coopheal
04-11 04:00 PM
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
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retrohatao
02-07 10:32 AM
Admin,
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
snathan
04-03 11:57 PM
tens of people who come out and attack them on why they need money all the time. But they still go ahead and do it. The reason being for every 10 who ridicule the idea, there are 20 who support it.
I really admire the perseverance the core shows in moving forward.
If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.
Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.
Well said...every now and then some one will pop up with some questions and attack on IV and core... Typically it used to be like this
1. Coming up one proposal with no proper plan
2. Attack on core and asking what the core is doing all these days...?
3. What is preventing core from doing this and that...?
Dont you guys understand that core members also volunteer, they do have their full time job and family. If you believe in something you need to lead the effort. You can not expect others to work and execute your half baked ideas. Come up proper plan and convince others. Otherwise actively take part in IV issues, join state chapter. Contribute more time if you can not contribute money. Build your reputation and others will follow you.
See this Guy who op-ed this thread...once in a week/two he comes here for time pass. He is questioning everyone and advocating to contribute for the recapture though he is not even contributing a penny so far. Dont you think its funny.
I really admire the perseverance the core shows in moving forward.
If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.
Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.
Well said...every now and then some one will pop up with some questions and attack on IV and core... Typically it used to be like this
1. Coming up one proposal with no proper plan
2. Attack on core and asking what the core is doing all these days...?
3. What is preventing core from doing this and that...?
Dont you guys understand that core members also volunteer, they do have their full time job and family. If you believe in something you need to lead the effort. You can not expect others to work and execute your half baked ideas. Come up proper plan and convince others. Otherwise actively take part in IV issues, join state chapter. Contribute more time if you can not contribute money. Build your reputation and others will follow you.
See this Guy who op-ed this thread...once in a week/two he comes here for time pass. He is questioning everyone and advocating to contribute for the recapture though he is not even contributing a penny so far. Dont you think its funny.
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xyz2005
07-18 09:43 AM
What is meant by "Rejected" here?
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
more...
desi3933
01-30 03:26 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
chmur
03-17 05:35 PM
The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.
Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....
I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.
I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007
Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....
I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.
I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007
more...
dummgelauft
08-21 11:40 AM
I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
Okay, Let us assume it is not your fault, but answer a few things for me
(1) Did your Fiancee sponsor you for permanent residence in US? (He has to marry you to do so.
(2) Since 2002, there has been a n K1 visa (fiancee visa), did yo enquire about that?
(3) Do you have a Canadian Citizenship card?
(4) If you have a Canadian birth certificate and a License, why the heck can you not cross back in to Canada, via any of the dozens of land border crossings, and go start the whole process, with a passport in hand and a proper sponsorship for your visa.
In you post you have not mentioned ANYWHERE, as to who filed the immigrant petition for you. You can not just file it yourself, you need a sponsor (which in your case, should be your fiancee/husband).
If, by mis-fortune, you are no longer with your fiancee/husband, the best bet is to go back to Canada and get on with your life.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
Okay, Let us assume it is not your fault, but answer a few things for me
(1) Did your Fiancee sponsor you for permanent residence in US? (He has to marry you to do so.
(2) Since 2002, there has been a n K1 visa (fiancee visa), did yo enquire about that?
(3) Do you have a Canadian Citizenship card?
(4) If you have a Canadian birth certificate and a License, why the heck can you not cross back in to Canada, via any of the dozens of land border crossings, and go start the whole process, with a passport in hand and a proper sponsorship for your visa.
In you post you have not mentioned ANYWHERE, as to who filed the immigrant petition for you. You can not just file it yourself, you need a sponsor (which in your case, should be your fiancee/husband).
If, by mis-fortune, you are no longer with your fiancee/husband, the best bet is to go back to Canada and get on with your life.
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crazyghoda
01-30 03:52 PM
Whew! Thanks for the clarification (and the knowledge... I can help someone else out now)
So now I just need to wait and see what exactly is asked in the RFE. Cant they send the damned thing by Fedex and bill me for it. Waiting for regular mail is painful. Here goes another weekend (sigh)
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
So now I just need to wait and see what exactly is asked in the RFE. Cant they send the damned thing by Fedex and bill me for it. Waiting for regular mail is painful. Here goes another weekend (sigh)
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
more...
ramus
07-03 06:25 AM
Lets contribute... We have big day ahead of us..
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h1techSlave
11-10 10:20 PM
Pushing for such small changes is the right thing to do.
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
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a_yaja
12-28 03:25 PM
Please excuse my ignorance,,but what is 529
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
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desi3933
07-09 04:20 PM
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
You have the prove 2 things
This "bad faith" was illegal and it caused harm & damages.
Winning a case in court and being emotionally charged are two different things.
__________________
Not a legal advice.
You have the prove 2 things
This "bad faith" was illegal and it caused harm & damages.
Winning a case in court and being emotionally charged are two different things.
__________________
Not a legal advice.
more...
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sledge_hammer
06-19 06:12 PM
What is the "period of stay form"?
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edgarrecto
02-21 05:26 PM
how about eb 3 priority date for philippines? mine is september 27,2005. any predictions?
more...
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Sachin_Stock
09-09 02:05 PM
The only hope, on a personal front, is to port to Eb2 or Eb1. It all depends on your company though. However, those who don't have any issues with their employer, and is contributing a lot, then go for porting. Thats the only hope.
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psaxena
05-26 05:09 PM
I have seen the similar stop points in San Diego also and also while travelling to CA from AZ I was stopped at the border and then the office looked inside the car and said and thank you and let us go. I normally drive CA on the long weekends most of the time and everytime the same thing happens.
Well good to know this, as I never carried my documents ever with me.
Well good to know this, as I never carried my documents ever with me.
more...
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tinamatthew
07-24 01:02 PM
There is no doubt the employer letter is required.
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
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puddonhead
08-10 02:25 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
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jonty_11
06-12 02:35 PM
it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
Macaca
09-26 12:19 PM
Please send a thank you email to the reporter....
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
Ask her to write separately about us and mention IV! It appears the mistake was not intensional.
Stay in touch with her. We will need her later!
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
Ask her to write separately about us and mention IV! It appears the mistake was not intensional.
Stay in touch with her. We will need her later!
jaocanada
06-10 08:29 PM
Sent.
