sasidhar79
11-03 01:05 PM
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
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GC_SUCK
07-19 02:29 PM
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
You are still with in 180 days window of being out of status.
You are still with in 180 days window of being out of status.
wandmaker
07-25 11:43 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
(1) GC, (2) Career and (3) Life are three different things -
(1) Don't expect GC to in your mail box next week or in 6 months or in 12 months.
(2) You can not pursue your career to higher level because roles and responsibilities are tied to it, nothing can be done.
(3) Life is in your control, do ac21 and move on with your day to day life. (1) & (2) will fall into your hands someday.
(1) GC, (2) Career and (3) Life are three different things -
(1) Don't expect GC to in your mail box next week or in 6 months or in 12 months.
(2) You can not pursue your career to higher level because roles and responsibilities are tied to it, nothing can be done.
(3) Life is in your control, do ac21 and move on with your day to day life. (1) & (2) will fall into your hands someday.
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rolrblade
07-19 11:06 AM
Preponing visa interview without very valid reason cud be harmful. u never know, if they catch ur wife telling a lie then ull be walking on thin ice.
I disagree with this statement. Your most compelling argument of preponing your visa interview is that they have opened slots which were not earlier available and you would like to finish this process and keep some time incase some additional documentation was required, you would have the time to get it. Also, there is NO RULE that says you cannot prepone appointment.
Also, I suggested you get a fresh appointment at Mumbai (your original appointment was in Chennai - correct?)
I disagree with this statement. Your most compelling argument of preponing your visa interview is that they have opened slots which were not earlier available and you would like to finish this process and keep some time incase some additional documentation was required, you would have the time to get it. Also, there is NO RULE that says you cannot prepone appointment.
Also, I suggested you get a fresh appointment at Mumbai (your original appointment was in Chennai - correct?)
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sandy_77
05-09 07:36 AM
I would like to request all the senior members at IV to help us with these questions:
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
payur
06-27 08:15 AM
You seem to have got your case approved and you have filed your wife's I485, correct me if I am wrong.
What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.
How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.
What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.
How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.
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gc28262
03-11 10:20 PM
Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
Are any of these happening with you ? If so report to USCIS.
If not, why do you assume it happens with others.
Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?
I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.
Don't be so selfish.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
Are any of these happening with you ? If so report to USCIS.
If not, why do you assume it happens with others.
Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?
I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.
Don't be so selfish.
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freeindia
06-20 08:20 PM
I strongly support this campaign.
Also, I would check with my friends about their support.
Would it be a good idea to mention the costs/efforts involved in this visa stamping tours.
Especially, all dependents including infants/kids need to go either to canada or India forcing to loose 3-4 days of vacation.
Neither of party's ( US gov nor Visa aspirants) are gaining any benefit.
Also, I would check with my friends about their support.
Would it be a good idea to mention the costs/efforts involved in this visa stamping tours.
Especially, all dependents including infants/kids need to go either to canada or India forcing to loose 3-4 days of vacation.
Neither of party's ( US gov nor Visa aspirants) are gaining any benefit.
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eb3retro
04-12 11:48 AM
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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chanduv23
06-20 02:23 PM
My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.
In general they are inclusive ie 485 + EAD + AP for primary is $1000 and for additional is $500 which is a standard.
In general they are inclusive ie 485 + EAD + AP for primary is $1000 and for additional is $500 which is a standard.
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Brightsider
08-30 09:31 AM
Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
You can apply and get admission in private college, which of course cost much more.
Also, we were not able to take any federal loans.
You may like to talk to the admissions office of the universities. Last year when my daughter was applying for college, we had to go around and talk to them. Took an appointment and explained the case.
We had asked only about admissions, resigned to the idea of paying out-of-state tuition. However, this counsellor got in touch with me, once the admission was confirmed, and suggested that I go to the bursar's office for tuition issues. And, there we got the great news that they had changed the rules in 2007, and that AOS candidates qualified for in-state tuition. Later we were able to get the same benefit for my elder daughter who was a senior in another state college.
Imagine the relief of having to pay in-state after coughing up out-of-state tuition for three years. This happened in Georgia.
So, to cut a long story short, yes you can be treated as in-state students for admission and tuition purposes. It only needs you to do some research and interacting with the offices. And of course, meeting some good persons. Incidentally, most of the counselors are great.
You can apply and get admission in private college, which of course cost much more.
Also, we were not able to take any federal loans.
You may like to talk to the admissions office of the universities. Last year when my daughter was applying for college, we had to go around and talk to them. Took an appointment and explained the case.
We had asked only about admissions, resigned to the idea of paying out-of-state tuition. However, this counsellor got in touch with me, once the admission was confirmed, and suggested that I go to the bursar's office for tuition issues. And, there we got the great news that they had changed the rules in 2007, and that AOS candidates qualified for in-state tuition. Later we were able to get the same benefit for my elder daughter who was a senior in another state college.
Imagine the relief of having to pay in-state after coughing up out-of-state tuition for three years. This happened in Georgia.
So, to cut a long story short, yes you can be treated as in-state students for admission and tuition purposes. It only needs you to do some research and interacting with the offices. And of course, meeting some good persons. Incidentally, most of the counselors are great.
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franklin
04-17 07:52 PM
I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..
It does sound promising, unless you are still stuck in the BECs... Then, not so
It does sound promising, unless you are still stuck in the BECs... Then, not so
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greensignal
11-10 11:13 AM
Yes. I did check with me lawyer. She didn't receive yet.
Ok. Try this:
If you have created a login as customer in USCIS website at @ https://egov.uscis.gov/cris/jsps/index.jsp.
As soon as you log in you can see the last updated date of your case.
You may atleast know if something changed on your cases internally based on this LUD
Good Luck.
Ok. Try this:
If you have created a login as customer in USCIS website at @ https://egov.uscis.gov/cris/jsps/index.jsp.
As soon as you log in you can see the last updated date of your case.
You may atleast know if something changed on your cases internally based on this LUD
Good Luck.
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indyanguy
12-19 09:10 AM
filing of MTR does not give you status, once they accept it, yes you are in status again.
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
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bidhanc
12-22 03:29 PM
Sorry partner, I was just sharing info.
Did not mean to imply you were wrong in any way. :-)
I merely posted what was on their website. Don't shoot the messenger....
Did not mean to imply you were wrong in any way. :-)
I merely posted what was on their website. Don't shoot the messenger....
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techysingh
01-17 04:24 PM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
can you send me a copy of what you wrote so i can also do the same!
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
can you send me a copy of what you wrote so i can also do the same!
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delax
08-06 01:02 PM
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gc4me
04-16 12:10 PM
Unexpected big jump for EB3 ROW. But I will take it. :D
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
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Brightsider
11-25 04:55 PM
Commendable Job!!!
Please accept my compliments, Pappu and the team.
My suggestions for your meeting with USCIS:-
1. In the interest of transparency, let them also publish data about monthly filings in each of the EB categories. It will reduce uncertainty further.
2. Provide separate numbers for family-based and employment-based cases in their monthly progress reports. To a large extent, this can be obviated by regularly updating the pendency figures published in Sept 09.
3. Include the CP data in the same report along with I-485 data. Becomes easier to compile the big picture and analyze it.
Now, since we dont have any academic interest in the subject,
4. Press the case for recapture of lost visas
5. Have quarterly spillover. Implementation of suggestion (1) will be an enabling factor.
:):):)
Please accept my compliments, Pappu and the team.
My suggestions for your meeting with USCIS:-
1. In the interest of transparency, let them also publish data about monthly filings in each of the EB categories. It will reduce uncertainty further.
2. Provide separate numbers for family-based and employment-based cases in their monthly progress reports. To a large extent, this can be obviated by regularly updating the pendency figures published in Sept 09.
3. Include the CP data in the same report along with I-485 data. Becomes easier to compile the big picture and analyze it.
Now, since we dont have any academic interest in the subject,
4. Press the case for recapture of lost visas
5. Have quarterly spillover. Implementation of suggestion (1) will be an enabling factor.
:):):)
anandrajesh
01-31 10:18 PM
bonded labor?
Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system
Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system
IneedAllGreen
01-31 03:54 PM
Folks,
I guess from this link/pdf people will get hint on where USCIS will use new fees money.
http://www.uscis.gov/files/pressrelease/PRBuilding1.pdf
Thanks
INeedAllGreen
I guess from this link/pdf people will get hint on where USCIS will use new fees money.
http://www.uscis.gov/files/pressrelease/PRBuilding1.pdf
Thanks
INeedAllGreen