smuggymba
08-21 12:35 PM
Thread Starter - unless you tell EXACTLY which GC category you fall in, when exactly was it applied - is the employment based, family based or what........ur asking questions but tellt he TECHNICAL details of your case..rather than saying USCIS is bad etc.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
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diptam
09-28 10:09 AM
We have given some our most energetic and productive years of life in this country. We paid taxes,we spent money here,we got set with the way of life and peoples here.
There is no question of running away. We got the skills,qualifications , attitude - we can settle anywhere we want - That's not an issue. Ther issue is that we should not run away from Problems. Otherwise where ever we go - we will have to moveout from there too in couple of years - who knows !!
At the end of the day, its comes to ones preferences.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
There is no question of running away. We got the skills,qualifications , attitude - we can settle anywhere we want - That's not an issue. Ther issue is that we should not run away from Problems. Otherwise where ever we go - we will have to moveout from there too in couple of years - who knows !!
At the end of the day, its comes to ones preferences.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
kicca
08-29 02:11 PM
yes, it is the I485 STANDARD OPERATING PROCEDURE...
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mp70
01-18 10:12 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
MP70
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eeezzz
02-15 03:08 PM
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
belmontboy
01-16 04:45 PM
My layoff was much less traumatizing at the instant.
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
your screen name is interesting :D
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
your screen name is interesting :D
more...
GW02
02-26 12:42 AM
I swear by Cinema4D, but I don't want to lead teh topic even further off-track.
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desi3933
07-09 04:13 PM
http://www.ahslaw.com/documents/AHSLawsuit.pdf
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
more...
shamu
01-17 02:10 AM
............
I got my priorities set now & believe me getting a GC has become my last priority ...................
And tomorrow the day starts again with a snooze ahwwwww…
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
I got my priorities set now & believe me getting a GC has become my last priority ...................
And tomorrow the day starts again with a snooze ahwwwww…
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
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sunty
11-10 11:27 PM
vin13,
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
more...
delhiguy
07-09 04:20 PM
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
So you be ready toooo.
I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
__________________
Not a legal advice.
Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
So you be ready toooo.
I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
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onemorecame
10-22 10:21 AM
Can you please post your timeline here?
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
more...
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HV000
02-14 12:51 PM
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?
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perm
07-03 02:44 PM
where's the petetion, where do we sign?
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nomi
12-12 10:38 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.
Well... then I should not drop my Candian Immigration.
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.
Well... then I should not drop my Candian Immigration.
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sathyaraj
03-07 12:16 PM
I have sent the required employment letter to my HR. Let me see whrther they will sign it or not. I am hoping for the best. I have waited long to change my employer. It have been with them for almost 7 yrs. I am hoping for a big change.
The funny thing is that they are doing my H1B transfer, but still worried about this letter. The HR contact I have does not have much idea about these H1b/Gc process. He gets scared for everything.
Hopefully everything would work out well.
♠
The funny thing is that they are doing my H1B transfer, but still worried about this letter. The HR contact I have does not have much idea about these H1b/Gc process. He gets scared for everything.
Hopefully everything would work out well.
♠
more...
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WeShallOvercome
07-20 02:38 PM
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
you don't need PD's to be current to apply for interim benefits like EAD/AP
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
you don't need PD's to be current to apply for interim benefits like EAD/AP
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alisa
01-25 09:38 PM
I had trouble sifting through all that data and figuring out what that was all about.
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
Can you re-estimate the new dates. Using this data
******* EB Pref*******EB3
FY**|*Total*|INDIA | *Total* |India
2000|107,024| 15888| 049,736| 05567
2001|179,195| 41720| 086,058| 16405
2002|174,968| 41919| 088,555| 17428
2003|082,137| 20818| 046,613| 10680
2004|155,330| 39496| 085,969| 19962
2005|246,877| 47160| 129,070| 23399
2006|?????????TBP in the near future ???????
THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
andy
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
Can you re-estimate the new dates. Using this data
******* EB Pref*******EB3
FY**|*Total*|INDIA | *Total* |India
2000|107,024| 15888| 049,736| 05567
2001|179,195| 41720| 086,058| 16405
2002|174,968| 41919| 088,555| 17428
2003|082,137| 20818| 046,613| 10680
2004|155,330| 39496| 085,969| 19962
2005|246,877| 47160| 129,070| 23399
2006|?????????TBP in the near future ???????
THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
andy
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sureshj
06-08 02:18 PM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
Jaime
09-12 02:05 PM
Come on guys! We need thosands of us in DC! For those still debating, email us, we will help you with funds and logistics! LET'S GO GUYS!!! THIS IS OUR CHANCE!!!! WE HAVE GOVERNORS AND BUSINESS ON OUR SIDE, BUT ESPECIALLY WE HAVE TRUTH ON OUR SIDE!!!! LET'S GO TOGETHER TO DC!!!!
vkrishn
07-13 06:57 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?
