nixstor
07-02 10:56 PM
This is because Rajiv Khanna and Murthy do not like each other and compete with each other. Murthy is on the board of AILA and Rajiv is not. So murthy will promote the lawsuit and rajiv will not.
Competition is a good thing. How ever, your post sounded like they feud with each other no matter how much genuine the issue is. Why would any of them would like to be at the end of losing if they know for sure that the other is winning? Any sane mind will join the bandwagon, esp when their business interests are at stakes.
Keeping it aside, I did not mean to dampen any one's spirits on filing a law suit. I had similar thoughts in my mind and it just happened to be similar to Rajiv Khanna's. I could be wrong in this case. I will be very happy if we come out in flying colors in this law suit. How ever my preference is to get more and more media/blog attention and try to get recapture/ability to file 485 based on the momentum we build because of this screw up by DOS & USCIS.
Competition is a good thing. How ever, your post sounded like they feud with each other no matter how much genuine the issue is. Why would any of them would like to be at the end of losing if they know for sure that the other is winning? Any sane mind will join the bandwagon, esp when their business interests are at stakes.
Keeping it aside, I did not mean to dampen any one's spirits on filing a law suit. I had similar thoughts in my mind and it just happened to be similar to Rajiv Khanna's. I could be wrong in this case. I will be very happy if we come out in flying colors in this law suit. How ever my preference is to get more and more media/blog attention and try to get recapture/ability to file 485 based on the momentum we build because of this screw up by DOS & USCIS.
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neelu
12-12 10:48 AM
We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
Googler
05-20 09:53 PM
I had scanned a copy of DHS 7001 and emailed to Ombudsman last Wednesday (special thanks to Googler for all his informative messages). Also, when I spoke to TSC IO three weeks ago, the IO mentioned that they will email the 485 team based on my case details....not sure what triggered an action to my case....but whatever it was....I'm glad it did!! :) Congratulations Harish! Btw, Googler is a her not a his. :)
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msp1976
02-01 11:55 AM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school …. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....
If you are paying out of your pocket, you can go to college on H4..
Student loans are not available on H4...No financial aid of any kind would be available on H4...
Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
as long as you can pay....
I know all this because I did the research when my wife started her college..Should finish this may..
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....
If you are paying out of your pocket, you can go to college on H4..
Student loans are not available on H4...No financial aid of any kind would be available on H4...
Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
as long as you can pay....
I know all this because I did the research when my wife started her college..Should finish this may..
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tabletpc
12-20 04:24 PM
Prioritydate,
I din;t mean to be so funny as you have realzied from my response.
My comment was just on the other post.
Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!
As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.
I din;t mean to be so funny as you have realzied from my response.
My comment was just on the other post.
Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!
As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.
cygent
03-17 04:32 PM
Hello all,
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
more...
stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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ItIsNotFunny
10-16 11:52 AM
yesterday some one left a red saying "go and sleep in your bedroom or something like that" :D,
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
Hey,
I mentioned very clearly that someone who didn't want to come in front did this. So definitely its not you as you wanted to express your opinion and discuss in public. I always appreciate other's suggestions as it will eventually bring us to right or better decision. I only hate people who don't want to do anything and curse people who want to do something.
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
Hey,
I mentioned very clearly that someone who didn't want to come in front did this. So definitely its not you as you wanted to express your opinion and discuss in public. I always appreciate other's suggestions as it will eventually bring us to right or better decision. I only hate people who don't want to do anything and curse people who want to do something.
more...
GCVictim
06-11 08:04 AM
sent TX sentors
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Almond
07-05 12:18 PM
So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.
more...
sivakumar
02-22 11:57 AM
Hi Friends,
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
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akhilmahajan
09-26 12:18 PM
Can you put URL for updated article?
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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gcdreamer05
03-09 12:34 PM
This is insane, they are moving 15 days in 1 calendar month.
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
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kartikiran
07-12 04:26 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
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pray
08-17 01:11 PM
you write some ridiculous stuff in your first post and you want us to chill out. Get a sense of this board and its professional members, before you post any nonsense like that.
As I said previously, just chill out.Let me give all you guys some advice whether you want it or not.You guys are just busy speculating about something which you guys have no idea about.As a result all you guys are doing is getting worked up and trust me this nonsense is not helping you one bit.
If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.
You have no idea how dates will progress,so to reiterate once again just chill!
As I said previously, just chill out.Let me give all you guys some advice whether you want it or not.You guys are just busy speculating about something which you guys have no idea about.As a result all you guys are doing is getting worked up and trust me this nonsense is not helping you one bit.
If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.
You have no idea how dates will progress,so to reiterate once again just chill!
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Wendyzhu77
01-19 10:22 AM
Apparently, the police officer told you the exact story: by law you should carry all your immigration documents, but in practice a passport is good enough. By law he could deport, but in practice he won't though he had enough opportunities.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
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angelfire76
02-14 01:13 AM
I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.
I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D
I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D
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perm2gc
01-10 06:21 PM
http://www.immigration-information.com/forums/forumdisplay.php?f=33
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sherlock01
09-10 04:33 PM
Talking about horses and your user id WhiteStallion is surreal. Dude looks like they are after all discussing a bill right up your alley :D
No offence. Just Kidding!!
Nice humour!
No offence. Just Kidding!!
Nice humour!
arunmohan
05-11 02:23 AM
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
diptam
07-05 12:42 PM
Lets stop this thread and core decide about this ( who are running IV )
This is creating lots of discussions and nothing will come out apart from
wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0
I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.
Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.
This is creating lots of discussions and nothing will come out apart from
wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0
I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.
Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.
