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  • msusa123
    09-15 09:53 AM
    Good news... I got CPO at 9:05AM.

    I raised SR for my case on 9/2 and no response until today morning and raised SR for my wife yesterday night. No changes to my wife application.

    I asked my attorney sending an e-mail for TSC streamline process and I do not know whether he acted on it or not.

    Good luck every one who are waiting for approval





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  • SunnySurya
    08-29 01:47 PM
    Note:
    This Lawsuit Idea is on hold for the following reasons:
    a) Not enough interest in the affected parties
    b) Cost of the litigation would be upwards of around 30K
    c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
    But we are following up on other avenues.





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  • gconmymind
    10-02 03:06 PM
    Another approval to report. My wife's GC got approved yesterday, got CPO email.

    Goodluck to all!





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  • MCQ
    11-12 12:18 PM
    For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
    gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
    I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
    I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
    How wrong we were.
    I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.

    The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.

    That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
    They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
    As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.

    Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
    We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.

    The things for anyone to take away from my experience are.
    1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001

    2. Document everything - to prove that you acted in Good Faith throughout the process.
    Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)

    3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.

    4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.

    Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.

    GOOD LUCK



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  • snathan
    04-27 12:04 AM
    We heard so many stories about violation many Indian bodyshoppers like bench without pay,Low pay ,fake resumes and many more. But when any bill comes to control them we are opposing. Because we fear that we may be one of the persons working in those companies and may be impacted by that.

    Certainly the bill is not a pro immigrant and anti immigrant bill. But some kind of restriction is needed to clean out H1b. I accept as a pro immigrant we have to oppose any anti immigrant bill. So I am sure IV will try to block the bill as they did the restriction in TARP.

    I am not going to get any benefit if they shut the door behind me. I need just one job that I can get any time and whatever compettion and there is no need to shut thousands of people. So my views are not based on any personal ambition.

    I am seeing some positives in the bill. Wages will increase for the H1bs also. Only genuine companies can do the business. Best and bright people will not be impacted by this. Also it can open opportunity to increase H1b Cap and Green card Cap. So there is a good possiblity to reduce or eliminate retrogession.

    Basically there are two options for IV and other pro immigrants if the bill is considered serously. One is just oppose the bill and try to block completely. Or other option is to negotiate to include our agenda to recapture/increase GC and also to modify the portions of bill. Instead of failing with option 1 getting success in option 2 is better.

    I think this bill will not be passed if it is against WTO trade regulations.

    So you never know all these violation when you were in H1. What were you doing then. Why didnt you oppose then. If you know the violation did you call the USCIS and DOL and complain...No. Because you would end up in trouble. Now you got your GC and no matter if other guys are end up in trouble, in fact it would be helpful for you... Are you ready to review your status thorught all your H1, all your PREM processing to prove there is no violation...? Eveyone know how things are working. So if you got your GC just keep quite and move on. When you can not be helpful to others...why you are just creating pain.

    If you are worrying about the wages..let them free the employees from employer. Thats the best way to clean up the system. If you are really pro-immigrant your thoughts should align in that direction. But most of us see you as Ron Diamond in the making. Its very unfortunate. One study shows that only immigrants opposing immigration more than natvie people.





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  • sanju_dba
    10-02 04:13 PM
    Got a letter for My wife's case, from USCIS asking for "to complete vaccination" , need to provide them in 30days else denial .
    Whats going on?



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  • Hunter
    05-11 12:23 AM
    that is your problem dude. you can shovel dirt but can not argue with reason. Logic gets lost in passion and words whose meaning you do not know get thrown around and tie you in knots. btw logic is another major component of software engineering and on current evidence its not your strong point.
    Go f*** yourself with nonsense about logic. Wasn't it your compatriot from India who started writing nonsense about americans here.

    This is precisely the problem with Indian mentality that average americans interacted with americans complain about. Unfortunately IDIOTIC indians such as yourself think for some reason you have a monopoly on logic, when you are the one who involve in emotional arguing as can be evidenced in this thread. Read the last 1 page





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  • trramesh
    01-06 07:06 AM
    I think the thread is perfectly valid and we should go for it. If someone has paid income taxes to US for 10 years, it is no mean thing. 10 years represent typcially about 25% of his/her earning life. After spending substantial percentage of one's life living in, and making contributions to, US, especially in his/her youth, the guy is more naturalised except that he does not have a citizenship card. Now how many of these guys will be able to slip back in to their own country to readjust their lives with american born and american grown kids.

    I think it is not only reasonable but also humane for the government to consider the plight of such people and issue citizenship. The yardstick for qualification will have to be worked out, but Saralayar listed some of the valid parameters like
    - 10 years working in US (legally)
    - 40 points in social security
    - no criminal record

    If I may share my thoughts on yardstick, it would be like this
    - 7 years of legal residence, contributions to SSN, and taxes should provide provisional GC
    - 10 years of legal residence, contributions to SSN, and taxes should provide citizenship
    - 7 years of legal residence post approved I-140 should provide citizenship

    Most of us in this forum must have already contributed over 75K-100K to IRS over the years. I strongly believe that the govt owes more than an obligation to take care of the interests of this skilled group.

    rgds,
    rammy



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  • Macaca
    07-13 09:41 PM
    In War on the Middle Class (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923) Lou Dobbs says H1B workers don't pay taxes.


    However, H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare9 (Publication 519 (2006) (http://www.irs.gov/publications/p519/index.html), U.S. Tax Guide for Aliens). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency.

    In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others).


    Indian techie slams CNN Lou Dobbs! (http://www.indiadaily.com/editorial/10-28a-04.asp) By N. Sivakumar, October 28, 2004


    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.





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  • aau
    08-07 04:11 PM
    I have the same question as I think, it is not possible. How can you re-apply for the same job you are in currently, in EB2?

    Yes you can -when you were eligible for the EB2 filing at the time of filing for EB3!

    Why would someone do that u ask? Please call my employer and ask him this question. The answer is - so that you are stuck with him for few more years.



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  • dilber
    09-23 04:21 PM
    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    FYI :Goto Page 5 for India

    Some Greens Please !! :)

    If this information is correct then we are in much better shape then was being projected. what is scaring me is the number of applications that are pre 2004 the number seems to be pretty big? are these abandoned applications. Also does any one know this report is current as of when?





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  • paskal
    06-25 06:30 PM
    read that form carefully
    as an EB-2 you DO NOT need it
    then read the I-485, says excatly the same thing

    you cxan add all the evidence you wat, that's fine
    but it is not set forth as a requireemnst, in fact it's clearly excluded for EB petitioners.



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  • guest_mister_08
    08-12 12:06 PM
    Got CPO mail today morning 9.45AM (PST)

    HURRAYYYYYYYYYYYY!!!!!!!!!!!!!

    Opened SR on 08/11/2010

    PD: 28th Nov 05
    RD : 07/16/2007
    ND: 08/25/2007





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  • punjabi
    03-29 09:51 AM
    I didn't see any news like this on the website you mentioned. Can you please share the link?



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  • pappu
    06-21 12:17 PM
    There are several threads on the subject of multiple 485 filing. These days everyone is starting a new thread, with their question without looking at existing threads and sometimes people do not even put a title that is easy to know.

    if a member who is in need of an answer to this question, can volunteer to search the forum and find the relavant posts on this topic and put their link/ copy paste on this thread, it will help everyone.

    There are several members with multiple I140 approved and both husband and wife wish to apply for their I485 to be safe.





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  • dilbert_cal
    05-04 01:21 AM
    Pretty Interesting finding. I think I've read something along on those lines earlier in Immigration Portal - probably you can do a search there and see.



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  • jsb
    10-08 04:21 PM
    Still waiting, a July 2 filer, for CC or receipts. What do these weekly updates by USCIS suggesting that they are through for receipts for dates in August mean when July 2 filers are still waiting. Anybody got any clue??





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  • Nil
    03-10 05:27 PM
    Let us start the groundwork by brainstorming.

    Few sample topics:
    Calling individual congress-persons / senators / local journalists.
    Writing to the above as well as to the white house (a petition en masse maybe?)
    Collecting funds targeted for this purpose ('Will need an estimate)

    IV core - pls - we need your inputs..





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  • STAmisha
    06-29 03:47 PM
    lOOKS LIKE IT. He tells something sensational and back tracks it





    rodnyb
    03-31 08:21 PM
    Yes, I mean EB5. Another not, DOS/CIS waited till now as it takes some months to get a trend, as it seems CIS is cracking down on EB1C since later last year, and it took some time to see EB1 usage fall off and is plateauing now.

    I wish 12K is for 6 months only, and that 24K total this year will surely clear all pre-07/2007 EB2 I/C. However, it seems as unlikely, I looked at historic EB1 approvals on DOS statistics page, EB1 has about 40K quota, their usage
    2002 16K
    2003 14K
    2004 18K
    2005 21K
    2006 24K
    2007 30K
    2008 39K
    2009 42K
    2010 41K

    So even if we think all surge after 2006 is due to abuse use of EB1C of india bodyshops, EB1 will still use about 24K, which left about 16K for EB2. I am sure those bodyshop ppl will apply under EB2 now, and I hate to say, but EB2 after 07/2007 seems still a daunting task, only visa recapture will help.


    Do you mean 8K from EB5?





    vikki76
    10-05 02:56 PM
    Hi vikki76, bpositive, dipika, caliguy, leoindiano:
    If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
    Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)



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