM
    "A valid reason to obtain an AP can be for leisure, visiting family, business and countless others"

    source

    http://www.visajourney.com/wiki/index.php/Advance_Parole

    Most people has very misconception about "parole". It is not a free/flexible travel document like visa. As a AOS applicant, one should not leave US till it is approved/denied. One MUST present in US during AOS. The parole is only for any emergency purpose; which is similar to prisioners. As USCIS is flexible, in approving the AP, the people don't realize the travel limitation of AP. They are travelling on AP for vatation/fun etc.. As per law, the AP is not intended for it. The CBP officer was right in asking the legitimacy of the travel. The AP document clearly says it is based on "humanitation" admission to retrun after an emergency travel.



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  • amitjoey
    10-05 11:48 AM
    We gave flowers. Now lets give 'em some brickbats -

    1) feedback@wsj.com
    2) newseditors@wsj.com

    Let the E-mailathon begin


    I agree, I was so upset when I read it... Thank you Logiclife for bringing that to our notice.
    I just wrote an email to the editors with the email address provided by walking_dude. My email says this:

    Dear Editor

    You mention in an article dated today that "HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers". And in the same breath you say that "In a poll 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship." Do you know the difference between highly skilled legal immigrants and illegal immigrants?. Why do you have to imply that all highly skilled are illegal, infact 99.99% of highly skilled workers (Tech workers) came to the USA legally and continue to live legally. They are here at the behest of their employers.
    So please correct your article to reflect that.

    http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj

    An Upset highly skilled worker





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  • BharatPremi
    10-18 11:16 PM
    Incorrect.

    You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.

    Yes you are right and I was incorrect for base information but for this original poster it will not still work as he has already taken a US passport for his child and thus his child is now US citizen and so Indian citizenship will not be granted. Please see the content of declaration on the link what you posted.



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  • REQUIRE_GC
    06-23 05:37 PM
    And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
    You could also use some cheaper USPS option. as long as it has some delivery confirmation.
    The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
    Ha Ha.

    I alos filed EAD renewal and Receipt came very fast. within 7 days. However when I enter case# on USCIS website, It says Case not Found
    Do I need to worry about it ? Or Need to wait for couple of weeks?
    Please advice.
    Thanks





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  • pappu
    05-27 08:32 AM
    Dear Members,

    We have worked hard in the last 4 years and have made some progress along the way Immigration Voice Achievements (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47) But Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.

    Our angst, our insecurity:

    Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.

    Early effort wins:

    The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.

    How you can help:

    You and help in two different ways:

    Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.

    Contributing Funds to help finance the effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Many expenses tied to the travel of grassroots members from distant states is being expensed by Immigration Voice. So kindly contribute funds to this effort by clicking on this link. You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.

    Thank you.

    Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).



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  • ujjvalkoul
    07-24 10:43 AM
    Guys,

    I applied in Feb 2006..My H1 Expired in Dec 2006. Canada ppl came back saying H1 should be valid for at least 1 year.

    Now when I get my H extension and reapply - can I use the same Police clearance from Indian Embassy and FBI that was sent in Feb 2006?

    ANy clues?





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  • DSLStart
    08-23 01:07 PM
    some time back when I had called I was told it was assigned to an officer (PD not current though). What does that mean?

    I never had any RFE, but my case has been bounced around for no reason. From TSC->CSC->TSC and I am told that it is not even pre-adjudicated not even assigned to any officer as yet. I have yet to see any more illogical organization other than USCIS. :mad:





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  • mugwump
    12-11 09:30 PM
    I find it hard to digest why would they mind if some one has been to India recently?

    Does this argument apply just for the indians or does it apply to individual of any nationality?

    THey have eradicated malaria from north america whereas we still have it in India. They dont want us immigarants or wanna be immigrants to spread diseases!!





    GCNirvana007
    08-25 09:31 AM
    65 pending cases for 2004 here. Even if we multiply by 10 - 650 cases?. Fair deal?





    hindichinibhaibhai
    03-28 08:45 PM
    Isn't it about time?



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