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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hopefull_in_guam
02-05 07:06 PM
Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
Lasantha
02-06 10:30 AM
Actually You have to PHYSICALLY present in Canda for 2 years in a 5 year period since the date landed.
You have to PHYSICALLY present in Canda for 3 years in a 5 year period since the date your became PR.
You have to PHYSICALLY present in Canda for 3 years in a 5 year period since the date your became PR.
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GC4ALL
07-21 01:53 PM
EAD Renewal eFiled date: 05/26/08
USCIS Received date: 6/6/08
LUD on : 6/11/08
FP date: 6/21/08
USCIS Received date: 6/6/08
LUD on : 6/11/08
FP date: 6/21/08
more...
geevikram
07-20 09:40 PM
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
bestia
12-16 10:19 PM
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
more...
mnkaushik
09-25 11:29 AM
I applied on July 23rd to NSC and today my lawyer sent me an email with scanned copy of all the receipts and they are from CSC.
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mrdelhiite
09-28 08:43 AM
FYI sent wife's application on August 11th .. reached NSC on 14th .. checks got chshed yesterday. Online status says application was picked on Sep 25th.
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
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omved
08-31 06:23 PM
Guys !! Enough of this multidirectional Indians...Should we start the thread for September Approval..Could someone please...
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gc28262
05-01 01:17 PM
How can an EB dependent file in Family category ?
For any one (dependent ) to qualify for filing GC, they have to qualify under one of the categories either family or EB.
Family category:
Applicant has to have a relation with a GC holder or a citizen. When primary EB applicant itself is in AOS status ( not GC) how can a spouse file in Family category ?
2 conditions need to be met for spouse to apply
1. Primary should be having his greencard.
2. PD should be current for the spouse in family category.
Typically condition 1 won't be met for an EB dependent spouse, so USCIS process them under EB category.
For any one (dependent ) to qualify for filing GC, they have to qualify under one of the categories either family or EB.
Family category:
Applicant has to have a relation with a GC holder or a citizen. When primary EB applicant itself is in AOS status ( not GC) how can a spouse file in Family category ?
2 conditions need to be met for spouse to apply
1. Primary should be having his greencard.
2. PD should be current for the spouse in family category.
Typically condition 1 won't be met for an EB dependent spouse, so USCIS process them under EB category.
more...
kumar1
01-31 07:59 PM
Desi3933 - Thank you for sharing this link. Now I totally believe it.
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
As promised before, now after looking at DOL web site, I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
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reddog
06-08 12:50 AM
Sent May 31st to arrive June 1st - no receipt number yet. My laywer said it will take about 10 days to get receipt...
noob question: your signature states a PD of 4/04 and EB3.
How can you file your I485 now?
Am i the only one not up to date?
noob question: your signature states a PD of 4/04 and EB3.
How can you file your I485 now?
Am i the only one not up to date?
more...
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pcs
03-08 07:11 AM
I strongly encourage you & your friends to do this.. I gurantee you... you will be less stressed & will no longer be helpless.
Remember.... you are not alone .... we are all with you in everyway....
Best of luck
Remember.... you are not alone .... we are all with you in everyway....
Best of luck
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Naveen
05-04 09:03 PM
thanks vbkris,
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
more...
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EndlessWait
04-16 12:07 PM
after filing 485. is it complicated?
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logiclife
07-07 02:23 PM
Yes, registering with the Police department of the city is a must. All they need (at least in San Jose) is your name, driver's license number etc. They will register it.
You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.
Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.
Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.
Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.
You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.
Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.
Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.
Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.
more...
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Jaime
06-26 05:10 PM
For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
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rsayed
08-25 02:06 PM
Happened to speak with someone at the TSC center, through the POJ method, re. my EAD.
She mentioned my case (details below) is with an IO and should be processed within the next 30 days.
EB-2-India
I-140 applied and approved - 2006
I-485 applied - Jul/2007
EAD (Renewal) applied - Jul 8th, 2008
Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
Elapsed time - 48 days!
She mentioned my case (details below) is with an IO and should be processed within the next 30 days.
EB-2-India
I-140 applied and approved - 2006
I-485 applied - Jul/2007
EAD (Renewal) applied - Jul 8th, 2008
Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
Elapsed time - 48 days!
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rc0878
08-29 08:15 AM
Application sent on July 19th to NSC and was recieved on July 20th. Checks not cashed yet, and ofcourse no receipt numbers yet.
fromnaija
11-18 10:17 AM
Done!
phillyag
08-25 08:49 AM
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
Thanks
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
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