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  • ski_dude12
    09-13 12:27 AM
    Hopefully it is not a complicated RFE...

    On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..

    "Your Case Status: Request for Evidence

    On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
    "

    Looks like I have to wait more :D





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  • gvenkat
    09-24 11:06 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:





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  • gc_chahiye
    06-25 01:02 AM
    cannot locate my wife's OPT card from 2003
    all other documents for status are available
    how important is that card?
    any way to get a duplicate/copy??

    you might be able to get a duplicate by contacting the college/university.

    my case is somewhat similar, but I dont have that option: I was on L2-EAD and I cannot find that damn EAD card (needed for filing EAD based on I485). However I do have the older I-797 so can atleast prove status...





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  • suriajay12
    03-12 07:33 PM
    Sri,, well written.. I am sending this to change.gov now. Its better you create a new thread else many will miss this letter on page 10. Any updates must mention that the letter is in page 10.



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  • saimrathi
    07-11 02:13 PM
    Is Arnold Schwarzenegger pro-immigrants? Maybe he can be approached and have him be our spokesperson... Just him, not the party he represents or the post he holds...





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  • sakthikams
    04-25 02:32 PM
    from http://www.dhs.gov/journal/leadership

    below is the extract from above link...

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

    Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

    A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

    I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
    USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    USCIS is issuing employment authorization documents valid for two years, as needed.
    USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.


    Mike Aytes
    Acting Deputy Director, USCIS

    below is the extract from immigration-law.com

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.

    This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.

    gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi

    extract from http://www.dhs.gov/journal/leadership

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including




    Mike Aytes
    Acting Deputy Director, USCIS



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  • caliguy
    10-22 05:19 PM
    @ fatjoe

    I will call them tomorrow to find the status. Thanks for providing the phone #.

    Btw, can you send me a pvt msg with your email address? Thanks!

    Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
    Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
    [/QUOTE]





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  • pappu
    06-22 08:42 AM
    I have direct responses from Murthy and Rajiv Khanna now . Plus 2 other american lawyers I know. The answers have variations. I'm going to do my own research and would encourage others to do the same before coming to a conclusion on this.

    If you have asked this question to your own lawyers about multiple I485 filing, please post them here.

    Members can then look at all the information and make their own decisions.



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  • aj_jadeja
    02-17 12:54 PM
    =MerciesOfInjustices]sobers has posted an article published in the WSJ, on his thread Wall Street Journal on Skilled Immigation .
    Part of the article says
    [I]Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the TE]

    reply from john miller

    Dear Sir,

    Many thanks for your interesting email, which I forwarded to a colleague based in the United States.

    I understand it must be hard for somebody in your situation. But anecdotal evidence and statistics suggest that however hard life is for immigrants in the United States, it's even harder for immigrants in Europe.

    Thanks again,

    John Miller.





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  • gc_lover
    06-29 08:28 PM
    Suppose they reject the 485 app on July 2nd after they receive it then will they cash our checks or just return them to us.

    No...I don't think they will encash your check!



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  • snathan
    11-27 11:22 PM
    .
    Originally Posted by ashkam
    Lost in all this is the fact that Punjabi wants to sell his house not because he cannot afford it anymore, but because he wants to move to a different city to a higher paying job and can't be bothered to take responsibility for his failed real estate venture. He could have done the ethical thing and stayed in his present job and paid off his loan but he is choosing not to. And who does he blame for his situation? The concept of the "American dream". So the fact that he wants to shirk his responsibilities in favor of foisting his own debt onto the rest of the country isn't his own fault, it's the "American Dream" that's making him do this. It's not exigent financial circumstances that are causing him to foreclose, it is greed and shortsightedness (colloquially known as "The American Dream"). Greed and shortsightedness already caused him to go 20K under the water. And they will now make him screw up his own credit history. If someone cannot learn from one mistake, I say let him keep making mistakes. He will soon find out how difficult life in the US can be if you don't have a good credit history. As for the burden on us taxpayers, hey, we've been spending 10 billion a week for the past 5 years dropping bombs on people, what's a mere 20K?

    If you are fooled once, blame it on others.
    If you are fooled twice, blame it on yourself.

    He didn’t think twice before buying the house. He bought because everyone was buying. Now he wants to foreclose because everyone is doing. Punjabi is not ready to learn from mistake.

    Aleast let us learn from him. Punjabi, please go ahead and do what you want(Foreclose). Also please update this forum with whatever you are going through. It might be helpful for others atleast.





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  • Gilmout
    08-22 09:48 AM
    Anyone have any ideas on what EB3 Rest of World will be in the October Visa Bulletin. My Priority date is OCT 2005 EB3 Rest of World. Do you think I have a long wait?



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  • eager_immi
    07-14 05:03 AM
    LOU DOBBS TONIGHT

    http://transcripts.cnn.com/TRANSCRIP...28/ldt.01.html

    I have posted sections from his trascript .......

    "Counterattack: President Bush's Veto Threat; Showdown Over Iraq; Danger Zone? Aired March 28, 2007 - 18:00 ET"

    DOBBS: Your view is -- well, let me just ask you this. If we could put up a slide here, because this is something most people don't talk about, gentlemen, I would just like to hear your view.

    We bring in 2 million people a year into this country legally, and I would like if we could have that information up on the screen so our audience at home could see it.

    BILBRAY: More than the rest of the world combined.

    DOBBS: It's pretty remarkable. Two million people legally admitted to the United States each year. Four hundred thousand H1 visas each year. Nine hundred thousand other employment visas each year. Six hundred thousand student visas issued each year. Four hundred fifty-five thousand temporary employment transfers granted.
    In addition, over 700,000 legal citizens. In addition, a million permanent residents. My gosh, what in the world are you folks talking about?

    FLAKE: I say thank goodness we do.

    DOBBS: You and me both -- let me say when you say thank goodness we, do, partner, I am just as excited about legal immigration. I'm more excited, I think, probably because it puts the lie to the nonsense of the president of the United States is saying that we cannot operate in this country without a guest worker program. We have tons of guest worker programs. What in the world are we doing?

    FLAKE: Well, when you have nearly five percent of the current work force here is illegal and our economy is doing well with that five percent working, what are we going to do? Are you going to deport five percent of the work force? If you are -- but if you can see we need them, then we need more legal immigration. BILBRAY: Lou, stop paying them to be here. You don't need to deport them. We didn't ship them in. It took 30 years of encouraging people to pay people to be here illegally. Stop paying them. Quit giving them benefits for being here illegally.

    DOBBS: Do you think your legislation is going to succeed?

    FLAKE: I do. I do. I think it's finally time. We - in Arizona, let me tell you, we need it desperately in Arizona.

    DOBBS: Well, it's always good to have a forecast. We'll see how the rain falls.

    All right. Thank you very much, Congressman Flake for being here. Good to talk to you.

    Congressman Bilbray, good to talk with you.

    BILBRAY: You keep up the good work.

    DOBBS: You too. Thank you.

    And up next at the top of the hour, THE SITUATION ROOM and Wolf Blitzer. Wolf.


    (COMMERCIAL BREAK)

    DOBBS: The results of our poll, 94 percent of you say Congress should retain its constitutional power and prerogative in trade policy.

    Thanks for being with us tonight. THE SITUATION ROOM starts right now with Wolf Blitzer. Join us at 8:00. Wolf, to you.

    TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.voxant.com





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  • tempy
    09-09 08:46 AM
    Just enjoy your green...

    I think I should ... It was a looooooong 11 year journey.



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  • GC_Info
    04-06 12:14 AM
    Hi,
    My spouse is traveling to India soon as her father is ill. She is on H4 visa, valid until next year, with pending I-485. She doesn't have AP at hand. Given that there is a slim chance that our pds would be current, would she get into trouble if she is in India when her GC gets approved?:confused:





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  • Michael chertoff
    03-29 11:51 AM
    There are two waves of movement going to happen for EB2 this year. One starting in May and the other starting in July.

    The 12000 unused visa numbers from EB1 is not the total for the year 2011. It is almost certain that, this is the spillover from the first 2 quarters of 2011. Along with this, there are some numbers from EB2 ROW as well. The spillover will only get applied to all those countries which are retrogressed.

    12000 visa numbers would move mathematically the dates to somewhere in Sept 2006 for India and China Eb2. The porting from EB3 to EB2 is still a factor, but that won't exceed more then 1500 (which are ready to be assigned visa).

    In order to utilize these 12000 visa numbers, USCIS may possibly consider 15000 applicants so that they will get 12000 approvable, background check free and non-delayed cases.

    So, i think for EB2 the dates could move to either Oct/Nov/Dec of 2006.

    In July, the next wave of spill over could move the dates further into 2007.

    Man you made my day... atleast i can be happy for coming three weeks, then i will go back to normal after Visa Bulletin Copy/paste.



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  • lazycis
    10-04 12:46 PM
    What is the root cause for namecheck issues ? the Ombudsmans report mentions
    a) the value/benefit of the name check process is undecided.
    b) lack of resources and funding to process all the name checks.
    (premium processing will provide those funds)

    immigration relief like recapture, more visas etc require congressional approval and i dont think we will see any till mid 2009 after the election is settled.

    The root case of the issue is lack of the responsibility and management in FBI/USCIS.
    How could a name check wait for several years? Nobody is working on it, that's how. You can not explain it any other way. There is no streamlined process to process NC requests. All USCIS requests have a priority level 3 - requests WITHOUT specific deadlines. All other problems - bad search criteria that produces too many false hits, the decision to search in reference files for all requests, lack of electronic document depository for NNCP - are secondary. When expedite is requested on the NC, the FBI resolves it in a matter of weeks. In fact, they can process up to 100 expedite requests a week without affecting productivity. That means some requests are just plain ignored.





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  • Milind123
    01-24 11:59 AM
    I personally do not travel through a country that are biased and requires a transit visa for specific countries only. If you think about it, most of the international flights are full of us, Indians. If everybody (including Indians with GCs, that do not require a transit visa) start boycotting such airlines/country transits, then they will have to change this policy.

    As I said before, I am never going to fly thru UK, even though I sill have a transit visa valid till Nov 2008. I can still feel the pain.





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  • smisachu
    07-11 11:04 AM
    I agree with immi2006. We set ourselves apart by the Flower campaign indicating that we are law abiding and peaceful.

    If some one can come up with a format which shows the tax dollars we have paid so far and the social security we have contributed and we can extrapolate it to encompass the total estimated number of EB immigrants. That would be a sizable number and will wake everyone up. If we distribute this to all the Senators/Congressmen and media it could have a huge impact.

    Maybe all IV members can send the two figures:
    Lifetime tax paid- One figure
    Contribution to SS- One figure

    We can put this in a presentable format with a write up and publish it. More ideas and thoughts please.


    Guys,

    This should not boomrang on us, let us do it with caution. Food Delivery etc can look mean.

    What we can think of is Sending your tax statements for 5 years to tell them how honest we have been and how much we contributed to economy..
    Sending it to local senators ?.

    What dou think ?





    waiting4gc02
    05-17 08:17 AM
    Guys:
    Here is my scenario :

    We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.

    I am going to apply for I-485(both) next month and EAD for my wife.

    My questions are :

    A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?

    B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
    Do we have to use AP only if we want to travel, once we have filed I-485 ?

    Thanks for your time.





    lvinaykumar
    09-10 03:02 PM
    Called few on the list and will be calling few more after a hour