stuckinretro
09-02 03:37 PM
Applied: July'23rd 08
RD: July'23rd 08
AD: Sep'02 08 CPO email
RD: July'23rd 08
AD: Sep'02 08 CPO email
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ita
02-09 02:07 PM
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newbie2020
05-07 02:18 PM
USCIS case predictions made easier.... :)
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Also check out their Application Processing Statistics
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http://www.immigrationwatch.com/immi_predict_form.jsp
Also check out their Application Processing Statistics
http://www.immigrationwatch.com/uscis-processing-statistics.html
Recent Approvals Etc..
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rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
more...
PDOCT05
10-16 05:12 PM
i called uscis and they gave me the rns for ead and 485. but not for ap. they didn't provide any rns for my spouse as not present in the call. checked the money orders at bank...it was not cashed yet....anyone similar!:confused:
We had similar problem...my son checks were not cashed. Called USCIS and got RN.But the case is rejected...waiting for actual notice to resubmit.
We had similar problem...my son checks were not cashed. Called USCIS and got RN.But the case is rejected...waiting for actual notice to resubmit.
ilikekilo
04-30 01:06 PM
H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.
Yo H1tech, u r too fast, I was just gonna say that...yes I believe that quote was too large...
Yo H1tech, u r too fast, I was just gonna say that...yes I believe that quote was too large...
more...
gcwait2007
02-04 09:05 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
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diptam
06-22 07:19 PM
You have a good suggestion but signing a BOND would be the last option..
I'm already paying for 485 fees - 395 + 350(med) + 170 + 180 almost $1100
I can't afford to hire a lawyer - how much they charge ?
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
I'm already paying for 485 fees - 395 + 350(med) + 170 + 180 almost $1100
I can't afford to hire a lawyer - how much they charge ?
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
more...
Santosh_gc
06-26 03:07 PM
stuck labor:
I have an argument against what you said about my comment on corruption. There is a logicall fallacy in your rebuttal to my statements.
But my reply wont contribute in any way to IVs core goals and will create a distraction. So I am going to refrain from posting anything regarding that and the ongoing argument about racism.
Santosh
I have an argument against what you said about my comment on corruption. There is a logicall fallacy in your rebuttal to my statements.
But my reply wont contribute in any way to IVs core goals and will create a distraction. So I am going to refrain from posting anything regarding that and the ongoing argument about racism.
Santosh
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another_wei
08-26 03:46 PM
As it starts with Axxx, I think it should be Alien Number.
Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.
Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.
more...
priti8888
10-08 08:34 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.
Well said !
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.
Well said !
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jsb
10-30 02:11 PM
My current employer is not willing to provide copy of I-140. I got EAD in 2nd week of October 2007. Can I change job using AC21 without copy of I-140 from current employer. What are the documents I need to change job using AC 21? Thanks in advance for your replies
Who filed your AOS? Your I-485 filing has to include an approved copy of I-140 and LC. Since I-485 is your filing, you can ask the attorney to give you a full copy of the filing (including I-140 and LC).
Who filed your AOS? Your I-485 filing has to include an approved copy of I-140 and LC. Since I-485 is your filing, you can ask the attorney to give you a full copy of the filing (including I-140 and LC).
more...
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pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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ashwaghoshk
11-17 03:07 PM
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
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delhiguy79
08-12 06:18 PM
As I mentioned earlier I have to land in Canada, now I am thinking of using AVR. My expired H1B was from Company A then I shifted to company B. I now have H1B extension and valid I-94 from company B.
Can I still use AVR? I didn't find the answer, anybody who used AVR(similar scenario like mine) can u plz reply....
Thanks in advance.
Can I still use AVR? I didn't find the answer, anybody who used AVR(similar scenario like mine) can u plz reply....
Thanks in advance.
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sankap
07-10 06:27 PM
Chandu,
I've no problems you or anybody else challenging me--we're all (mostly) scientists/engineers here, so making assumptions based on observations, and challenging them, should be the first step toward creating a hypothesis (http://en.wikipedia.org/wiki/Scientific_method). But science seeks evidence for those assumptions. Staying clear of traps like fallacies (http://en.wikipedia.org/wiki/Fallacy) should help.
Ok, i am not challenging you or your interpretations. I am looking into all options.
I've no problems you or anybody else challenging me--we're all (mostly) scientists/engineers here, so making assumptions based on observations, and challenging them, should be the first step toward creating a hypothesis (http://en.wikipedia.org/wiki/Scientific_method). But science seeks evidence for those assumptions. Staying clear of traps like fallacies (http://en.wikipedia.org/wiki/Fallacy) should help.
Ok, i am not challenging you or your interpretations. I am looking into all options.
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h1bmajdoor
09-30 01:00 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.
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quiquincho
03-06 06:22 PM
You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
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02-17 12:29 PM
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mirage
03-08 05:09 PM
I don't find anything wrong with that, there are more important social issues than spending time on greencard seeker forums......Atleast 1 attorney who explained it elaborately was Ron Gotcher, you can check on his website for that info...
That is many peoples problems isn't it? They are active on forums, care about greencards, keep abreast on legislative stuff and then once they get greencard they disappear.
If someone is from USA and they go to your country and live there for five years; they do not have historical context of why things are done the way they are done; no matter how long they research it.
We'll see when statistics come out. Which lawyers by the way say their interpretation is 180 degrees different?
How much visas did India get for the period October 1, 2004 to September 2005 (off the top of my head it was 50,000)
From October 2005 to September 2006 (it was around 10,500)
For the period October 2006 to September 2007 (someone want tofind it; it was more then 7%)
October 2007 to September 2008 (to be determined)
Department of State has been all over the place by changing their interpretation? btw; I doubt with visa movements the way they are that they are establishing country quota of 7%. If they were then that would mean there is only 2,800 people including dependents waiting for greencard in eb2 prior to April 2004.
That is many peoples problems isn't it? They are active on forums, care about greencards, keep abreast on legislative stuff and then once they get greencard they disappear.
If someone is from USA and they go to your country and live there for five years; they do not have historical context of why things are done the way they are done; no matter how long they research it.
We'll see when statistics come out. Which lawyers by the way say their interpretation is 180 degrees different?
How much visas did India get for the period October 1, 2004 to September 2005 (off the top of my head it was 50,000)
From October 2005 to September 2006 (it was around 10,500)
For the period October 2006 to September 2007 (someone want tofind it; it was more then 7%)
October 2007 to September 2008 (to be determined)
Department of State has been all over the place by changing their interpretation? btw; I doubt with visa movements the way they are that they are establishing country quota of 7%. If they were then that would mean there is only 2,800 people including dependents waiting for greencard in eb2 prior to April 2004.
lotres
11-21 03:29 PM
Dear Mehul,
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
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