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Member Profile: camar2002 (4434 posts)

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Hello, I'm camar2002 (report this user)
I am from India
I last logged in on 24 May 2013
I have been a member since 11 Sep 2008
I have added 4434 posts in trackitt forums
I added my last post on 23 May 2013
camar2002's Immigration Cases
 
I-485 case: Approved in 115 days (558 days less than average)   (14 comments)
User: camar2002 Nationality: India
Country of Chargeability:IndiaApplicant Type:primary
Service Center:NebraskaCategory:EB3
Priority Date:26 Mar 2002Application Filed:08 Apr 2011
USCIS Received Date:11 Apr 2011USCIS Notice Date:15 Apr 2011
USCIS Receipt Number:I-140/485 Filing:non-concurrent
I-140 Processing Type:regularI-140 Approval Date:01 Mar 2005
First Fingerprint Date:10 Jun 2011Second Fingerprint Date:
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Case Transferred to:Transfer Date:
Name Check Status:Name Check Approval Date:
I-485 Status:approvedI-485 Approval/Denial Date:01 Aug 2011
Card Production Ordered:Card Received Date:13 Aug 2011
EAD Applied?:yesAP Applied?:yes
EAD Approval Date:AP Approval Date:
EAD Received:AP Received:
Time to Get EAD Approval:Time to Get AP Approval:
Time to Get Fingerprinting Done:63 daysTotal Time to Get GC:115 days
Most Recent LUD:Days Elapsed:
Experience:Thank you Trackitt and all the members for the support during my GC journey. My journey ended a while back, but it was hard not to visit. Now, I think time has come to move on. I hope CIR passes with all the good provisions intact. Good luck everyone!!
Case Added to Tracker: Last Updated: 23 May 2013
Notes: Thank you Trackitt and all the members for the support during my GC journey. My journey ended a while back, but it was hard not to visit. Now, I think time has come to move on. I hope CIR passes with all the good provisions intact. Good luck everyone!!
camar2002's Posts
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Posted in I-485 Forum on 23 May 2013
Topic: Priority date retention question on job profile

Based on the text of the law, if your employer withdraws the i140, then you can no longer port the PD.

However, USCIS in a memo/guidance (sorry no link on hand) that was published a couple of years says that you can port your PD even if the employer has withdrawn the i140.

Of course, if the revocation is due to fraud, then you can't retain your PD.
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Posted in I-485 Forum on 13 May 2013
Topic: Immigration Bill Hit With $6.3T Price Tag - Seriously???

I applaud your stand on supporting the CIR bill, but going by the posts and cherry picking of the facts and queries, I conclude that you really are a blind supporter. And I really think blind supporters are the worst kind of supporters.

Opinion piece in CNN is now saying that the Heritage report could be right, and says:


That conclusion ignited a huge controversy. Still, even the fiercest critics had to concede the basic validity of Heritage's claim.




So you assertion that both sides are questioning the validity of the report could be an overstatement.

Also, you keep saying that the person who wrote the report left the Heritage foundation. Do you know why? Because they found some of his earlier papers that seemed to have a racist slant. Americans are very to sensitive about being seen as a racist. I remember some scientist said based on the available data, people of African descent dont do well on mental tasks but better at physical tasks (I am paraphrasing the actual text), and he got slammed for being a racist. The author of the Heritage report left the foundation because people dug up his old thesis that showed some racist slant, not because of the report.

The way you are spinning it (knowingly or not) is that he left because of the report.





"they may be misguided, but they have their voice, and it behooves us well if we treat everybody with respect"



You said it your self they may be misguided, I do not need to say any further.




Remember I am an immigrant, and so I find their views to be misguided. If I were neutral, I may not be so critical of their views, and may not be calling their stand to be "misguided". India has a huge (illegal) immigrant population too, you are not affected so you may not be aware of this, but there are people who are calling for them to be deported too. I am sure if you were in their boots, you would be making an argument to restrict immigration too. On the other hand, the "pro-nationalists" consider you to be "anti-nationalist" and call your attempts at getting CIR to be misguided (doesn't take much does it?)





"I agree that the report does only look at the negative impacts, but a wishy washy "someone will bring the next big exports idea, or the next big job creation" is just in the same place as "we are getting drug peddlers, and criminals".




You said it your self you want to believe all 14 mil will be just suckers of entitlement. It just shows your inherent bias, now ask me for respect. Tell someone you are utter useless and then say oh I respect you, I am pro immigrant. Don't be hypocrite.




I did not claim all of them will be a net negative on government tax/spending columns, although I think you really have to be super blind not to agree that a majority of them will likely to consume more in benefits than they generate in taxes. I am not showing an inherent bias, any more than recognizing what the income levels of the illegal immigrant is. How do you define Hypocrisy? I am pro immigrant, but I never claimed to be pro-illegal-immigrant. And discussing the cost or benefits (however bad they may be) doesn't make one to be hypocrite. What next, if people say that criminals (not the immigration kind) be denied opportunity under CIR, you will tag them as hypocrite too? You seem to be very easy on passing out labels.




Now you are blaming any financial deficit to immigrants, 11mil will eat up anything, really do you follow economics. There is whole of bunch of reason why deficit went to 14 trillion before CIR, so lets not go there.




No I did not blame the immigrants on deficit (however, I am now blaming you on lack of comprehension). My point was that people are saying adding these immigrants will solve/relieve the social security and medicare woes. It does not.




"The report definitely is faulty"

Man, you agree the antis keep on saying faulty stupid things but yet want to criticize questioning of it. Seriously!
This summarizes you entire post!




What you are doing is not "questioning". You are just discounting and ridiculing the report. Big difference. It doesn't summarize my post at all. Throughout the post, I have said that while the report might be cherry picking the scenarios, there is serious, and thought provoking arguments too.
I don't like this postI like this post
Posted in I-485 Forum on 13 May 2013
Topic: H1B - Fulltime Job



1. If they terminate me without any notice then will I be out of status instantly.




Why do you expect this to be any different from your current employer? If your employment with your current employer is not a immigration sham, your current employer can terminate you without notice and you will be out of status too. There is no additional risk on this front if you move (provided your current employment is not a fraudulent practice).

To answer the question you will be out of status immediately.



2. How much time do I have to search for a new employer ?




The 3/10 bar applies after 180 days and 360 days since going out of status. Based on this, you should find a job within 180 days (this is assuming you are on H1, if you have filed your 485, then you can continue to stay as long as your 485 is pending). If USCIS realizes that you are out of status, it may not issue you the i94 along with the new H1 approval, so if your current i94 expires shortly, you may have to go out of US to get a visa and enter back.



3. Do I need ask my future employer to provide me any letter saying that they will provide me notice period before terminating my employment ?




There usually is a notice period in all employment offers, typically 2 weeks, however employers terminate and pay you for 2 weeks without you having to go for work.
I don't like this postI like this post
Posted in I-485 Forum on 12 May 2013
Topic: Immigration Bill Hit With $6.3T Price Tag - Seriously???



Somebody felt bad about it, sorry for you. Which chapter of dumbersusa do you belong to.




Why don't you just respond to the topic rather than attacking the person? Senram is right, why haven't we seen a report that shows how the CIR can be helpful? dumberusa? Why do you expect everyone to roll a read carpet out for you in their country? Numbersusa is made up of Citizens who worry about impact of immigrants, they may be misguided, but they have their voice, and it behooves us well if we treat everybody with respect.



Ask any economist to do 50 yr projection and you will get good feedback. It is as good as visiting a psychic.




So how can you decide that the report is wrong, other than being a psychic yourself?



Next even heritage says for next decade this will be surplus not a deficit.




Are you really not seeing the reason for the surplus in the first decade? It is a bill that is crafted to show that the legislators are tough on illegals. While the first 10 years, there will be no Obamacare subsidies (and claims other means tested credits, although I have not seen if the means tested credits are actually), it is undeniable that most of these, by virtue of their income levels, *will* become a net consumers of government services (as the report claims it to be).




Adding 18-50 yr old to an economy helps roll it. In an ageing society immigration helps keep population young. Also I bet you atleast one in these 14 million will bring up the next big exports idea or next big job creation. Atleast one, statistically there will be more. Did heritage take into account that




How big? what are you betting? I agree that the report does only look at the negative impacts, but a wishy washy "someone will bring the next big exports idea, or the next big job creation" is just in the same place as "we are getting drug peddlers, and criminals".

Also, the report claims study which shows that on an average the next generation of low wage earners will not necessarily break out of the wage limits.



33 mil includes the people that are here and you have agreed they cannot be thrown out also it includes people who would brought in. The goal of this bill is to refirm a broken status quo and make it reflect todays needs. Difference is merit based takes over and siblings and random diversity are eliminated.




Who agreed they can't be thrown out? I think people from Arizona (although I don't support the law in AZ) would disagree. What is today's needs? CIR is just a political ploy, it does not reflect the actual needs, just the want. And it is just some BS about class politics is causing siblings and diversity visa (check on the requirement, it is not random, they too have education and work requirements) to be sacrificed to appease illegals. Is that today's need? Court criminals and shaft people who have tried to follow the law?



In that 33 they are assuming the demand to be always in full throttle. Here's one number in that chart EB4 and 5 will be always 14000 each for each year which is not true even right now. They have put a ratio of 3.5 for EB visas counting dependents, where as the ratio for people on MS H1b will be just 1 dependent. with H1b reforms, IT abuse will come down thereby more people coming in would be MS based than direct H1.




Really, why is EB3/2 I/C stuck for the last 10 years (and is going to be stuck for another 20-30) if CIR doesn't go through.

IT abuse will not come down, USCIS did the client letter requirement hoping to get rid of fraud, do you think it was fraud has stopped? "more people coming would be MS"? What kind the TVU kind? The bill does nothing to prevent fraud (why will it, it is helping criminals in the first place).



That entire dumbersusa chart needs more scrutiny. Thanks for quoting great scholars may be I should quote all ultra pros.




The report definitely is faulty, but along with the report the CIR bill needs scrutiny too. The bill will definitely cause a negative impact on the budget in the long run. Just like the baby boomers were promised social security and other benefits by younger generation only to find an almost broken system, so too will the promise of utopia be broken if this bill is passed.



Give neutral sources for credible data to argue.



Well do you really think you will ever agree to a "credible data". If the data doesn't support your view, it is biased.
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Posted in I-485 Forum on 11 May 2013
Topic: What wrong have we Indians done?

Yeah right, call the moderator on this thread and then pay premium subscription fees to watch UFC. You need serious help. You are a kala dabbha on every penny pinching Indian. (Using penny pinching to describe an Indian is probably redundant).
I don't like this postI like this post
Posted in I-485 Forum on 11 May 2013
Topic: What wrong have we Indians done?

Wow!! really?? Just because he is from Pakistan, you think his words are immaterial? It is people like you who will continue to make it hard for either sides to move away from the fixation towards destroying each other. His words were pretty non-judgmental, and yet you had to bring his country of origin?



@OP: While I understand where you are coming from, but you need to realize why the dates are stuck in 2004. Some of it is fraud that Indians are committing (that many here don't like to hear, because it is like showing a mirror to them). Removing all the contracting loophole would have made the lines much saner than it is now. And the per country limit has affected other countries in the past. Right now, due to IT industry, Indians have a huge demand, it will pass, then the same Indians will be blaming some other country using up most of the visas, and lament the lack of quota.
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Posted in I-485 Forum on 10 May 2013
Topic: Could I downgrade/port from EB2 to EB3



Look for a suggestion again.
Should I port from EB2 to EB3 for the current situation?




It is an interesting situation, I think we may be at a crossroads where traditional wisdom is not going to hold for EB3. It looks like China Eb3 doesn't have many candidates (which is very surprising. Do you know from Chinese forums, why this might be the case?).

That said, note that China can't go beyond EB3-ROW, while DoS has significantly advanced the dates right now, it will be retrogressing them soon. DoS waited too long to advance the dates, now EB3-I might get some spillover since USCIS will take a while to process these new applications that have just started rolling in.

However once the pipeline is filled the dates will retrogress (and again move at a lethargic pace), how back? No one knows, I but I think it will go back to late 2007.

Does it make sense to port? Probably.

If DoS moves back the date soon and doesn't fill the pipeline enough, by next summer, DoS will be trying to fill the pipeline again. If you are ready with your EB3 petition by then, you *may* get a chance of being approved.

If however, there are enough applicants by these two movements (and any further movement the next couple of months), then you will not see your PD being current under EB3 for at least a couple of years.


Does port cost money?
Is there any risk?



Yes, porting means you will be starting a new PERM application, and an i140. Which means there will be application fees lawyer fees, advertising fees etc. All of which should probably be borne by your employer (any good employer should do this).
There should be no risk as long as the positions being petitioned for are genuine and are still avaiable for you.




Is it possible that EB3 China will fall back again?




What is happening for EB3-ROW/China is what happened to Eb2- China, and India last year. The dates were moved forward to fill up the queue, and then moved back.
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Posted in I-485 Forum on 08 May 2013
Topic: 1099 or w2 which is better

If you are on 1099, you will be considered self employed. Unless you have employees (other than yourself), you pay no FUTA, or SUTA -- of course, it also means you will not be given any benefits if your self employment ceases. I am no CPA, and this is based on my understanding of who needs to pay those taxes, check with a competent CPA to figure out all the taxes you need to pay.
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Posted in I-485 Forum on 08 May 2013
Topic: What should be the employment start date on I-9

Start date is whenever the employee reports to work, not necessarily the day of landing. However, since you mention consultant, you need to find if your "friend" has a normal employer-employee relationship. If the "friend" paid the consultant for any part of getting the H1, and has a "contract" (either written or a mutual contract) that says he gets paid on a percentage basis, then the "employer" and "employee" relationship is a sham -- it doesn't matter what start date is put, the entire situation is just to hoodwink the immigration system.

Typically the USCIS allows some time before the employee starts work. 15 days to a month will probably be considered OK before the employee joins work.
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Posted in I-485 Forum on 07 May 2013
Topic: Immigration Bill Hit With $6.3T Price Tag - Seriously???



Thanks for the link. Pretty interesting read, we have to see if we will hear a reasoned rebuttal rather than just some "oh, they are creating fear".

One rebuttal *might* be that the report only talks about the negative impact of illegal immigrants, does not talk much about the positive impact that legal (and college educated) immigrants bring.

The report does mention that most of the legal immigrants tend to be college grads, so are net contributors to government coffers. Given that legal immigrants are a fraction of illegal immigrants, I suspect the overall numbers will not drastically differ from the quoted 6.3T (there is no projection on what the future make up of hopefully all legal immigrants is going to look like).

Missing also is the fact that many people might start businesses and generate further revenues. However there too, not every business is going to be the next Facebook or Google or Apple, statistics are very harsh on successful business starts.

While I don't believe the 6.3T, I think it is going to be a net negative rather than a positive impact that the promoters seem to imply. The 13 year wait and no benefit is very likely put for CBO office that generally does a 10 year analysis (have to see whether they will do a more detailed analysis), and is likely to show a positive impact for the next 10 years -- something that this report also agrees.
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Posted in I-485 Forum on 07 May 2013
Topic: EB3-I June 2003 PD may be current by Sep 2013


I considered that ROW will use 72% of regular 40040 visas of EB3, and out that 30% will be CP based. If USCIS moves PD of EB3-ROW to 1st Jan 2009, then the total movement is 1.5 years, and that will convert to approximately ~12,250 ROW CP cases.



Unfortunately, because M/P are not well represented in EB1/4/5, most of the M/P 7% (of 140K) is consumed from EB3 quota. So ROW is not getting 72% of 40K visas, I think it is closer 57-62%, assuming M/P together takes a little over 10K visas (and I suspect both these countries have a considerable amount of CP applicants).


On a different note, I think we will see 2003 in the coming VB for EB3 Yay!!
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Posted in I-485 Forum on 06 May 2013
Topic: Delay in RFE in Mail

Check with your lawyer, sometimes the mail goes to them, and it is likely they may already have it. But you should generally get it within 10 days. If the lawyer has not got it yet, ask him to either follow up with USCIS, or you could call the 1800 number to see if you can get to talk to an IO who can shed light on your actual status (online status can be buggy, and the first level agents mostly just repeat whatever is the online status).
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Posted in I-485 Forum on 06 May 2013
Topic: So many hurdles for the CIR






Obama extending DACA will pretty much be a death knell for any reform, and since he does not have another election to win, I doubt he is going to do that. DACA was the carrot to get him re-elected, nothing more.


@GC01


also i dont think they are in negotiating position...




Ha Ha Ha, legals have to wait on illegals to get their own situation rectified, and you are saying that they are not in a negotiating position :) Funny.


@hssk


And I cant believe illegals would complain about a 10 year waiting period, while the legal immigrants




Rank and file illegal may not complain (heck, I am sure they will not complain as long as they dont get deported, never mind legalization), but the "organizations" are raising a stink about everything, they want every amenities (that even the legals dont get) and want the government to put up a "thank you, come again" sign for any potential illegal.
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Posted in I-485 Forum on 06 May 2013
Topic: No EB2 India movement this year GUARANTEED


It may actually go to September 2003 instead. There has been some data inaccuracies in reporting from USCIS which have since been rectified. This information came from my lawyer.



When you say guaranteed, that too in all caps, what is the guarantee? Who is giving it? What will be the "penalty" for breaking the guarantee? Will your lawyer (and your colleague's lawyer) turn in their law license? Will you deport yourself?

There have been enough instances where Charlie has said one thing and done another, so I think no one can guarantee anything regarding the forward movement. Unless of course, they already have the entire demand/supply numbers worked out to the last digit (they are unable to do so even where there was only backlog applications that needed to be cleared out). And knowing that there still is about 4 months to go, I find it hard that someone guarantees what the movement will look like this soon.
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Posted in I-485 Forum on 06 May 2013
Topic: I-94 expired date with Advance Parole

That request form is only for retrieval, it will not issue a new i-94, while I don't know the specifics of the new system, I find it highly unlikely that it will extend the i-94 beyond the current limit.


@OP: When you enter on AP, you are generally given a parolee status for 1 year (that is "i-94" expiry date), beyond that your status will be controlled by the fact that you have applied for, and have a pending 485. Your status is a quasi-legal "AoS pending" status. This status is very well understood and recognized by USCIS/ICE, however, I am not sure how well this works for obtaining license etc.

As such, getting an extension to AP/EAD will not grant you a new i-94 (like it does with other non-immigrant visa extensions), the only way for you to get a new i94 would be to travel out and re-enter USA.
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Posted in Atlanta PERM Forum on 05 May 2013
Topic: Bachelor's Degree plus 5 years of experience qualify EB-2?

If she has a US Masters degree then why are you worried about using BS + 5 route? Is the US Masters not in the same field as the job?

Regarding what the immigration specialist said: If the specialist is saying that the minimum required for the position in Masters, and you can not use BS + 5, it could mean that the job position always has been using Masters as the minimum requirement, so using BS + 5 for one case could be seen as "customizing" the requirement for one applicant. If that is the case, you will technically not be able to use BS + 5, but talk to the company lawyer directly, they may be able to better guide your wife's manager than an immigration specialist (My "immigration specialist" was way behind the curve, and only knew very little about immigration).

Secondly, the job requirement *should* state it as MS or BS + 5. USCIS will not automatically grant EB2 for someone who has BS + 5, but the requirement only states requirement as MS. A lot of people have had to redo their PERM/LC because of this.
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Posted in I-485 Forum on 04 May 2013
Topic: Travel to LA/San Deigo/SFO from NJ

While it may sound alarmist, it is always best to carry your passport (even with an expired i-94), and a copy of your 485 receipt when you are visiting a border town. San Diego qualifies as a border town.

AP would be nice if you mistakenly cross over into Mexico, but not needed if you will not make that mistake (hard to do).
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Posted in I-485 Forum on 04 May 2013
Topic: Unemployment benefits for dependent who is on EAD.

People who say one can't apply for unemployment are mistaken (as was I during my early days).

Since she has 485 and an EAD, she satisfies the requirement that the applicant should be able to live and work in US. Only issue would be if her EAD expires, unemployment benefits (other than needing the applicant to have legal presence in US) require the beneficiary to be able to work, an expired EAD does not meet that rule. So make sure your EAD is always current.

Of course, eligibility will also depend on how her job ended, whether she was on W2 or a 1099 etc, but that is beyond immigration aspects, and I dont know enough to advice on the actual matters of unemployment benefits.


To address whether applying for UE benefits is harmful for immigration, that too for a dependent, consider this. Most people think that UE will be considered a public charge -- it is not. Since UE benefits is something of a insurance that employer pays into, it is not considered a public charge.

For a dependent, there is no requirement to maintain an ongoing job, so USCIS could care less if the dependent is working or not. However for primary applicant, since your Employment department is going to check with USCIS, this could trigger an RFE asking you to show an EVL (or a job offer letter), as long as the primary can show that he has an employer that is willing to hire him (based on AC21 terms) upon grant of the GC, even primary can avail UE benefits.


BTW: Multiple lawyers have opined that taking UE has no impact on GC (provided of course, that you have a job offer, should USCIS come asking).
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Posted in I-485 Forum on 04 May 2013
Topic: WTH: The GOP may kill immigration reform over gay rights

Why do you blame GOP? Why not the people who are introducing it? In politics nothing is not black and white. The goal of the people who are introducing it might be to kill the bill. A line of thought (and elaborated by Sen. Rubio) is that killing the bill will be more harmful for GoP than letting it pass. If GOP wanted to kill immigration reform, they would have put some conditions to neuter ObamaCare, or change the entitlement programs etc.

Dont blindly blame GoP for everything, and don't support democrats blindly either -- it is reported that actually want to reduce EB and focus more on FB.
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Posted in I-485 Forum on 03 May 2013
Topic: How 70 sen. vote create impact on House?


Why democrats should be so stubborn on citizenship man.... arn't the undocument people are happy if they get GC without citizenship eligibility..... why cant it be "path to legalization", instead of "path to citizenship"...



Because it is about vote bank politics, not about doing the right thing for the country, or the people.
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