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  • BPforGC
    10-15 12:28 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------




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  • sheelalann
    05-21 12:55 PM
    we should sue wipro :-)




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  • TomTancredo
    12-10 03:05 PM
    GC Title : Jr. Programmar Analyst

    GC Job Desc:

    Assist Programmer Analyst in researching, designing and developing softare for various business problems using J2EE and
    object-oriented design principles and technologies including UML and Watenall models, and RUP process. Assist in testing
    softare solutions using Java, J2EE, JSP, Struts, Servlets, Swing on Unix and Windows NT. Assist in developing softare for SQL
    Qureies and stored procedures on SQL Server and Oracle. Provide test cases and other documents in CMM 5 standards.



    AC 21 Job Title: Lead Software Engineer


    Job Desc:


    Description
    Formulates/defines system scope and objectives for assigned projects.
    Devises or modifies procedures to solve complex problems considering
    computer equipment capacity and limitations, operating time and form of
    desired results. Prepares detailed specifications from which programs will
    be written. Responsible for program design, coding, testing, debugging and
    documentation. Duties include instructing, directing and checking the work
    of other systems analysis and programming personnel. Responsible for
    quality assurance review. May be responsible for project completion and
    user satisfaction.

    Qualifications
    5+ years of analysis, design and development experience in enterprise scale
    business application using Java,Websphere and SQL in a team and structured
    environment.
    Code in Java using J2EE standard, WebSphere application server
    Code using SQL in RDBMS environmen
    Strong analytical and problem-solving skills

    Required:
    Java, J2EE, Struts, JSP, SQL Server, Websphere or Weblogic

    B.S. or M.S. Degree in Computer Science or related fields

    I am changing the jobs come what may after 180 days and decided not to worry about as future employer is sponsering the H1.

    Here are the details of GC

    PD : SEP 2004 EB3 INDIA
    140 approved
    485 filed on july 2nd and counting the 180 days :)

    just do it guys , we think too much about this BS and lose happiness in the end do whatever make you happy now. If we have to leave we have to leave. If you consider yourself a sucess in america, you would be in your home country too :)




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  • retropain
    09-01 11:08 AM
    What's particularly interesting is the number of 'scare words' used in this selected testimony on aspects of the CIR bill. Its a lot like Loo Dobbs "War" on the middle class. Its clear CIS, Nusa, FAIR provide the script to him on immigration matters. I knew Loo wasn't that creative in the first place

    =---

    TESTIMONY OF MICHAEL W. CUTLER
    SEPTEMBER 1, 2006
    HOUSE JUDICIARY COMMITTEE

    Chairmen Sensenbrenner and Hostettler, Ranking Members Conyers and Jackson Lee, members of Congress, distinguished members of the panel, ladies and gentlemen. It is a distinct honor and privilege to provide testimony at this hearing because the topic of the hearing is of truly critical significance. We are here to avert what I believe would be a catastrophe for the United States. The United States Senate passed a bill, S. 2611, that would provide incentives for a massive influx of illegal aliens, aided, abetted and induced to violate our nation’s immigration laws at a time that our nation is confronting the continuing threat of terrorism and the increasing involvement of violent gangs, comprised predominantly of deportable aliens, in a wide variety of violent crimes committed against our nation’s citizens. It is of critical importance that this hearing and others like it, illuminate why S. 2611 would expose our nation to unreasonable vulnerabilities especially in the post-9/11 world.

    A nation’s primary responsibility is to provide for the safety and security of its citizens and yet, for reasons I cannot begin to fathom, the members of the Senate who voted for S. 2611 are seemingly oblivious to the lessons that the disastrous amnesty of the Immigration Reform and Control Act of 1986 (IRCA) should have taught us. That piece of legislation lead to the greatest influx of illegal aliens in the history of our nation. Fraud and a lack of integrity of the immigration system not only flooded our nation with illegal aliens who ran our borders, hoping that what had been billed as a “one time” amnesty would be repeated, but it also enabled a number of terrorists and many criminals to enter the United States and then embed themselves in the United States.

    A notable example of such a terrorist can be found in a review of the facts concerning Mahmud Abouhalima, a citizen of Egypt who entered the United States on a tourist visa, overstayed his authorized period of admission and then applied for amnesty under the agricultural worker provisions of IRCA. He succeeded in obtaining resident alien status through this process. During a 5 year period he drove a cab and had his license suspended numerous times for violations of law and ultimately demonstrated his appreciation for our nation’s generosity by participating in the first attack on the World Trade Center in 1993 that left 6 people dead, hundreds of people injured and an estimated one half billion dollars in damage inflicted, on that iconic, ill-fated complex. America had opened its doors to him so that he might participate in the “American Dream.” He turned that dream into our worst nightmare. The other terrorists who attacked our nation on subsequent attacks, including the attacks of September 11, 2001, similarly exploited our generosity, seeing in our nation’s kindness, weakness, gaming the immigration system to enter our country and then, hide in plain sight, among us.

    As I recall, when IRCA was proposed, one of the selling points was that along with amnesty for what was believed to have been a population of some 1.5 million illegal aliens would be a new approach to turn off what has been described as the “magnet” that draws the majority of illegal aliens into the United States in the first place, the prospect of securing employment in the United States. In order to accomplish this important goal, IRCA imposed penalties against those unscrupulous employers who knowingly hired illegal aliens. My former colleagues and I were pleased to see that under the employer sanctions of IRCA, the unscrupulous employers of illegal aliens would be made accountable, or so we thought. We were frustrated that we had seen all too many employers hire illegal aliens and treat them horrendously They paid them sub-standard wages and created unsafe, indeed hazardous working conditions for the illegal aliens they hired, knowing full well that these aliens would not complain because they feared being reported to the INS. Meanwhile the employer would not face any penalty for his outrageous conduct. Finally, it seemed that the employer sanctions provisions of IRCA would discourage employers from hiring illegal aliens and would also make it less likely they would treat their employees as miserably as some of these employers did.

    Of course, we now know that the relative handful of special agents who were assigned to conduct investigations of employers who hired illegal aliens made it unlikely that employers would face a significant risk of being caught violating these laws and that they would face an even smaller chance of being seriously fined. Furthermore, the way that the amnesty provisions of the law were enacted simply created a cottage industry of fraud document vendors who provided illegal aliens with counterfeit or altered identity documents and supporting documents to enable the illegal alien population to circumvent the immigration laws. Ultimately approximately 3.5 million illegal aliens emerged from the infamous shadows to participate in the amnesty program of 1986. I have never seen an explanation for the reason that more than twice as many aliens took advantage of the 1986 amnesty than was initially believed would but I believe that two factors came into play. It may well be that the number of illegal aliens in the country was underestimated. I also believe, however, that a large number of illegal aliens were able to gain entry into the United States long after the cutoff point and succeeded in making false claims that they had been present in the country for the requisite period of time.

    To put this in perspective, I have read various estimates about the number of illegal aliens who are currently present in the United States. These estimates range from a low of 12 million to a high of 20 million. If, for argument sake, we figure on a number of 15 million illegal aliens, or ten times the number that had been estimated prior to the amnesty of 1986, and if the same sort of under counting occurs and if a comparable percentage of aliens succeed in racing into the United States and making a false claims that they had been here for the necessary period of time to be eligible to participate in the amnesty program that the Reid-Kennedy provisions would reward illegal aliens with, then we might expect some 35 million illegal aliens will ultimately participate in this insane program. Once they become citizens they would then be eligible to file applications to bring their family members to the United States, flooding our nation with tens of millions of additional new lawful immigrations while our nation’s porous borders, visa waiver program and extreme lack of resources to enforce the immigration laws from within the interior of the United States would allow many millions of illegal aliens to continue to enter the United States in violation of law.

    The utterly inept and incompetent USCIS, which is now unable to carry out it’s most basic missions with even a modicum of integrity would undoubtedly disintegrate. The system would simply implode, crushed by the burden of its vicious cycle of attempting to deal with an ever increasing spiral of rampant fraud thereby encouraging still more fraudulent applications to be filed. Terrorists would not find gaming this system the least bit challenging and our government will have become their unwitting ally, providing them with official identity documents in false names and then, ultimately, providing them with the keys to the kingdom by conferring resident aliens status and then, United States citizenship upon those who would destroy our nation and slaughter our citizens.
    I hope that this doomsday scenario will not be permitted to play out.

    Insanity has been described as doing the same things the same way and expecting a different result. Where our nation’s security is concerned it would be indeed, insane to ignore the lessons of IRCA.

    When I was a boy my dad used to tell me that there were no mistakes in life, only lessons, provided we learn from what goes wrong and make the appropriate changes in the way we do things. However, to repeat the same mistakes was to him and to me, simply unforgivable.

    Chairmen Sensenbrenner and Hostettler, I commend your leadership in calling this hearing to make certain that these concerns are made public and are taken into account, especially as we approach the anniversary of the fifth anniversary of the attacks of September 11 and our nation continues to grapple with the immigration crisis.

    America is at historic crossroads at this moment in time. Courageous decisions need to be made by our nation’s leaders. If our nation fails to select the proper path, there will be no going back. If our nation decides to provide amnesty to millions of undocumented and illegal aliens, I fear that our national security will suffer irreparable harm as we aid and abet alien terrorists who seek to enter our country and embed themselves within it in preparation for the deadly attacks they would carry out. The priority must be clear, national security must be given the highest consideration and priority where the security of our nation’s borders and the integrity of the immigration system are concerned.



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  • rally
    07-13 03:04 PM
    Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?




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  • jonty_11
    08-13 06:40 PM
    just read teh 3rd post above urs...phew!!! that was tiring wasnt it...



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  • tikka
    06-22 09:39 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks


    Your chest xray was negative so you are fine.
    To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.

    You need him to sign off on the results.




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  • sundarpn
    08-03 06:45 PM
    Is the below in bold which mambarg has mentioned true?

    I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.

    its news to me that 485+180 day rule applied to mere porting of priority date too?



    Question 11. When is an I-140 no longer valid for porting purposes?

    Answer: An I-140 is no longer valid for porting purposes when:

    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or

    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.



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  • BharatPremi
    03-19 07:59 AM
    I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

    I need help on this as I do not want to terminate my job from my side.

    Any advice will be appreciated.

    Thanks,

    You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.




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  • gparr
    March 15th, 2004, 11:10 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary



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  • snathan
    08-18 06:39 PM
    Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.

    At least don't wish them bad luck....

    This is stupid. I am not wishing good luck or bad luck to anyone. We are trying to explain the rule and its consequences. Its up to them to take it or not. Moreover I am not a fan of people who applied H1 through some desi consulting (most of them with fake experience), sitting on bench without any project and put everyone in the bad light, giving ammo to the antis. Do you know how many house wives put eight-ten years fake experience when they dont even know the difference between USB port or ether net port. Its not a mistake...its called greed. Well I am not here to fight with you...but thats the fact.




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  • funny
    09-16 04:09 PM
    http://www.numbersusa.com/content/nusablog/beckr/september-15-2008/massive-foreign-worker-increase-back-ali.html



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  • Nil
    11-10 02:54 PM
    ^^^^




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  • buehler
    07-13 09:15 PM
    Wow! Now I have three green squares. So I am getting my GC on Monday:) Now if only more people were to vote for me and I get to 5 stars, I have been told that I will be made the USCIS director. Then I will reverse the July memo from USCIS and make sure that they will accept all the 485s till end of July.:D How is that for a deal? So keep voting on then.

    P.P.S - Now again, what am I doing posting here on a Friday evening. My wife and son are getting really mad :eek:

    P.P.P.S - I just checked the stats page and there are over 1,800 members online. Kind of satisfied to think that there are at least so many more people getting beaten up by their spouses now. At this rate IV will be one of the major causes for a sudden spike in the divorce rates in the high skilled immigrant community.:eek:



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  • sertasheep
    06-17 10:32 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2007/06/16/AR2007061601360.html?hpid=topnews

    Needless to say, one can register and post their comments there. Feel free to share your stories related to the above article.




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  • samswas
    09-28 03:43 PM
    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?



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  • pappu
    08-22 04:19 PM
    Paskal:

    Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.

    saravanaraj.sathya

    You have not updated your profile with your full information. Please do so asap.


    OK we have tons of members from Buffalo. Now it is upto you to contact them. We have several more from Rochester and Syracuse....
    Can you take charge of contacting them and making phonecalls? get in touch with NY chapter and volunteer to make phonecalls to all these members:

    Mkolken
    Bhatya
    DEVILLION696
    Drajaybhora
    Freidyeid
    gcny2006
    nkumar
    brahmam
    mach
    GCgal
    Mdforgc

    But first update your profile. ONly then NY chpater will be able to help you.




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  • sparklinks
    09-23 09:09 AM
    Did anyone get reply/response from this after emailing ?




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  • maverick_joe
    02-12 02:24 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?

    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag




    dalishi
    10-13 02:54 PM
    Thanks guys!!




    avi101
    05-19 04:30 PM
    A few more questions:

    1. While the I-140 is pending, can I get a different lawyer to file the I-485?

    2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?

    3. Can my employer withdraw the I-140 AFTER it's been approved?

    Please advise me.


    1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.

    2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.

    3. Yes.



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