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I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...

EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days

I can now finally file my I-485 with my PD of Oct 2002. Can somebody please tell me the GC processing time frame? Thanks.

Hello everyone!

Forward the times of india link to your friends! Spread the word!

NSC - CSC - NSC transfer case
RD: 23rd July 07
ND: 17th Sep 07

No FP notice yet :cool:

I have received the information package from Varsha and sanjay and need to know if there is someone from Oklahoma who wants to join me and a couple more to meet the lawmakers. Please send pm.
Thnx..


EVERYONE:

IF you can find someone to go with you, that's great. But if you cannot find anyone, then go alone. Go with confidence. The documents that Varsha and Sanjay are sending has EVERYTHING you need to make an effective impression and make a strong case for reform.

Do not let the lack of companions hold you back.

Thanks to all who are eagerly working on getting appointments right now. We have one more week. So start getting appointments right away.

Do it and do it now.

Action item: let's beg USCIS to work slower and waste as much quota as possible.


Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????

I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]

Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.

Well, if they do broke the law, can we do something about it? Like class action law suite???

Let's see if they did, first.

I can give you my example. 10 years in the US and got greened yesterday. Background -

B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.

Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.

Overall - I am a happy person. Would continue with Desi employer for some more time.

Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.

Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
Kumar1
Tremendous story of grit and determination I must say....In fact every one of the EB immigrants story can become a storyline for a great movie :-)

I think you are right. EB3 india might be stuck for very long time. Remember all the 2001 DOL backlog cases from NY, NJ and CA? And how long BEC took to clear them? They are all waiting to get into the EB queue.

In the previous month, EB3-INDIA date was April22nd,2001. Now it moved to May8th2001. Now, the people with PD's from April22rd2001 to May7th2001 are eligible to apply or ready for adjudication of 485. That means, probably, there are lot of 485(245i) cases to be adjudicated? What do you all think?

Thanks.

Finally approved for all family members except my wife (Dependent).

We submitted normal Birth certificate from Municipal Corporation. But got RFE on Birth Document. Any body aware of secondary evidence for birth document. They are asking for oldest health, school, Census or religious record that shows both parent names and DOB.

Anybody experienced this type of RFE before?

I am not sure why so many people so naively jump to the defence of India without looking at the context in which things are said.
Most Indians love India and that includes most NRIs. If there was any doubt just look at the support the NRI PAC gave in pushing the nuclear deal.
The main point here is that this thread was started on the premise that the negotiation of this deal to transfer social security payments was somehow good news for our money. I think one can disagree with this and still love India.
Frankly, if my choice was between foregoing the money here and that money going for something good such as infrastructure development in India, I and I am sure most Indians here will happily sign off on those funds.
Point however is I do not see it as good news for our social security money.

Pls let us know if you have participated in the campaign:

http://immigrationvoice.org/forum/showthread.php?t=16506

I have travel tickets booked for 18th this month. No sign of AP yet.
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?

Appreciate your input on this!

Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.

Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.

Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.
Hey - I am just pointing out how it can be played in the media to make the eb community look really bad. Do we seriously think the media and common man will believe that we are suddenly doing this out of the goodness of our hearts and a genuine concern for educational system in us - most people will see it as a well timed publicity stunt to influence decision making in our favor.

MY GC NOW AND NOW NOW NOW.. uuuuAAAAnnnn uuuuuuuuaaannnnnnnnnnnn

I want my GC now... booohhhoooooooooooooooooooo

Okie thats it, my prediction thingy done.. back to work with desi tharra.

Um, priority date August 06 and you're an EB3? ...you might want to leave these forums for about mm...3-4 years and come back when it's ALMOST your turn. Then you'll be almosting for a few more years :D like me. Then you can start doing your little song and dance. Look at my date.... :(

DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!

u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system

Questions for everyone to research and post the answers------


-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.

andy garcia,

its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

and by the way...here is the Q1, Section 1 page the memo is talking about....

Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]


You can read it 10 ways, but the CIS has only one interpretation(see bold below).

An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

Me filed on July 18th, no FP yet, got 485 RN on September 11th and got EAD and AP but no FP notice

Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

i have just once concern (well more of clarification than a concern):

- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

i may have few terminologies wrong so apologize for that.

will appreciate a response.

Thanks

if the entire quota for EB2 is not allotted in a year, then the numbers are being sent down depite retrogression in india and china. that is how you know. every visa allotted to EB2 should be used within....if there is extra it's used by india/china.



The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????