visshy
07-15 07:44 PM
registering myself
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ss_col
04-04 01:34 PM
There is nothing wrong with anyone getting a green card but the process should be fair. There is nothing fair about getting GC within 6 months while people are waiting in line for 6- 8 years. All those who are getting in 6 months - good for them but the system should address it fairly. Its high time they look into it specially with retrogession coming into the picture.
hpandey
05-23 09:04 AM
If you are on H1 and switch to another H1- you do not need to worry about Cap
If you are on H1 and switch to EAD- you have relinquished your H1.Whenever you wish to resume your H1- at that time you will go against the Cap.
Hope this clarifies
What about if one comes back on AP and hence has to use EAD but also has a valid H1 approval ( but no stamping in the passport ) . Can they go back and use that H1 approval for stamping and come back on H1 ? They are still working for the same company which sponsered the H1 and the GC
If you are on H1 and switch to EAD- you have relinquished your H1.Whenever you wish to resume your H1- at that time you will go against the Cap.
Hope this clarifies
What about if one comes back on AP and hence has to use EAD but also has a valid H1 approval ( but no stamping in the passport ) . Can they go back and use that H1 approval for stamping and come back on H1 ? They are still working for the same company which sponsered the H1 and the GC
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cygent
07-28 02:08 PM
mean NOTHING.
of course NOT! It's still stuck on April 16th.
The dates are a joke.
Seems like they are just a diversion. to keep our minds occupied so we don't bother them with the real issue at hand. I can only say that whoever devised this system is a genius, albeit an wicked one.
of course NOT! It's still stuck on April 16th.
The dates are a joke.
Seems like they are just a diversion. to keep our minds occupied so we don't bother them with the real issue at hand. I can only say that whoever devised this system is a genius, albeit an wicked one.
more...
VASU
04-28 10:16 PM
I am in the same boat, my LC and I-140 both approved . But employer not ready to share the copy of I-140. Is there any way to get the copy I-140.
---------------------------------------------------------
LC EB3-June 2004
Contribution $200
---------------------------------------------------------
LC EB3-June 2004
Contribution $200
nuke
01-03 02:58 PM
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
more...
telekinesis
05-15 04:26 PM
Sure.
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andy garcia
01-22 02:33 PM
nixstor;
In this link How Do I Use the Premium Processing Service?
(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) there is the following information:
In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.
In this link How Do I Use the Premium Processing Service?
(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) there is the following information:
In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.
more...
vbkris77
08-20 03:13 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
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cyclone_p
07-21 10:20 AM
Was e-Filed a month back. Waiting for the fingerprint notices. EAD expiring in 20 days so will probably have to be on a "loss of pay" for about a month.
more...
chintainfogc
08-31 04:04 PM
I am in the same boat, My I-485 was approved on Aug 5th, so far no cards received.
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
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styrum
05-29 12:24 PM
We all know why! America decided it's smarter than anybody else: "Hey, let's let new people into the country and then exploit them for as long as possible! Well, we gotta give them some hope that that some day they would have the same rights as everybody else, but who said we need to keep the promise? There are so many ways not to: overcomplicated "process", quotas on Green Cards, processing delays, no fixed, mandatory processing times, etc." Once you realize the main goal of the immigration policy - to create permanent underclasses whom America can discriminate and exploit, everything that happened in the immigration history of USA, especially recently, becomes very logical. Unfortunately, it's a long time tradition in US to exploit and discriminate "recent" immigrants. Remember "No Irish need to apply"? How about the Chinese workers who built the transcontinental railroad and then were lynched and Chinese were effectively banned from immigrating to US for the next 70 years (see shusterman.com for more historic examples).
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pappu
04-03 10:30 AM
http://immigrationvoice.org/forum/showthread.php?t=24795
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Update: April 13,2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Update: April 13,2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
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deafTunes123
08-28 09:48 AM
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
more...
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eb3_nepa
12-10 09:27 AM
Ok I think we are reaching new heights of RIDICULOUS here. An IV member has asked a SIMPLE question about whether or not an Indian citizen needs a visa for the Bahamas.
Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?
Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?
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indyanguy
08-19 11:28 AM
OP - If you have a cooperative employer, I would say go for it. Given the rate at which EB2-I is progressing, you will get GC much sooner although the PERM process for EB2 may take a long time. Assuming you get an audit on your PERM, even if the entire process takes 1.5 years, you can get your 140 in PP and once your PD is ported, you are current. Even if the entire process takes 2 years (worst case), it's worth the effort. EB3-I will move at a very slow pace. As others suggested, you wont see significant movement till EB2-I is current.
Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.
I'd say go for it. Good luck!
Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.
I'd say go for it. Good luck!
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somegchuh
08-07 03:20 PM
On papaer it sounds like a very good idea. I have canadian PR and I was also very tempted when I read this. But here are some disadvantages:
1. Windsor is a small place so hard for wife to find a job there.
2. Schools may not be the same quality as Toronto.
3. You might be putting your career in holding mode for another 1-2 years whereas you could do a much better job in Toronto.
Basically, my point is in order to try to wait for GC for another 1-2 years, you might have to compromise with your job/wife's job/kids education. I am at a point where I don't want to compromise with any of these if I move to canada. I want to make full use of the freedom of having a PR (take up whatever job/start a business/have wife take up whatever job/good school for kids etc)
I really depends on your situation, by what date do u need to move to canada to retain the PR and what stage of GC process are you in?
I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).
1. Windsor is a small place so hard for wife to find a job there.
2. Schools may not be the same quality as Toronto.
3. You might be putting your career in holding mode for another 1-2 years whereas you could do a much better job in Toronto.
Basically, my point is in order to try to wait for GC for another 1-2 years, you might have to compromise with your job/wife's job/kids education. I am at a point where I don't want to compromise with any of these if I move to canada. I want to make full use of the freedom of having a PR (take up whatever job/start a business/have wife take up whatever job/good school for kids etc)
I really depends on your situation, by what date do u need to move to canada to retain the PR and what stage of GC process are you in?
I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).
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dilbert_cal
10-08 11:48 AM
From Murthy.com
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
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va_labor2002
06-22 03:55 PM
I agree .. this should be tried. I do not know heard about this minister before,
my apologies but by title of Ministry he seems to be a appropriate to apprach
for help.
The Ministry of Overseas Indian Affairs is headed by Vayalar Ravi, who has the rank of a Cabinet Minister. On the administrative side, a Secretary to the Government of India heads the Ministry.
Presently, the Ministry is organized into three functional divisions and three functional units. Of the three Divisions, two are headed by Joint Secretaries. They are the Diaspora Services Division and the Financial Services Division.
The Protector General of Emigrants (PGoE) heads the Overseas Employment Services Division. The Social Services Unit and the Management Services Unit are staffed with officers of the rank of Deputy Secretary. The Information Services Unit is headed by the Senior Technical Director (NIC).
Check out their site;
http://www.overseasindian.in/
Ministry of Overseas Indian Affairs
9th Floor, Akbar Bhawan, Chankya Puri
New Delhi - 110 021, India
Phone Number: +91(11) 2419 7900
Email: contact@overseasindian.in
Indian Embassy in Washington DC
-------------------------------
Chancery
2107 Massachusetts Avenue, NW
Washington, DC 20008
USA - 20008
Telephone: (202) 939-7000
Fax: (202) 265-4351
Embassy Hours: 930 AM - 600 PM
Mr Vayalar Ravi is a good politician. He is very reasonable and educated person from Kerala. He was a lawyer by profession. He can understand our problems !
my apologies but by title of Ministry he seems to be a appropriate to apprach
for help.
The Ministry of Overseas Indian Affairs is headed by Vayalar Ravi, who has the rank of a Cabinet Minister. On the administrative side, a Secretary to the Government of India heads the Ministry.
Presently, the Ministry is organized into three functional divisions and three functional units. Of the three Divisions, two are headed by Joint Secretaries. They are the Diaspora Services Division and the Financial Services Division.
The Protector General of Emigrants (PGoE) heads the Overseas Employment Services Division. The Social Services Unit and the Management Services Unit are staffed with officers of the rank of Deputy Secretary. The Information Services Unit is headed by the Senior Technical Director (NIC).
Check out their site;
http://www.overseasindian.in/
Ministry of Overseas Indian Affairs
9th Floor, Akbar Bhawan, Chankya Puri
New Delhi - 110 021, India
Phone Number: +91(11) 2419 7900
Email: contact@overseasindian.in
Indian Embassy in Washington DC
-------------------------------
Chancery
2107 Massachusetts Avenue, NW
Washington, DC 20008
USA - 20008
Telephone: (202) 939-7000
Fax: (202) 265-4351
Embassy Hours: 930 AM - 600 PM
Mr Vayalar Ravi is a good politician. He is very reasonable and educated person from Kerala. He was a lawyer by profession. He can understand our problems !
WAIT_FOR_EVER_GC
05-12 06:16 PM
Can any expert say what will be the cutoff date after the spill over for EB2.
bugsbunny
04-11 12:39 PM
How much money you have donated?
This knee-jerk response to question the questioner is not needed.
Whether he/she has donated or not ...is not important.
Everyone who has contributed towards IV and/or intends to contribute towards IV will ask this question. It is not intended to insult or to question the laborious work done by IV. I am hoping more people realize this.
The answer to your question is that IV will not discuss the details of their expenses in public forums. I am not quite sure if its discussed in the donor forums.
However i think a general idea about what the expenses are is as follows.
These are my guesses : (IV Core please feel free to add/remove items to this list)
Ongoing Expenses: Maintaining this website, phone for IV, paying for reputed lobbying consultants, paying for attorneys to pursue important issues in court.
Advocacy Events: renting out hotel suites, possibly paying for lawmakers expenses to attend, advocacy packets for lawmakers, helping members with expenses to fly to DC and meet lawmakers, other miscellaneous expenses stationary/food etc
Please understand that this is an all volunteer based organization and there are no absolutely defined positions/roles played out by members. Members join and help out in areas where help is needed.
This knee-jerk response to question the questioner is not needed.
Whether he/she has donated or not ...is not important.
Everyone who has contributed towards IV and/or intends to contribute towards IV will ask this question. It is not intended to insult or to question the laborious work done by IV. I am hoping more people realize this.
The answer to your question is that IV will not discuss the details of their expenses in public forums. I am not quite sure if its discussed in the donor forums.
However i think a general idea about what the expenses are is as follows.
These are my guesses : (IV Core please feel free to add/remove items to this list)
Ongoing Expenses: Maintaining this website, phone for IV, paying for reputed lobbying consultants, paying for attorneys to pursue important issues in court.
Advocacy Events: renting out hotel suites, possibly paying for lawmakers expenses to attend, advocacy packets for lawmakers, helping members with expenses to fly to DC and meet lawmakers, other miscellaneous expenses stationary/food etc
Please understand that this is an all volunteer based organization and there are no absolutely defined positions/roles played out by members. Members join and help out in areas where help is needed.