rkg000
07-20 11:58 AM
Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.
Regarding you comment on action, many IV leaders are EB3.
I am not sure your point will be taken seriously by anyone with this kind of language. If you didn't mean to be taken seriously, then well... you are right on point. You all must have read the thread EB2-EB3 predictions. The thread is most popular for the very reason that members refrained from such language.
Coming to this thread, I empathize EB3 position. I guess I would feel the same if spillover was helping EB2 all along and recently changed to help another category. So, how do you get everyone to support any initiative that will surely hurt the other half.
Since Spillover rules are left to USCIS for interpretation, whatever way they interpret, it is sure to hurt one or the other category. So, why not concentrate on action items which unites us all, rather than dividing us, like VISA recapture, abolishing country quota, not using quota against dependents etc. Think about it.
Regarding you comment on action, many IV leaders are EB3.
I am not sure your point will be taken seriously by anyone with this kind of language. If you didn't mean to be taken seriously, then well... you are right on point. You all must have read the thread EB2-EB3 predictions. The thread is most popular for the very reason that members refrained from such language.
Coming to this thread, I empathize EB3 position. I guess I would feel the same if spillover was helping EB2 all along and recently changed to help another category. So, how do you get everyone to support any initiative that will surely hurt the other half.
Since Spillover rules are left to USCIS for interpretation, whatever way they interpret, it is sure to hurt one or the other category. So, why not concentrate on action items which unites us all, rather than dividing us, like VISA recapture, abolishing country quota, not using quota against dependents etc. Think about it.
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anotheroneonqueue
08-26 05:14 PM
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.
ragz4u
05-02 12:38 PM
I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.
I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though
believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree
I disagree with this too. Here are a few examples
1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
5) Sheer ignorance on the part of the beneficiary
I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though
believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree
I disagree with this too. Here are a few examples
1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
5) Sheer ignorance on the part of the beneficiary
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ItIsNotFunny
05-01 03:34 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
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chaukas
05-23 11:49 AM
Done. Sent to all .
gcspace
10-16 09:50 AM
Any one from July12 - 16th got their checks/receipts?
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arung
08-13 10:37 AM
I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
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saptaswara
05-09 09:54 PM
Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.
As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.
Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.
Thanks and regards!
Saptaswara
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dtekkedil
07-09 06:51 PM
Let me know if you have already mailed these people.
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MeraNaamJoker
08-21 10:48 AM
I think it is around 13 or 14...if they are under that, USCIS only takes a thumb print
I don't think there is a specific age where they will taken finger prints. Read my story.
My 15 yr old was the first to receive the notice. She was not in US at that time. I called the USCIS and informed them about this. They said they will postpone the appointment. But the postponement was only for 2 weeks. With the next notice I went to the local office. The security officer gave me a print out stating that I visited there for this reason. AND ACCORDING TO THAT NOTICE, FINGER PRINTING CAN BE DONE WITHIN 64 DAYS FROM THE ORIGINAL NOTICE. My child came back to US in 60 days and I took her to the local office walk in date. He got finger printed.
The very next week my 9 yr old got the notice. I took another appointment and next day I got a second finer printing notice for my elder one again. I took both of them to the local office and explained the situation. For my second child they did the finger printing and for my elder, they made a stamp on to the latest notice which was not at all clear.
Me and wife was never requested for a second finger printing. We all just got GREENED on August 6th.
I don't think there is a specific age where they will taken finger prints. Read my story.
My 15 yr old was the first to receive the notice. She was not in US at that time. I called the USCIS and informed them about this. They said they will postpone the appointment. But the postponement was only for 2 weeks. With the next notice I went to the local office. The security officer gave me a print out stating that I visited there for this reason. AND ACCORDING TO THAT NOTICE, FINGER PRINTING CAN BE DONE WITHIN 64 DAYS FROM THE ORIGINAL NOTICE. My child came back to US in 60 days and I took her to the local office walk in date. He got finger printed.
The very next week my 9 yr old got the notice. I took another appointment and next day I got a second finer printing notice for my elder one again. I took both of them to the local office and explained the situation. For my second child they did the finger printing and for my elder, they made a stamp on to the latest notice which was not at all clear.
Me and wife was never requested for a second finger printing. We all just got GREENED on August 6th.
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abhijitp
07-08 04:04 PM
No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
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raj2007
04-21 03:34 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.
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kasanski33
06-12 03:34 PM
Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.
Eb-3 Ind PD 07/02
Eb-3 Ind PD 07/02
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ushkand
09-04 03:07 PM
Just got my checks cashed for I-485. I did not apply for EAD or AP with my 485.
Btw.. I did not have my medical exam and used the wrong G-325 form but still got receipted. I hope the second application I sent in does not cause any issues. :(
Btw.. I did not have my medical exam and used the wrong G-325 form but still got receipted. I hope the second application I sent in does not cause any issues. :(
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intheyan
08-12 02:01 PM
What does ADIT processing means any idea is that we need to go to local USCIS office for the interview?
Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I posted it in a new thread but it is not appearing in the home page links
Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I posted it in a new thread but it is not appearing in the home page links
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samrat_bhargava_vihari
06-11 05:33 PM
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
bostonqa is right
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
bostonqa is right
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sparky_jones
08-29 08:42 AM
485 Package received at NSC on July 23
No receipts, no checks cashed
I-140 approved TSC June 2007
I-140 LUD 8/12/2007
EB3 - India
PD - 8/2003
No receipts, no checks cashed
I-140 approved TSC June 2007
I-140 LUD 8/12/2007
EB3 - India
PD - 8/2003
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dskhabra
03-27 09:30 AM
We landed in Canada (Rainbow Bridge, Niagara) last week. No questions asked by Canadian immigration regarding stay in US. On the way back (Rainbow Bridge) US IO did not ask anything about 485 or Canada PR.
We filed AOS in July 2007 and have valid H1 visa in the passports. But it all depends on your luck and we had some personal reasons to land in Canada and we took the risk.
We filed AOS in July 2007 and have valid H1 visa in the passports. But it all depends on your luck and we had some personal reasons to land in Canada and we took the risk.
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SunnySurya
08-18 02:06 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
shreekarthik
10-08 06:40 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
kumar1
11-21 02:46 PM
Few days ago, I saw this on TV - An American soldier died in Iraq leaving behind a 29 year old Polish wife and 6-month-old US citizen baby. Wife's paper (adjustment of status from K1->GC) was pending for 6 months or so with USCIS. When USCIS came to know about the death of that soldier (US citizen and I do not know how they came to know about it), they issued deportation order for his wife. Reason being, primary applicant is no more in this world so his dependent's application is null and void. She has been running from door to door with a baby in one arm and death letter of her husband with deportation order in the other arm. There is no one to listen to her. She lost her husband; she is going to lose her house and ability to stay in this country.
I absolutely hate to say this but Mehul, I think your wife will be better off in her home country. Please weight this option as well. My prayers are with you.
Mehul,
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
I absolutely hate to say this but Mehul, I think your wife will be better off in her home country. Please weight this option as well. My prayers are with you.
Mehul,
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
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