ita
01-23 08:30 PM
Suggestions.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
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alterego
10-09 05:57 AM
Another example of how this issue has now so clearly become a political hot potato in this country.
alex77
10-08 02:12 PM
Thanks. Any response/LUD on your 485 after your letter to confirm they did revoke G28?
I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.
Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.
Look for my previous post related to this and you will find the sample letter as well.
I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.
Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.
Look for my previous post related to this and you will find the sample letter as well.
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shyamiv
08-13 11:45 AM
USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.
The US Department of State Bureau of Consular Affairs issues a US passport to eligible citizens. Applying for passport and issuance is not a USCIS affair and hence is a lot faster i would say a month or less at most ! Had it been a USCIS affair.... most americans will still be tracking their passport case status online ! :)
The US Department of State Bureau of Consular Affairs issues a US passport to eligible citizens. Applying for passport and issuance is not a USCIS affair and hence is a lot faster i would say a month or less at most ! Had it been a USCIS affair.... most americans will still be tracking their passport case status online ! :)
more...
number30
02-26 10:13 PM
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.
krishmunn
01-04 11:18 AM
. H4 dependents under certain circumstances are eligible for instate tuition.
Only in some state. Most states do not allow in-state tuition to H1/H4/L1/L2 holders.
Only in some state. Most states do not allow in-state tuition to H1/H4/L1/L2 holders.
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FinalGC
05-01 11:05 AM
singhsa3:
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
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REDS
01-01 12:29 AM
Opened SR got a response letter informin that my case is within the "6months" window frame @ TSC so i guess I should see an FP notice by March 11 '08., Am a july 17 filer @ TSC, RD is Sep 11 and got EAD and AP long time back.
more...
nashorn
08-12 03:14 PM
Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
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MSCapBust
07-20 06:41 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
more...
Aah_GC
06-10 03:33 PM
A bit corny - but a good intention! At some level the message should not be misconstrued. If you really do want your GC real quick, do all you can. All actions toward a genuine cause have their own proportional returns, at unexpected times.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
Between, called up 5 congressmen/ women today..
Ok..So now that I have your attention, I can say how I feel about our top priority right now.
Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.
For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387
I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.
But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.
I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?
I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).
IV has united us. Now lets show the strength of our unity.
Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.
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aadimanav
11-01 09:40 PM
Hello experts,
Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?
* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.
* Is this not good because it doesn't help EB2 and EB1?
* Some other reason
Please educate and comment.
Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?
* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.
* Is this not good because it doesn't help EB2 and EB1?
* Some other reason
Please educate and comment.
more...
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brb2
03-26 08:58 PM
The worst thing about TOI is that they routinely censor out on-line posts which are critical of their article/opinion. Since then I have stopped posting anything on TOI. On-line editors seem to be control freaks.
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laksmi
12-19 11:35 PM
It should not take more then 3 months from date of SSN Requested.
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Michael chertoff
08-19 10:16 AM
Admin/Moderators and other distinguish members,
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
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vbkris77
04-04 11:09 AM
Can pls add poll to this by month. We atleast know 3 cases..
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sushilup
08-22 10:37 AM
Hello Guys,
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
I refresh this site lot of time and I know many more do the same. Probably it brings u closer to GC:)
I know many people put money in stocks...we might start sharing our views and make some money with GC...that will wooooooooooooooooooow:D
What other people think?
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logiclife
02-05 05:04 PM
This article has an overall competitiveness argument saying that the American Competitiveness is not under a threat.
The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.
I am going to discredit one argument in his article:
He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.
More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.
That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.
The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.
Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.
The full article was published recently on all major media outlets including CNN, MSNBC and USA today.
http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/
http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm
The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.
I am going to discredit one argument in his article:
He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.
More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.
That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.
The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.
Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.
The full article was published recently on all major media outlets including CNN, MSNBC and USA today.
http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/
http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm
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sargon
01-26 12:09 PM
Who deleted it?
paskal
03-15 06:17 PM
The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.
As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....
After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.
As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....
hbk
04-22 03:33 PM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
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