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  • questions
    06-10 10:07 AM
    Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.

    -Sri

    Hi Sri,

    thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?




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  • yabadaba
    04-22 02:26 PM
    This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.

    Jan-05 C
    Feb-05 C
    Mar-05 C
    Apr-05 1-Apr-02
    May-05 C
    Jun-05 C
    Jul-05 C
    Aug-05 C
    Sep-05 C
    Oct-05 1-Nov-99
    Nov-05 1-Nov-99
    Dec-05 1-Jul-00
    Jan-06 1-Jan-01
    Feb-06 1-Aug-01
    Mar-06 1-Jan-02
    Apr-06 1-Jul-02
    May-06 1-Jan-03
    Jun-06 1-Jan-03
    Jul-06 1-Jan-03
    Aug-06 U
    Sep-06 U
    Oct-06 15-Jun-02
    Nov-06 1-Jan-03
    Dec-06 8-Jan-03
    Jan-07 8-Jan-03
    Feb-07 8-Jan-03
    Mar-07 8-Jan-03
    Apr-07 8-Jan-03
    May-07 8-Jan-03
    Jun-07 1-Apr-04
    Jul-07 C
    Aug-07 U
    Sep-07 1-Apr-04
    Oct-07 1-Apr-04
    Nov-07 1-Apr-04
    Dec-07 1-Jan-02
    Jan-08 1-Jan-00
    Feb-08 U
    Mar-08 U
    Apr-08 1-Dec-03
    May-08 1-Jan-04




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  • azure
    03-20 12:34 PM
    Not sure....but here is a related link.

    http://domenici.senate.gov/news/record.cfm?id=251739




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  • diqingshen
    07-11 02:09 PM
    From my lawyer:

    We are being told that they are holding all of them for now. We are unsure
    where this will land because of congressional pressure and lawsuits that
    will be filed. We are still waiting to get more answers about what
    immigration plans to do.



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  • pappu
    02-02 02:54 PM
    House Immigration Subcommittee Holds Hearing on Naturalization

    On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

    Remarks by Subcommittee Members

    In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

    Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

    USCIS Director Emilio Gonzalez

    Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

    In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

    Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

    During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

    Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

    Non-Government Witnesses

    Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

    Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

    In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

    Additional Information

    In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

    He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.




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  • gc_chahiye
    07-19 01:55 AM
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html

    Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?

    There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.



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  • eb3India
    04-19 10:39 PM
    simple answer, many of us did'nt to do what it takes to get a legislation passed,

    how much did you contribute this year to IV in terms of monetary and efforts, how many senators did you call and voice your support




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  • makemygc
    06-14 11:20 AM
    Any one???
    I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.

    Note from Immigration-law:-
    It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.

    Can someone answer please???



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  • logiclife
    07-12 11:54 AM
    Can it get any worse for LEGALS in this country than what it is Mr Tancredo? Any attempt by you will only get things better as we are at the bottom as it relates to LEGAL Immigrant miseries.

    Tancredo introduces an immigration bill every week. Its like newsletter for him. There is nothing new here. No one listens to him. Not even the Republicans. If he was take seriously, then H.R. 4437 (109th congress) would be called "Tancredo Bill" not "Sensenbrenner Bill".

    Tom Tancredo not only has 0 clout with Republicans, he has lost clout with a caucus he found. HIRC (House immigration reform caucus) was founded by Tom Tancredo. He is not a chairman of that Caucus anymore. I think its some other guy, probably Lamar Smith of Texas.

    Stop the panic attacks everytime someone like Tancredo, Sensenbrenner and Sessions say "Boo !".




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  • ragz4u
    04-09 08:42 PM
    The core team is looking for some volunteers to help us with a few tasks

    What is expected of volunteers

    1) Loads of motivation
    2) 15 mins of time per day
    3) Ability to call someone and send emails on behalf of IV
    4) Strong belief in what we are doing and what we are trying to achieve

    I know some of you have contacted me or some other admin in the past offering to be volunteers but unfortunately we were really busy and may not have been able to get back to you.

    If you believe that you can help IV, please send an email to shrey@immigrationvoice.org, sandeep@immigrationvoice.org and nagaraj@immigrationvoice.org with the subject line

    Willing to volunteer from <State name> state

    Thanks
    IV team



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  • eb3retro
    04-09 01:01 PM
    Yes I have been in US since 1991. Here is my story.

    1991 1996 - Did Bachelors in US.

    1996 -1998 - Masters

    1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.

    Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.

    I wont really believe till I have card in my hand. Difficult to trust USCIS.


    congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.




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  • keepwalking
    05-13 04:56 PM
    My priority date becomes current on June 1st. I need to add my wife (dependent) to my green card process. Please let me know how long it takes for her to get her green card. We stay in Houston, Texas. My I-485 is with Texas processing Center.



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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.




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  • prince_waiting
    08-30 09:49 PM
    You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.

    I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.



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  • spaceguy
    02-18 10:00 AM
    I think you are in H1 status now. When your Passport is stamped with H4 then your status will be changed to H4. If you want to work again then you need to change again to H1 with change of status

    Does it come under new H1b quota ? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?




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  • HawaldarNaik
    09-23 07:06 PM
    I got a Feather Touch LUD i.e. where u did not get any updates to your case for a long long time (> 360 days)



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  • h1techSlave
    07-15 10:39 AM
    The reason for these kinds of unreasonable RFEs is simple - Improving the US economy; one RFE at a time.

    In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?




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  • gg_ny
    09-24 08:54 PM
    I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!

    Any criminal activity that pertains to driving would show up but the screening excludes traffic violations (parking, speeding, lane rule breaking, and other moving violations). In some states repeated rule breaking leads to criminal record, may be you have heard in that context. DUI, hit and run, not stopping for accidents, damage to public or private property and not reporting it etc. are also bad driving practices (if one survive any of them ;-)) and might lead to
    criminal records and get flagged.




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  • immi_enthu
    08-10 06:25 PM
    In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.

    andy

    THanks for the info andy. I will check with my company HR rather than talking to my busy lawyer.




    jonty_11
    07-05 03:34 PM
    "Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations … Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said."
    source/link always.....please




    punjabi
    09-10 02:54 PM
    Hi javans,

    I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.

    Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.

    You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.

    I have myself not done it, but I have met few people in the past who did that.

    And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).

    Hope it helps.

    Good luck!

    Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.

    Thanks,
    javans



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