immigrationvoice1
03-15 08:47 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
...completely
...completely
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manderson
12-11 02:42 PM
reply from a previous thread:
http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current (http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current)
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current (http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current)
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
tooclose
07-12 07:23 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Many congrats! This must be a huge relief to you and your dependents. Enjoy !!!
Many congrats! This must be a huge relief to you and your dependents. Enjoy !!!
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rajsand
09-26 11:36 AM
Sent a message to the editor.
Maybe we should let other news sites know about CNN's defaulting if they do not make corrections even after many requests!
Maybe we should let other news sites know about CNN's defaulting if they do not make corrections even after many requests!
more...
mdubbaka
03-17 02:37 PM
MY PD is Sep 2002. Filed in July 2007.
redddiv
07-17 06:46 AM
Shame on You for being liars,
Shame on being ignorant,
Shame on being Arrogant,
Shame on being uneducated,
Shame on being decendents of barbarians.
Shame should be your real name and ancestry.
God Bless you and give you good brains and good behaviour.
Shame on being ignorant,
Shame on being Arrogant,
Shame on being uneducated,
Shame on being decendents of barbarians.
Shame should be your real name and ancestry.
God Bless you and give you good brains and good behaviour.
more...
gc_chahiye
08-21 02:15 AM
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
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uma001
12-21 04:21 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Thats for those who are still in US. You have been put of US and reentered , so dont worry...Chill out
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Thats for those who are still in US. You have been put of US and reentered , so dont worry...Chill out
more...
eilsoe
03-04 02:16 PM
uuh... crap...
*goes to work on entry*
*goes to work on entry*
hair President Barack Obama is to
minicopter
01-08 08:36 PM
Guys,
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
more...
snathan
08-21 12:27 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I couldnt understand if you are coming under employment/family based green card or illegal. There is huge backlog and people are waiting around ten years to get the GC. So there is no point in blaming USCIS. You need to contact the top notch Immigration attorney asap. I dont think anyone here would be able to help you in your situation. DON'T waste your time here.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I couldnt understand if you are coming under employment/family based green card or illegal. There is huge backlog and people are waiting around ten years to get the GC. So there is no point in blaming USCIS. You need to contact the top notch Immigration attorney asap. I dont think anyone here would be able to help you in your situation. DON'T waste your time here.
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neverbefore
07-15 05:27 PM
My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.
Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.
Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?
Please enlighten. :confused:
Thanks and best regards.
Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.
Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?
Please enlighten. :confused:
Thanks and best regards.
more...
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nag2007
04-03 01:52 PM
Not yet Filed EAD. PD MARCH 2005
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mmanurker
07-28 11:59 AM
Now a days this has become a fashion to bash Hinduism and people take pride in doing so just to make a point to prove that they are very secular and far sighted and very broad minded but infact these are the people who are pseudo-secular and the reason for majority Hindus in our own country being held hostage by the policticians and the largest minority community in india.....
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
more...
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GCcomesoon
04-25 12:20 PM
Hi
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
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gc__aspirant
05-30 02:49 AM
Hi All,
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
more...
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gcnirvana
08-03 02:55 PM
abhijitp,
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
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retrohatao
02-15 05:00 PM
indi0617
Tried every thing:
1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
2. Contacted Congressman- nada
3. Contacted senetors - no help
4. E-mailed FBI- No reply
5. Faxed several letters- might have gone into trash bin
6. Sent snail mail. They have received it. Probably using the paper for various other uses.
That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.
You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care
Tried every thing:
1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
2. Contacted Congressman- nada
3. Contacted senetors - no help
4. E-mailed FBI- No reply
5. Faxed several letters- might have gone into trash bin
6. Sent snail mail. They have received it. Probably using the paper for various other uses.
That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.
You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care
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v7461558
07-17 11:23 AM
See? It works. Nothing like instant gratification!
Go after the lies one by one. We have the power to disassemble lies, because knowledge is power.
Anyone want to take on #3?
After a while, they'll get tired and take the whole thing down. Whatever other methods of propagating lies they try, we have the power to expose them. And, the laws are on our side.
Go after the lies one by one. We have the power to disassemble lies, because knowledge is power.
Anyone want to take on #3?
After a while, they'll get tired and take the whole thing down. Whatever other methods of propagating lies they try, we have the power to expose them. And, the laws are on our side.
ramus
07-02 10:44 PM
100 more from tapukakababa
Accept my $100 contribution towards USCIS lawsuit done by AILA.
Accept my $100 contribution towards USCIS lawsuit done by AILA.
srkamath
07-13 12:27 PM
But where are we getting these numbers like say 20k visas are available for EB2..
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
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