anilnag
11-30 01:43 PM
http://www.shusterman.com/
It says good news can come as early as end of this year. Thanks to all for bringing this to lawmaker's attention.
It says good news can come as early as end of this year. Thanks to all for bringing this to lawmaker's attention.
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arnab221
06-10 04:14 AM
I think there are people who have a labor pending from July 4th 1776 , so they might take the date back to July 4th 1776 when the US was formed and when the USCIS was established . However they will then not allow people living in the west coast and the then Confederate states to apply , only people living in the Union states will be eligible to apply .
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jasguild
07-17 11:02 AM
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
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GC08
07-07 08:39 PM
Glad that it caught some attention. However, from what I heard, it was not deep enough. Only a detailed replay of the event and other related issues can give people a real understanding how serious the problem is.
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myvoice23
07-20 07:27 AM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
nirav_patel
08-10 01:11 AM
me too.
EB2 PD - March 2004
I485 - RD - July 27 2007
EB2 PD - March 2004
I485 - RD - July 27 2007
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vin13
06-24 12:05 PM
Source
Immigration, back on the schedule, quietly - Ben Smith - POLITICO.com (http://www.politico.com/blogs/bensmith/0609/Immigration_back_on_the_schedule_quietly.html)
Immigration, back on the schedule, quietly
The oft-delayed White House immigration meeting is back on the schedule for tomorrow, and is expected to include congressional advocates of immigration reform from both parties.
Peter Wallsten wraps up Hispanic Democrats' frustration, but on balance, any mention of immigration continues to be, for now, a winning issue for Democrats, throwing salt into an open GOP wound.
Harry Reid says he has the votes for comprehensive reform, meanwhile, though the White House has downplayed the chances of getting it done � as Obama has pledged earlier � this year. An open question is whether Republicans have any ability to capitalize on that unfulfilled promise.
UPDATE: La Opinion prints a list of meeting participants including more Democrats and some Republicans, citing White House sources:
Senators: Robert Men�ndez, Patrick Leahy, Charles Schumer, John McCain, Mel Mart�nez, John Cornyn, Jeff Sessions.
House Members: Lamar Smith, Zoe Lofgren, Xavier Becerra,Howard Berman, Lincoln D�az-Balart, Luis Guti�rrez, Nydia Vel�zquez, Adam Putnam, Anthony Weiner.
Immigration, back on the schedule, quietly - Ben Smith - POLITICO.com (http://www.politico.com/blogs/bensmith/0609/Immigration_back_on_the_schedule_quietly.html)
Immigration, back on the schedule, quietly
The oft-delayed White House immigration meeting is back on the schedule for tomorrow, and is expected to include congressional advocates of immigration reform from both parties.
Peter Wallsten wraps up Hispanic Democrats' frustration, but on balance, any mention of immigration continues to be, for now, a winning issue for Democrats, throwing salt into an open GOP wound.
Harry Reid says he has the votes for comprehensive reform, meanwhile, though the White House has downplayed the chances of getting it done � as Obama has pledged earlier � this year. An open question is whether Republicans have any ability to capitalize on that unfulfilled promise.
UPDATE: La Opinion prints a list of meeting participants including more Democrats and some Republicans, citing White House sources:
Senators: Robert Men�ndez, Patrick Leahy, Charles Schumer, John McCain, Mel Mart�nez, John Cornyn, Jeff Sessions.
House Members: Lamar Smith, Zoe Lofgren, Xavier Becerra,Howard Berman, Lincoln D�az-Balart, Luis Guti�rrez, Nydia Vel�zquez, Adam Putnam, Anthony Weiner.
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hpandey
11-20 10:18 AM
I am waiting for GC for buying a house myself. I am sure there are many more people who think this way esp in this market.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
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shamu
01-12 11:00 AM
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rajuram
01-03 12:17 PM
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
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ngodisha
04-01 10:42 PM
Got done with sending both the faxes. I will also get a couple of my friends to do the same.
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mhathi
07-17 10:33 AM
FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
more...
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wahwah
06-05 10:28 AM
you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
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pady
08-20 04:01 PM
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
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kothari_rupesh
02-22 12:08 AM
FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
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user1205
02-20 05:27 PM
I have the same feeling. With the move to Jan 2005 and the new rule about namechecks I think the numbers will get used fast for ROW.
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
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rajakannan
06-27 10:08 AM
It is not workable option. How can you ask and convince your attorney to wait till the end of month and file. It is really foolishness and stupidity. If something happens, everybody will suffer. So, start sending whenever your docs are ready and good to go. Since we got a month, all filings will be distributed to whole month, and nobody or media cares. If they receive all on a particular one day, then it will be in news unnecessarily. Then, everybody starts hating GC applicants like the way it is happening for H1Bs because of mass filings on Apr 2nd 2007.
So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.
Happy filing.
There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.
Happy filing.
There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
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immi2006
06-07 11:52 AM
Hope you will pray for the best, unless the bill gets killed when you are back in the game.
It is like we are waiting for batting, when the umpire is declaring rains !!
It is like we are waiting for batting, when the umpire is declaring rains !!
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pappu
05-31 11:41 AM
I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
mallu
11-30 06:39 PM
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)
Meanwhile one of the comments to the blog , http://blogs.ilw.com/gregsiskind/2007/11/immigration-dai.html#comment-91879090
Meanwhile one of the comments to the blog , http://blogs.ilw.com/gregsiskind/2007/11/immigration-dai.html#comment-91879090
nozerd
12-25 09:34 AM
And are you doing anything to try and speed up your case since PD are current ?
My PD is before Oct 2001
My PD is before Oct 2001
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