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  • gcwait2007
    03-25 10:16 AM
    I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.

    In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.

    Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.





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  • maximus777
    07-13 04:19 PM
    Definite. My journey was worth it, even considering all the diffiulties. In India, I had a flourshing practice and when I was planning to go to US, my friends will call be a "fool".
    However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
    In nutshell, YES, I did the right thing.

    Excellent!! Congrats and glad that it all worked out for you.





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  • maximus777
    11-25 03:12 PM
    Thanks much!





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  • Kitiara
    02-07 09:10 AM
    I got another one, I'm catching you up slowly. :evil:

    Very slowly. Er, how long has the voting got left?

    Besides, we've got aaround 40 or so votes, and they're spread over five people, so it would take longer than if it was just between two people. Well, obviously it <i>is</i> between two of you... :) If you took the votes for the mere mortals and added them to you two, then one of you would have crossed the line by now. :beam:



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  • senthil1
    06-20 02:23 PM
    This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.


    I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.

    U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.

    Don't fall into ur employer - lawyer trap





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  • vxg
    06-26 02:50 PM
    Anything that get's you a RFE is bad..

    I got it from CVS and they look good.


    USCIS photo guidelines state No touchups should be done. I suggest use a portrait studio of Kinko's



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  • willwin
    02-20 01:33 PM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

    Ramba, I agree with you for the most part.

    Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.

    Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.

    So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!

    Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).

    Your post was highly diplomatic than most of your queue-mates. Appreciate that.





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  • Jimi_Hendrix
    12-13 12:51 PM
    Hey brother,

    I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.



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  • sheela
    11-29 07:49 PM
    Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos





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  • lostinbeta
    02-05 04:46 PM
    EG switched hosts and servers since then :-\



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  • xerces
    03-16 10:44 PM
    http://www.nytimes.com/2006/03/17/politics/17immig.html?_r=1&oref=login

    As Senators Debate Immigration Bill, Frist Offers His Own

    WASHINGTON, March 16 � Senator Bill Frist, the Republican leader, introduced a stringent border security bill on Thursday, rejecting pleas from senators in his own party who appealed for more time to finish legislation that would create a guest worker program for foreigners and a legal remedy for millions of illegal immigrants already in the United States.

    Mr. Frist said his bill would include several measures already hammered out in negotiations under way in the Senate Judiciary Committee, which had included an increase in the number of border guards, more fencing along the Mexican border and faster deportation of illegal immigrants. But Mr. Frist's bill would not create the temporary worker program that President Bush has urged to legalize the status of the 11 million illegal immigrants thought to be in this country.

    "Our country needs security at our borders in order to slow the flow of illegal immigration and make America safer from foreign criminals and terrorists," said Mr. Frist, of Tennessee.

    Mr. Frist said he had decided to pre-empt the Judiciary Committee's work to ensure that the Senate meet his goal of holding a vote on immigration the week of March 27. He said the committee's legislation could replace his bill as the starting point for a floor debate if the senators completed their work in time.

    The decision put him at odds with Senator Arlen Specter, the Pennsylvania Republican who is chairman of the Judiciary Committee, and highlighted divisions within the Republican Party over immigration.

    "I think it is a colossal mistake to take this to the floor," Mr. Specter said early on Thursday. He sounded more conciliatory after meeting with Mr. Frist. Addressing reporters with Mr. Frist at his side, Mr. Specter said he would have preferred a different outcome but was optimistic that his committee could complete its legislation in time for it to be considered on the Senate floor..





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  • DSJ
    07-17 10:12 AM
    Man I-485 Texas procesing dates went back to August 07 2006



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  • gc_check
    06-26 02:52 PM
    Immigration Photos Standards are similar to that for the US Passport. Refer to below link for FAQ's on Photos.
    http://travel.state.gov/passport/guide/faq/faq_881.html
    http://travel.state.gov/passport/guide/guide_2081.html
    http://travel.state.gov/passport/guide/composition/composition_874.html





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  • EndlessWait
    07-27 01:25 PM
    In that case, we can have third application ready!

    but invalidate the other 2..can they do that?



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  • diptam
    07-02 04:02 PM
    Medical - $350
    0.5 day off for Medical + 0.5 Follow up Medical - $400
    Photo - $10
    USPS Express Mailing - $20
    Birth Cert from NY Consulate - $20
    Visit to NY Consulate from Boston - $110
    1 day off for Birth Certificate - $400
    Origina Birth Cert Affidavit (From India) - $10
    Misc - $80
    ------------
    $1400

    Plus the emotional distress and Pain i'm bearing continuously....





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  • jethro11
    04-20 09:10 AM
    Hi,
    I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
    What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.

    ----------------------------------------------------------------------------------------------------
    Transit Visa Regulation for Indian Residents

    In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.


    Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
    Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru

    In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.

    Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.

    Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai

    In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.

    Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries

    Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
    Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.



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  • Nil
    04-13 11:23 PM
    El_Gualpo,

    Welcome to IV and Thanks for sharing your ideas.
    A concept will be put to test by how it is received by all others in the same boat. Whether it is accepted or not, pls remain with IV.
    Do not be discouraged by a critique - most have merit.

    Become a donor - any effort in this country needs money.
    From current sentiments floating amongst general public, donation for attention may look like a buyout attempt.

    Reasoning with the right people in proper limelight is the strongest way.
    The system is unfair to folks who have done things by the book.
    To change it, in this economy is not easy. IV has put in tremendous efforts in the past.
    Let us just not give up. Big names in Industry and rational voices in TV are slowly opening up to what we are facing.
    But this is not our country. Let us be prepared to convincingly answer: Hey, don't like it? Go back to where you came from.





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  • mammoy2k
    12-28 10:38 AM
    Anyone invoking AC21 with unapproved I-140?

    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.





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  • Dhundhun
    12-29 02:37 PM
    Please modify title.

    Also, it will be quite useful to set a counter, how many people started using AC21.





    BharatPremi
    03-24 03:24 PM
    http://immigrationvoice.org/forum/showthread.php?t=5482





    yabadaba
    06-05 02:52 PM
    Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html

    Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.

    Based on this, it is very unlikely that there will be much forward movement in July.
    if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.

    last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.

    there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.

    what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.



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