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  • belmontboy
    03-15 09:39 PM
    If your case is older than 12 months from the date of judgement you can have your case expunged from public records. As of today your's is a public record and is on every entry point in the country. As per immigration laws the IO has the authority to turn you back if you have been found guilty. The best for you is to have the expungement of your case and no one will have the access to your case except FBI.. This may take anywhere 2-3 months from the date you file for expungement..

    Avoid travelling till your expungement is done..to be considered for expungement there should not be any other sace pending against you.

    Good Luck.. talk to your attorney and file for it even if you are not travelling it will be good for you for future employment etc. also..


    Getting expungement wouldnot help in his case.
    For immigration purposes, his conviction stands.
    Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.

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  • javaconsultant
    02-04 12:07 AM
    I signed up for recurring contribution for IV for 20/month.
    Guys and Gals--------pls contribute to IV as much you can.Even little amount would help it....its our only hope to get out this GC mess.

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  • gcnotfiledyet
    02-24 06:41 PM
    Did AILA actually file a lawsuit?


    They obtained authorization to file the lawsuit. They had it prepared to file and received good response from possible plaintiffs. It was possibility of good strong case by AILA that deterred USCIS to reverse the decision without a formal lawsuit. This is exactly what we need to further our cause. USCIS could care less about other petty tricks. They will only understand language of laws/court. For that we need congress to pass laws favoring us.

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  • jayZinDC
    04-02 01:04 PM
    Your motivation is very simple, lets say there are 10 people in line with one service counter, the service counter processes only 10 apps at a time, but if you are an Indian in line your time taken to process is longer. Now what are the solutions? We can speed the Indians in line by opening up new counters to service them, for that we need more money (aka contributions). Now 2 people are processed in parallel . So new people can enter the line (in the past they could not until the dates got current). I hope you get the message very akin to what you would do in the semi conductor industry. I am guessing your dates are not current and hence you are unable to apply, now more people in line getting processed means dates move and you will be current, then apply get an EAD now your wife can work. Then the US starts to become like heaven.



  • reddymjm
    10-06 11:32 AM
    BUT Nothing can be done till Jan 09. eb3 - i 03/03. Little hope could be EB3 ROW becoming current.

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  • tnite
    06-18 11:08 AM
    If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?

    They will send your application back to you.Maybe some experts can opine on this


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  • gcnotfiledyet
    02-24 06:41 PM
    Did AILA actually file a lawsuit?


    They obtained authorization to file the lawsuit. They had it prepared to file and received good response from possible plaintiffs. It was possibility of good strong case by AILA that deterred USCIS to reverse the decision without a formal lawsuit. This is exactly what we need to further our cause. USCIS could care less about other petty tricks. They will only understand language of laws/court. For that we need congress to pass laws favoring us.

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  • gc_on_demand
    07-30 11:08 PM
    There were many I-485 applictions from EB2 ROW from 2005/2006/2007/2008 pending (some stuck in namecheck, some just filled in rack and some waiting an IO). All these applications where getting approved in 2009. Recent trend 2008/2009 I-485 EB2 ROW apps are getting approved (meaning not many old apps left).

    Going forward EB2 India/China should see forward movement (and if i can esitimate right big numbers for year 2010 if recession continues).

    It could be true that those ROW app will be around 22k so no cut off dates adn there will be very less spill this year. So really slowdown in economy helped them a lot. Next year if economy continue to be slow then it may help india lot. but not 100% it will clear backlog.

    We need recapture to clear all backlog.


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  • mirage
    06-25 04:16 PM
    They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.

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  • dilipb
    06-24 01:46 PM
    In EAD form, they are asking about previous EAD info..like which service center, what date, GRANTED or REJECTEd etc.. Now I had two EADs..one is OPT and other one I got last year. Do I have to write info for both one or just for last year?? In last year's form, I wrote info about my OPT. But what now?

    According to my thinking:
    I would type the information related to the COPY OF EAD that you are sending now.
    I would type the information related to the EAD which is of most use to you.

    Also dont only listen to people on this forum.
    Call USCIS !!!


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  • kondur_007
    04-17 04:39 PM
    How can just copy of 140 approval enough. In order to port I think you need job title and description...

    He is talking about porting the "Priority Date", for that all you need is I 140 approval notice.

    What you are talking about is "AC 21 portability" and changing jobs using that portability: for that you do need details of job title, description etc.

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  • sargon
    08-24 03:44 PM

    I filed my I485 in Texas service center because at the time of filing it I was living in a state which was in TSC's jurisdiction. The application is still pending in TSC.

    I have not filed any AP so far. I am filing it first time now.

    Now I have moved to a state which is in Nebraska Service Center's jurisdiction. So should I file my AP in NSC or in TSC?


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  • LostInGCProcess
    09-19 04:35 PM
    1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed

    2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?

    PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!

    There is no such thing as "invoking" AC21. Its a law. Most important thing is, your I-140 must have been approved and I-485 is pending for more then 180 days....you are Free to sail in the same or similar field.

    Forget about option 2.

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  • ramaonline
    11-08 02:52 AM
    I have an nre repatriable demat acct thru icici - it took all of 5 mnths and over 30 calls to cust svc to get the acct opened. The acct was mainly for utilizing the indian stock opts given by employer. You can trade as an NRI but online trading is not available for US residents on nre demat accts - u can however trade thru a broker like sharekhan etc.

    All dividends are credited only to your NRE savings a/c - not to regular savings a/c. Any stock sale requires an authorization number which the broker can provide. Taxes on capital gains must be paid only if you sell within a year of purchase - the percentage is the same as for Indian citizens. There is no tax on long term cap gains

    Since we do not have any taxable income in India, and many NRIs make charitable contributions regularly, the tax liabilities are usually not very high

    Also there is a very informative section on sify.com for NRI taxation. You are not required to file any tax returns if you are in NRI status and are within the exemption limits.


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  • delhirocks
    06-28 02:08 PM

    Please see the attached document section B2.

    It implies that one can apply for EAD even if I-140 is pending, but the said law firm advises against it if the case is not straight forward (Labor substitution etc...)

    Also, I just got off the phone with my lawyer and she confirmed that
    "Though it is advisable to apply for EAD after I-140 is approved, it is not neccesary".

    In my particular case, since my H1 is valid till July'08, she mentioned it shouldn't be a problem. But she mentioned that they intend to convert the I-140 application to Premium, the moment USCIS reinstates it to be on the safer side.

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  • karthiknv143
    05-13 02:53 PM
    Take it easy!, EB2 India is going to meet the same fate next month. Based on our recent discussions with DOS.

    Looks like all fingers at you for more detailed information on your transcripts :)
    regarding EB2.


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  • dilbert_cal
    04-03 04:43 PM
    Thanks to everybody for this heated debate. While reading through it - there were times I was left thinking - instead of spending 5 minutes writing stuff here , why dont we use that 5 minutes to call up a friend and get him to register and webfax. I was about to write it when I realized I can myself do it - so I went around my office and there are 8 people who sent webfaxes already in the last 10 mins - now I think I've the right to write this :-)

    I agree we all are going through a stressful period and we can decide to either sit back and hope things work out as and when they do or to go ahead and try to do something ourselves. Initially, I wasnt very sure if IV would be able to achieve much and hence, didnt even register here. But lately I realized even if they dont achieve much, atleast they are trying their best. And I believe its better to try and fail rather than do nothing and think of what if situations.

    I dont know whether IV will be able to get an amendment, whether I'll get my GC in the near future, will I get to the point in my career where I should be and where I'm not coz of GC but one thing for sure, I'll know I tried to change the system and this is something I can pass on to my next generation as a matter of pride.

    Just my 2 cents and thanks for bearing with me if you read through it all.
    Now, I need to get on the phone and see if I can get more people involved in this.

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  • redds777
    04-17 10:40 PM
    You're welcome.

    Yep. Got copies of labor, I-140 forms and approvals via FOIA. :)

    Can you tell me the procedure to apply for FOIA and also how long did it take you to get the copy of labor . Did you use an Lawyer to fet this info ?

    I am trying to get the job description on my labor . My employer is not providing me the same .

    Thanks for your help

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  • eb3retro
    01-12 04:12 PM
    The link is still not working. But I did make a payment to your email id. Please check it out. and let me know.


    I tested it now and it is working. Earlier, PayPal's website was very slow and probably that caused some problem for you. Can you check it now?

    If it is still not working, our PayPal email id is "donations at immigrationvoice dot org"

    09-20 12:35 PM
    Look guys, sorry for the outburst, and sorry Franklin. I thank you for all the efforts you have put in.

    But see, just because you did something good, does not mean you should look down upon others!! Doesn't that make sense? :confused:

    For example, how would others feel if, say, a person holding a MIT or IIT degree says "These other low end degree holders do not deserve GC before we get it first"? [ Now do not get started on quality of IIT/MIT degree, but it's perceived to be better by most people ], or people with a US degree says "These other indian degree holders should not get GC before we do".

    Not everybody could make it to DC, but I'm sure a lot of them supported the cause directly (signing the petition, calling senators, supporting financially etc.) or indirectly (digging stories, telling the collegues and encouraging them, spreading the word etc.). Nobody should HAVE TO give an excuse for not being at DC, and HAVE TO be looked down upon if they didn't go.

    What my point is, do not divide the community with "DC Goers" and "The Others".

    As for me, no I didn't go to DC, and I don't see any reason to tell everyone WHY [ but I sure hope nobody, NOBODY had the reason I have ].

    Said enough!! Please PM me if you want to discuss further. Let's not take the thread off the topic.

    08-27 04:42 PM
    not sure if it is too late, but I just sent to Sen. Warner and Sen. Webb of Virginia.


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