iambest
07-11 04:48 PM
Is this true...? if it is, USCIS is in big trouble.
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
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rdehar
07-20 12:26 PM
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
forgerator
10-22 04:43 PM
For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown)
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
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dealsnet
02-24 11:59 AM
Details says your friend and the title says you (used 'I').
Which is correct. ?
My friend's wife was did shop lifting in JC penny store around $30 in New Jersey,but not arrested,police was taken pinger prints and case filed in Feb 2007,she went court and accepted guilty,judgement is given $300 fine and two years not enter into store premisis.
As per judgement fulfilled.Now she is in India,she has to attend H4 visa and enter to USA.Is there any problem getting H4 visa and deportation issue in USA.
Thanks advancely.
Raama
Which is correct. ?
My friend's wife was did shop lifting in JC penny store around $30 in New Jersey,but not arrested,police was taken pinger prints and case filed in Feb 2007,she went court and accepted guilty,judgement is given $300 fine and two years not enter into store premisis.
As per judgement fulfilled.Now she is in India,she has to attend H4 visa and enter to USA.Is there any problem getting H4 visa and deportation issue in USA.
Thanks advancely.
Raama
more...
waiting4gc02
03-06 01:41 PM
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
ramesh10
06-15 07:20 PM
Franklin,
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
more...
lacchij
08-10 12:36 PM
I got my receipt numbers from the checks... I issued my personal checks where checks address is different that 485 address.... I hope this is clear... Please don't worry too much...everyone will get the receipts soon...
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chanduv23
12-16 10:59 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
more...
GCHope2011
06-28 06:52 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
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kbsyed61
04-23 02:20 PM
June 31?
more...
pappu
06-04 01:15 PM
IV presents, live update directlly from the Senate 'floor'. You can see how Senators debate, take positions on the various ammendments lying on the 'table' and gathering dust since last week.
It will truely be an experience, not to be missed.
Join us at:
http://immigrationvoice.org/forum/showthread.php?p=75738#post75738
:D
It will truely be an experience, not to be missed.
Join us at:
http://immigrationvoice.org/forum/showthread.php?p=75738#post75738
:D
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nixstor
07-12 02:47 PM
Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes.
Politics
------
Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
Satveer Chaudhary, state Senator in Minnesota.
Toby Chaudhuri, Democratic communications strategist.
Swati Dandekar, an Iowa State Representative
Dinesh D'Souza, a conservative commentator and author
Kris Kolluri, New Jersey Commissioner of Transportation.
Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
Raj Mukherji, New Jersey lobbyist and businessman.
Vij Pawar, New Jersey attorney and former congressional candidate.
Ramesh Ponnuru, contributing editor at the National Review, political commentator
Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
Sanjay Puri, Chairman of USINPAC & USIBA
Nikki Haley, South Carolina legislator
Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987
Thanks for googling this list up. USINPAC tried to portray us as Emigration voice and we will ask them for help. :(
Guys on the list of Howard Dean/ S R Siddharth etc cannot help us with our cause. The irony is they dont relate our cause at all, because we neither have right to vote nor the right to contribute to their democratic national committee funds
B T W one andhrite from Detroit gave 1 mil USD to clintons for gracing TANA 2007. I don't know if he is a consulting company owner or a doctor but many andhrites run consulting companies and they would not love us to be freed :)
Politics
------
Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
Satveer Chaudhary, state Senator in Minnesota.
Toby Chaudhuri, Democratic communications strategist.
Swati Dandekar, an Iowa State Representative
Dinesh D'Souza, a conservative commentator and author
Kris Kolluri, New Jersey Commissioner of Transportation.
Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
Raj Mukherji, New Jersey lobbyist and businessman.
Vij Pawar, New Jersey attorney and former congressional candidate.
Ramesh Ponnuru, contributing editor at the National Review, political commentator
Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
Sanjay Puri, Chairman of USINPAC & USIBA
Nikki Haley, South Carolina legislator
Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987
Thanks for googling this list up. USINPAC tried to portray us as Emigration voice and we will ask them for help. :(
Guys on the list of Howard Dean/ S R Siddharth etc cannot help us with our cause. The irony is they dont relate our cause at all, because we neither have right to vote nor the right to contribute to their democratic national committee funds
B T W one andhrite from Detroit gave 1 mil USD to clintons for gracing TANA 2007. I don't know if he is a consulting company owner or a doctor but many andhrites run consulting companies and they would not love us to be freed :)
more...
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johnwright03
06-14 10:16 PM
does anyone the fate of future GC aspirants...i mean the people who are not in the run for 485...whose Labor is not approved...does anyone until when the pd going to stay current...of course the bulletin says pd might retrogess in the month of September for indian born nationalities...?? is there any chance that the pd might retrogess in the next month itself..??
well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????
Lots of Hurdles in Life.....
but, Life is a Camera, face it with a SMILE...!!!
well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????
Lots of Hurdles in Life.....
but, Life is a Camera, face it with a SMILE...!!!
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martinvisalaw
03-22 07:17 PM
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
more...
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tdasara
05-29 08:42 AM
This basically is adding insult to injury!
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
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deepakjain
02-24 11:19 AM
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
more...
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rvr_jcop
03-27 12:51 PM
I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
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bondgoli007
02-23 01:39 PM
Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
Easy on the guy pal! I am sure he would not have come here to seek help if the answers were so obvious to him.
unseenguy, A lot of companies all across the country are resorting to pay cuts and there is no guarantee that the job will remain either. Mine announced 5% cuts and cut other benefits that had made working in this company attractive.
I am sorry to hear about the job loss already in your household. Here is my suggestion....Do keep a lookout for better opportunities but try to get your wife a job before you change yours. Invoking AC21 is a option but use it only if you find a better opportunity or at least better stability. I know it is a cliche but hang in there and know that there are a lot of families all across this country who are in similar or worse situations. All the best and please fill in your details like PD and GC processing stage.
Easy on the guy pal! I am sure he would not have come here to seek help if the answers were so obvious to him.
unseenguy, A lot of companies all across the country are resorting to pay cuts and there is no guarantee that the job will remain either. Mine announced 5% cuts and cut other benefits that had made working in this company attractive.
I am sorry to hear about the job loss already in your household. Here is my suggestion....Do keep a lookout for better opportunities but try to get your wife a job before you change yours. Invoking AC21 is a option but use it only if you find a better opportunity or at least better stability. I know it is a cliche but hang in there and know that there are a lot of families all across this country who are in similar or worse situations. All the best and please fill in your details like PD and GC processing stage.
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485Mbe4001
09-25 11:55 AM
good find. I added this link in the personal message section of my IM. within minutes 2 sent IMs indicating that they had no idea it was so complicated for legals. :)
wandmaker
07-23 07:44 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.
logiclife
07-09 12:48 PM
Immigration Voice cannot have individual cases that seek funds or help. Its just not the policy. If we allow that then we would have entire message board with just that issue as everyone has problems and some have more severe problems than others. We sympathize with everyone's issue but we cannot cater to individual cases as an organization.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
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