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  • hydubadi
    07-26 12:20 AM
    Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.

    Thanks,
    hydubadi





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  • Googler
    02-16 04:24 PM
    Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.

    The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.

    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.





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  • meridiani.planum
    09-23 04:56 PM
    the bailout amount of 700billion shows you how deep in trouble the market is.
    How many do you estimate will really buy a home if there is a law like this.
    Do you have any survey, any real study with proper numbers?? If its 1000 people, its not going to be worth the trouble for them. If its 20,000 real commitments, then we are talking... With downpayments of 250k and mortages for the rest, we are soon talking some pretty decent numbers here (assuming bay area kind of home prices)

    Also you mentioned IV is discussing this. Do you mean core IV team is officially involved in a campaign or is this just ur own initiative.





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  • Wendyzhu77
    07-16 06:24 PM
    You should know that processing day means NOTHING! If you are after that, it doesn't mean your case will not be processed. If you are before that, it doesn't mean your case has been processed.
    So surprised there are still lots of people keeping an eye on processing day. That's totally useless piece of information.



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  • easygoer
    07-23 01:51 PM
    vldrao has done good job and we are thankful to him





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  • unitednations
    02-18 05:41 PM
    I agree that his arguments are valuable...

    And I believe that those must be countered point to point...
    You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....

    That is the reason for this whole shoot out.....

    I don't look at it as a shoot out or trying to pick on people and say the situation is hopeless.

    I have a lot of postings on immigration.com and I can tell you definitively that the conversations on this portal are much more constructive and educated. On the other portal there are people who still think it is a conspiracy of holding back visas and government wants people out. No matter how much one talks about the law and visa allocations they do not look at the facts but rather wallow in self misery and conspiracy theories.

    There are others who don't pay much attention to immigration matters and belive the rhetoric that a law change is around the corner and it will increase the vsias by a substantial amount. In my opinion from everything I know; regarding allocation of visas; number of pending cases at backlog centers; number of perm approvals; number of people here on h-1b; O visas, L-1' university H-1b's; the wait could be minimum ten years for people from severely retrogressed countries. Until people can understand this; and I am afriad that the only way people will understand this is if USCIS/DOS issued exact statistics of how many I-140's there are where 485's haven't been filed; how many 485's are pending which can't be approved; how quickly they process eb2 row and eb3 row cases and how frequently they come into the pipeline then an educated guess cannot be made with any great precision. However, everything I know would say that everyone from india in eb3 and eb2 should just stop watching the visa bulletin because at the current pace and law; it would take five years to just approve one year of greencards which happened in 2005 and even then the dates were back to 2002. Since January 2005 there hasn't been any eb3 approvals from India with priority dates after June 2002. You can just imagine how big the numbers are. There was over 50,000 H-1b visas issued in 2005 (can't tell which were intial h-1b's or just revalidation); 20,000 H-4's; 20,000 L-1's, 20,000 f-1s; 200,000 visitor visas. That was all just in one year. When there is only going to be 10,800 greencards compared to these numbers it becomes mind boggling.

    Regarding arguments and counter arguments. When one does a presentation or getting ready for a presentation you always need to understand the other side of the argument. If you don't then you cannot counter it and will lose credibility. So some of the things I have pointed out need to be countered/mitigated to have any reasonable chance of success. For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. The numbers would be so huge that without quota change, etc. it would be a disaster. If the plan was to first ask for this and then six months later say; hey look now we have 2 million people going for greencard and you should increase the quota now; it might fall on deaf ears for many years.

    Just in case you want to ask; I don't have good answers; there will be much more arguments to use about not attracting/retaining once all of EB retrogresses. The scientists; executives on L-1 from companies like Citibank; hsbc, etc also get retrogressed then you will hear much more noise.

    Within immigration there is competing interests. You have political asylee issue where there was a cap of 10,000 annually even though there are hundreds of thousands of people waiting for it. It took them many, many years to lift the cap. there are 12 million undocumented workers who could pose a security risk if you listen to all the security pundits; there are EB3 skilled workers who cannot get into the country because they don't quality for h-1 and have to wait outside; there are teenagers; young adults who came with their undocumented parents who are trying to legalize, etc. Phillipinos who are sponsoring their siblings have to wait for 23 years.

    In EB we are one of the few who hold non immigrant visas that allow us to get a greencard while we are in USA. Just about all the other categories of non immigrant visas require a person to stay out of usa until they get the greencard. As I said in a previous posting; I firmly believe that EB is the least disadvantaged of the various routes to get permanent residency.



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  • immique
    07-17 01:23 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..





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  • sugaur
    05-31 12:58 AM
    With Bush and McCain CIR there was atleast a chance for some relief for legal immigrants. Democrats are all like used car salesmen. I wont be surprised if they pass legislation to appease the hispanic community while leaving us high and dry.



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  • whoever
    02-14 01:11 PM
    what are cir timelines. it seems march 15th is lobby day. i read from aila.org recent postings.





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  • amsgc
    12-13 11:11 PM
    When I get a chance, I also talk to my co-workers and friends who are citizens, especially when they say - are you a citizen yet?

    Surprise! Surprise! - many of them are unaware of this racist provision and the response you usually get is "that sucks man". So, people understand. Yes American citizens see that this is an unjust law.

    If we talk enough about it, who knows, maybe some policymaker will hear it from his/her constituent.


    Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.

    Just discussing if anything else can be done.



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  • java_jaggu
    06-26 01:24 PM
    ---------------------------------------------------------------------------

    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    Quote:
    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Quote:
    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
    Reply With Quote

    ------------------------------------------------------------------------

    I do not think what you asked was illogical. The only reason I'm saying this is the EB-3 Other Workers Category suddenly became unavailable in the middle of this month, which was quite baffling to say the least. So, even though I agree with what your lawyer says, I don't think we can rule out the possibility of a curve ball being thrown in the middle of July. So may be, you can let your lawyer know that your initial question was based on the EB-3 Other Worker category becoming unavailable in the middle of the month without any warning and if USCIS can legally do something for the categories we are concerned about.

    ------------------------------------------------------------------------





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  • msp1976
    02-16 11:12 AM
    This is a link provided by akred....

    http://academic.udayton.edu/race/02rights/immigr09.htm

    This is required reading for all those who want to understand the attitudes of the anti immigration folks like the numbersUSA et al.....



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  • desigirl
    01-13 03:17 PM
    Plainspeak - From one girl to another - you have a lot of time to kill :) For members who did not get worked up by your post, everyone has had a good laugh! Thanks.

    Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.

    BTW, you don't have to respond to my post, as I will not be checking it.





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  • alterego
    12-19 03:47 PM
    Looks like this issue is finally getting some attention in both the lobbysphere and in the legislature. I was pleasantly surprised to see this on the yahoo techticker.
    It is actually a very sensible partial solution. I hope it will be a part of a multipronged strategy to solve this. I am under no illusion that we alone can solve this, but we can help.
    We are already an integral part of this economy but being prevented from contributing fully to it, by purchasing homes and investing into it. It hardly seems a radical approach to integrate us fully by giving green cards if we buy homes. Those who have secure jobs and rare skills are the ones who will buy. Those immigrants will help near and longer term.



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  • unseenguy
    05-29 11:47 AM
    Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.

    Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?

    If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.

    If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.

    Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.





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  • kumjay
    06-27 01:04 PM
    I would love to ask Lou Dobbs the same question!!

    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)



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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495





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  • GCBy3000
    06-28 12:56 PM
    Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.

    I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time





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  • vbkris77
    01-14 01:40 PM
    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..

    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...

    If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..

    But I wouldn't hold my breath for that day...


    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





    smuggymba
    01-14 10:19 AM
    what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.

    I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.

    Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.





    ita
    04-15 08:15 PM
    I remember reading last year a kid who posted something about why he doesn't like Saino was nabbed by cyber crime team near Delhi.Don't know what happened to him after that.

    Also I read about Chetan Kunte in the NDTV-Mumbai issue.

    CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.

    I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.

    Navin Chawla will most probably succeed Gopala Swami when he retires this month.

    Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)

    Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.

    No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.

    Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
    "To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.

    http://www.hindu.com/2009/04/15/stories/2009041561271300.htm

    Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.



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