psk79
10-27 04:32 PM
The service request is usually a waste of time. They will send a generic response to everyone when case is pending w/o visa numbers. I and almost all of my friends received a response that additional information was needed for processing your case and hence additional delay blah blah.. I think this guy just decided to use security message for your responses. I wouldn't worry about it. If you want to really check this, you can definitely make an appointment at local office and talk to the IO there. But it was even a bigger waste of time in my case. The IO at local office looked at his system/systems and told me that if it is a green card application its faster(just another month or so) and if it is a h visa there is a few month delay:confused: Go figure..
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ganguteli
04-13 10:05 PM
Its good that you are thinking of ideas but I do not think you know about the reason why we are all here on IV. Here is why.
#1 You need o spend time on IV and learn about it rather than just coming , opening a new ID and posting a big idea.
#2 You have not seeing Lobbying in Action. Go see yesterday's 60 minutes and how IRA controls US politics via lobbying
#3 If charity was the way to get things done, Bill Gates would have been the first to get unlimited H1B visas every year for Microsoft.
#4 You need to establish your credibility on the forum by contributing so that people take you seriously.
#5 If you really want to raise $5 million and donate to America it will do nothing. How about raising 5 Million and donating in Africa and feed kids dying of hunger. It is better than investing in education of US kids who are anyways pampered and spoiled by free school education, free transport and free meals.
#6 Maybe you should do a lottery of $5 million once collected and ask all Americans if they want to win it. You will get more media attention if that is your purpose.
Now coming to the point of raising 5 million. Forget it man. Desis and Chinese are very frugal. Unless they are in deep immigration problem they will not even give you $5.
Now tell me how you are going to get email addresses. That is really a big plan. I think you should get those email addresses and give it to IV. But how will you do it? There is no such list buddy.
#1 You need o spend time on IV and learn about it rather than just coming , opening a new ID and posting a big idea.
#2 You have not seeing Lobbying in Action. Go see yesterday's 60 minutes and how IRA controls US politics via lobbying
#3 If charity was the way to get things done, Bill Gates would have been the first to get unlimited H1B visas every year for Microsoft.
#4 You need to establish your credibility on the forum by contributing so that people take you seriously.
#5 If you really want to raise $5 million and donate to America it will do nothing. How about raising 5 Million and donating in Africa and feed kids dying of hunger. It is better than investing in education of US kids who are anyways pampered and spoiled by free school education, free transport and free meals.
#6 Maybe you should do a lottery of $5 million once collected and ask all Americans if they want to win it. You will get more media attention if that is your purpose.
Now coming to the point of raising 5 million. Forget it man. Desis and Chinese are very frugal. Unless they are in deep immigration problem they will not even give you $5.
Now tell me how you are going to get email addresses. That is really a big plan. I think you should get those email addresses and give it to IV. But how will you do it? There is no such list buddy.
arunkotte
07-19 10:00 AM
This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
May not be enitrely true. Medical report is part of the initial evidence now, so its better to send it with 485 application instead of relying on RFE. Also your wife is already in home country, she can get all the shots required there. best option is for her to prepone her travel if possible. yet another option is for you to go ahead and file yours first and add her later. Please check with your attorny about all these options.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
May not be enitrely true. Medical report is part of the initial evidence now, so its better to send it with 485 application instead of relying on RFE. Also your wife is already in home country, she can get all the shots required there. best option is for her to prepone her travel if possible. yet another option is for you to go ahead and file yours first and add her later. Please check with your attorny about all these options.
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redgreen
12-01 01:58 PM
Will they not update status when they send any FP notice? Even if one misses the letter, one will get an idea whether something happened or not. Or are you saying that they don't even change the status when they send FP notice and if it misses to reach us we never would be knowing at all??
Can anybody clarify whether they update at the online status system when they send FP notice. Otherwise there is some reason for a mild worry; still don't see any reason for the kind of anxiety people are having for not having FP.
Can anybody clarify whether they update at the online status system when they send FP notice. Otherwise there is some reason for a mild worry; still don't see any reason for the kind of anxiety people are having for not having FP.
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Legal
06-10 04:59 PM
I 100% agree with you about visa capture...
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
hopelessGC
04-13 05:27 PM
Well done
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paskal
06-24 03:58 PM
I was wondering if update is only available through state chapter? If so we are in blackhole,,, as many of us are not members of state chapter..
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
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gc_check
06-26 02:49 PM
Kinkos is horrible!!! I went there this morning and had to wait 40 minutes for my photos and when they came back they had a greenish tint and the colors were all washed out. They looked like a two year old photoshoped them :D Clearly they would have been rejected by immigration so I asked for my money back.
I then went to Sears and they did a great job. They have professional studio equipment and all it took was 5 minutes and I had all my copies looking great like they're supposed to.
So... Sears, highly recommended. They charged me $61 for two sets of 8 photos for me and my wife which is the same price as Kinkos or CVS & Walgreens, less the horrible amateurish quality.
I took the first set of photos in Walgreens, but the background was not clean although plain white.. they was a very light spot in center of the photo, although not obvious, when asked I was told thatz how the background screen is and all photos they take are the same and they showed me few samples. I was not happy and drove straight to Sears and the photo I took came out pretty good. Same or better than the samples in the link below
http://travel.state.gov/passport/guide/composition/composition_874.html
I recommend Sears too.
I then went to Sears and they did a great job. They have professional studio equipment and all it took was 5 minutes and I had all my copies looking great like they're supposed to.
So... Sears, highly recommended. They charged me $61 for two sets of 8 photos for me and my wife which is the same price as Kinkos or CVS & Walgreens, less the horrible amateurish quality.
I took the first set of photos in Walgreens, but the background was not clean although plain white.. they was a very light spot in center of the photo, although not obvious, when asked I was told thatz how the background screen is and all photos they take are the same and they showed me few samples. I was not happy and drove straight to Sears and the photo I took came out pretty good. Same or better than the samples in the link below
http://travel.state.gov/passport/guide/composition/composition_874.html
I recommend Sears too.
more...
sanjeev_2004
05-31 01:11 AM
Hi ,
I sent i140 papers and money in feb 2007 to my company. in april i went to india and came back in May. in May when i asked the recieved number of i 140 filing to my company then they told me to wait for 2 week and after 2 week when they gave me recpt number, i checked online i saw following message.
"
Current Status: Case received and pending.
On May 16, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. ..................
"
looks like my company sent paper to USCIS in may not in march or april. is that currect? is the USCIS receipt date is the i140 filing date and gc cut off date if CIR bill passes? please throw some light on this.
Thanks.
I sent i140 papers and money in feb 2007 to my company. in april i went to india and came back in May. in May when i asked the recieved number of i 140 filing to my company then they told me to wait for 2 week and after 2 week when they gave me recpt number, i checked online i saw following message.
"
Current Status: Case received and pending.
On May 16, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. ..................
"
looks like my company sent paper to USCIS in may not in march or april. is that currect? is the USCIS receipt date is the i140 filing date and gc cut off date if CIR bill passes? please throw some light on this.
Thanks.
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anilsal
12-21 11:50 PM
All the Junior members. You asked your question and made yourself known.
Can I ask a simple question? Have you contributed or planning to do? Even a simple $20 contribution will go a long way in helping IV(I know you are capable of contributing in excess of $20 because you earn well). Don't be shy. Use Paypal.
Can I ask a simple question? Have you contributed or planning to do? Even a simple $20 contribution will go a long way in helping IV(I know you are capable of contributing in excess of $20 because you earn well). Don't be shy. Use Paypal.
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pete
12-13 03:11 PM
What you are doing is something USICS must stop!! Its wrong to jump the line and unfair on others.
Thats all!!
Pete MD
EBE2
Thats all!!
Pete MD
EBE2
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rajs
12-27 12:31 AM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
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vbkris77
11-30 10:42 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
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gc_chahiye
12-18 08:11 PM
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
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jasguild
07-16 11:26 PM
Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
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gcformeornot
12-07 10:31 AM
please.
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Sheila Danzig
04-19 12:48 PM
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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sc3
05-13 07:33 PM
Please check with both Immigration attorney (for 485 withdrawal), and a divorce lawyer in India.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
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spajay
08-21 01:13 AM
EB2 India
PD - Aug 2004
I485 RD - July 24th 2007
I485 ND - August 20th 2007
No LUDs. Just keeping my fingers crossed.
PD - Aug 2004
I485 RD - July 24th 2007
I485 ND - August 20th 2007
No LUDs. Just keeping my fingers crossed.
qualified_trash
05-26 10:02 AM
Jaime,
It is easier for you to go to India if your company sends you there on an expat assignment. As the pool of available labor is very high, it is IMHO very difficult for you to go independently. You can also try to google for agencies that recruit people for specific skills etc that maybe in short supply in your specific industry. I am not sure what your skills are (IT, Sales, Marketing or Engineering etc). More information would let people give you better pointers.
It is easier for you to go to India if your company sends you there on an expat assignment. As the pool of available labor is very high, it is IMHO very difficult for you to go independently. You can also try to google for agencies that recruit people for specific skills etc that maybe in short supply in your specific industry. I am not sure what your skills are (IT, Sales, Marketing or Engineering etc). More information would let people give you better pointers.
gc_check
11-14 10:11 AM
AP is sent to the lawyer if you filed the G328
Not always true, I've filed G-28 in my case, but received the AP at my residence address. Have friends/colleagues who had received AP at the attorney address. So it is kinda random. No logic behind this.
It is important we get the document.
Not always true, I've filed G-28 in my case, but received the AP at my residence address. Have friends/colleagues who had received AP at the attorney address. So it is kinda random. No logic behind this.
It is important we get the document.
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