needhelp!
09-10 03:30 PM
prasad_nsvd@yahoo.com, akr_roy, vinod_gvk, spce94mech, subujee, babu123, leo2606
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QuestGC
01-06 01:19 PM
Here is one more on NPR.org
http://www.npr.org/templates/story/story.php?storyId=9910492
http://www.cggc.duke.edu/pdfs/051606_Testimony_of_Vivek_Wadhwa.pdf
The key is "Cost" That is what is driving to India and nothing else... according to Vivek Wadhwa :)
That also is towards fag end in my view because of weak dollar and macro economic conditions...
For gods sake, lets not put any country/individual down, but take everything with a pinch of salt.
Each one is capable of getting the job done for which one is born provided he/she works to his potential.
http://www.npr.org/templates/story/story.php?storyId=9910492
http://www.cggc.duke.edu/pdfs/051606_Testimony_of_Vivek_Wadhwa.pdf
The key is "Cost" That is what is driving to India and nothing else... according to Vivek Wadhwa :)
That also is towards fag end in my view because of weak dollar and macro economic conditions...
For gods sake, lets not put any country/individual down, but take everything with a pinch of salt.
Each one is capable of getting the job done for which one is born provided he/she works to his potential.
sanju_dba
08-12 02:40 PM
if the 2k fee is passed over to H1 employee, then , her/his quality of life is further compromised to degrad ( in this economy as pay hike is tough ). That means more cheap labor and more competition to locals ( if thats how senator see h1 are low paid than locals )
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MahaBharatGC
09-27 08:54 AM
Arrived before the Millennium: Dec 1999
Started GC processing in 2003 finally filed in March/Apr 2004.
2007 lucky fiasco gave me and my wife chance on EAD.
Still counting....:confused:
Started GC processing in 2003 finally filed in March/Apr 2004.
2007 lucky fiasco gave me and my wife chance on EAD.
Still counting....:confused:
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milind70
04-13 11:05 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I think i saw a query similar to one you have posted but as far as I know,it is the other way around.DMV will ask you legal proof the USCIS approved petition to limit the duration of your DL or photo id till the expiry of your approved petition.These changes came in effect after 9/11 .I had a Cal DL issued in 2000 expiring in 2005 i had changed from Cal DL to VA DL in 2004. They issued me DL upto 2010 ,just last year (2006) my wife went to get photo ID she was asked two identifcation ID ,proof of legal status and proof of residence. After a few hassles she was given a photo id till Feb 2008 when her H4 expires. Frankly I see no dependency of DL duration to the extension duration. It is quite possible DL is another form of ID issued by a State authority and proved you residency. Thats my take.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I think i saw a query similar to one you have posted but as far as I know,it is the other way around.DMV will ask you legal proof the USCIS approved petition to limit the duration of your DL or photo id till the expiry of your approved petition.These changes came in effect after 9/11 .I had a Cal DL issued in 2000 expiring in 2005 i had changed from Cal DL to VA DL in 2004. They issued me DL upto 2010 ,just last year (2006) my wife went to get photo ID she was asked two identifcation ID ,proof of legal status and proof of residence. After a few hassles she was given a photo id till Feb 2008 when her H4 expires. Frankly I see no dependency of DL duration to the extension duration. It is quite possible DL is another form of ID issued by a State authority and proved you residency. Thats my take.
JunRN
05-15 11:20 PM
Thanks for your wishes.
I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.
Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.
I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.
The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.
Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.
I agree with you regarding the timeline and evidence. I have mentioned it to my attorney numerous times. My attorney was insistent that adjudicating officers can see all my info on their computer screens. It is only a matter of looking at the info correctly.
It looks like the first MTR went to the same IO who denied my I-485. I could say it from ID in both the denial letters.
Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.
I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.
The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.
Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.
more...
India_USA
12-16 09:07 AM
Glad to know things are improving on this front :)
2010 Ghost Rider.
ashutrip
06-16 11:16 AM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
I hope the dates are current for some 2-3 months.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
I hope the dates are current for some 2-3 months.
more...
priti8888
07-18 04:07 PM
Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date
The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.
As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.
Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date
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Milind123
09-16 10:55 PM
Earlier I got a PM from immigration (name on the handle, not USCIS). He has contributed $100 for this round. That takes us to the final 6 shots. Remember these shots can be taken by anyone who believes that IV is doing a great job in order to make necessary changes. If you don't believe so, please don't keep that doubt lingering in your mind, speak up and be heard, if you are uncomfortable posting your doubts on any one of the threads, please use PM. Ask questions, please, if you have any?
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add78
06-20 10:30 AM
Is there no one here who has a few $ to donate to the organization that gave them so much back, just think about how lucky some of you were to be able to file 485 last july! That alone should be enough reason to donate! Please, please give back to the community that gives you so much in return!
Do what you can
At least do the action items and call the representatives.
Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.
Thank You.
Do what you can
At least do the action items and call the representatives.
Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.
Thank You.
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superdude
07-21 02:28 AM
Voting seems to be on political lines. Democrats probably didn't want to yield any ground because of their dear CIR failure. We need a targeted campaign (strategy) on the Democrats - Hillary spoke very favourably to the Indian student community recently about H-1B and immigrant visas but her vote is not in line with her statements
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
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LostInGCProcess
09-10 12:53 PM
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
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chanduv23
05-18 03:59 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
more...
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andy garcia
10-01 04:26 PM
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
This might work, except that the law would have to be changed he other way also.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
This might work, except that the law would have to be changed he other way also.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
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JazzByTheBay
09-29 08:01 AM
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
Hahaha! It sounds that you're really mad though! I am optimistic that I'll get my GC next year! No need to wait for 2009!
Unusual and unjustified optimism is the hallmark of great leaders and delusional fools. :)
Don't want to get political on this forum, but you probably know the consequences in the context of the current state of world affairs.
hypophobia: While many people today are plagued with excessive fear and anxiety it seems that there are others who have too little anxiety, a condition which has been termed "hypophobia" (1, 2 (http://www.chester.ac.uk/%7Esjlewis/DM/TEXTS/TEXT2.HTM), 3 (http://www-personal.umich.edu/%7Enesse/Articles/TestEvolHypsMentDisord-1999.PDF), 4 (http://clawww.lmu.edu/faculty/tshanahan/DarMed.html), 8 (http://psych.unn.ac.uk/pdf/beh_res_prep/br_poulton.pdf)). Since anxiety is a defensive or adaptive emotion which serves to protect us from dangers (see Darwinian Medicine (http://www.holistichealthtopics.com/HMG/adapt.html)), those who lack such normal fears may fail to perceive the dangers which confront them everyday. Such people may be seen as foolhardy or risk takers since they lack the normal inhibitory fears which serve to prevent excessive risk taking. It is for this reason that the frequently unrecognised hypophobia may be a rather dangerous condition. As has been noted by Nesse (5 (http://www-personal.umich.edu/%7Enesse/Articles/WhatDarMedOffersPsychiatry-1999.pdf)), "too little anxiety may be worse than too much."
http://www.holistichealthtopics.com/HMG/anxiety.html
jazz
Hahaha! It sounds that you're really mad though! I am optimistic that I'll get my GC next year! No need to wait for 2009!
Unusual and unjustified optimism is the hallmark of great leaders and delusional fools. :)
Don't want to get political on this forum, but you probably know the consequences in the context of the current state of world affairs.
hypophobia: While many people today are plagued with excessive fear and anxiety it seems that there are others who have too little anxiety, a condition which has been termed "hypophobia" (1, 2 (http://www.chester.ac.uk/%7Esjlewis/DM/TEXTS/TEXT2.HTM), 3 (http://www-personal.umich.edu/%7Enesse/Articles/TestEvolHypsMentDisord-1999.PDF), 4 (http://clawww.lmu.edu/faculty/tshanahan/DarMed.html), 8 (http://psych.unn.ac.uk/pdf/beh_res_prep/br_poulton.pdf)). Since anxiety is a defensive or adaptive emotion which serves to protect us from dangers (see Darwinian Medicine (http://www.holistichealthtopics.com/HMG/adapt.html)), those who lack such normal fears may fail to perceive the dangers which confront them everyday. Such people may be seen as foolhardy or risk takers since they lack the normal inhibitory fears which serve to prevent excessive risk taking. It is for this reason that the frequently unrecognised hypophobia may be a rather dangerous condition. As has been noted by Nesse (5 (http://www-personal.umich.edu/%7Enesse/Articles/WhatDarMedOffersPsychiatry-1999.pdf)), "too little anxiety may be worse than too much."
http://www.holistichealthtopics.com/HMG/anxiety.html
jazz
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addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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theMan
09-10 09:17 PM
$100 from me. Paypal conf. number , 1D295909LU764330T
Sorry, can't make it to the rally due to prior commitments. All the best to all of us.
Sorry, can't make it to the rally due to prior commitments. All the best to all of us.
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GCDream
07-06 07:27 AM
Jugged it
immi_seeker
10-01 03:04 PM
My impression was that USCIS calculated the possible number of cases that would be ready to be assigned a visa (means all the name check and other formalities finished) , before a month and the first PD that will not get a VISA will be the cutoff date for the bulletin for that month.
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted. I think focussing on avoiding visa wastage itself will reduce this retrogression mess to a big extent
If the USCSI didnt have enough applications to be assigned the VISA , then why are they so conservative in making the cutoff dates move ahead. What is the harm in pro-actively moving the cutiff dates, to amek sure no visa gets wasted. I think focussing on avoiding visa wastage itself will reduce this retrogression mess to a big extent
Humhongekamyab
05-19 05:37 PM
I guess you are now happier than before. You are close to getting your issue resolved.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
Maybe $585 for the MTR.
No one knows why people who are eligible for AC21 portability are going through this.
When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.
Many people have said that this is a training issue. maybe it is. We don't know
Maybe $585 for the MTR.
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