sc3
08-21 12:43 PM
Ok, I had hoped not to bite the bait, but I am human, nothing recharges and roils like someone saying "you are EB3, you are worthless compared to US the mighty EB2s".
The misleading continues
1) "VDLRAO" (no disrespect to his prediction capabilities) says EB2 will be current soon, so why are you raising this voice.
Well, if it is going to be current soon enough, then any action to redirect EB1 numbers should not be a cause of concern for EB2s should it? If you are going to become current soon, then it means there aren't many people waiting in the queue.
2) We should support the visa recapture
You all are assuming that EB3 does not support it. Unlike me, most EB3s are very active in calling, contributing and supporting those events. I have personal reservations about asking for a change in law when I am the direct beneficiary (I feel like those big oil companies who use their clout to get laws favourable to them, nothing wrong, just that I dont like to do it). Having said that, I have no problems in asking and demanding that the law be applied as written.
Once I have my GC done with, I intend to write to the representatives that barring progressive experience in the same company rule should be removed, because it is the experience that matters, not where you get it. Why should someone who chooses to be loyal be discriminated against another who has no qualms about his company's future.
3) You dont have the law on your side, USCIS/DOS only implements the law.
Some within EB2 concede that the law is fuzzy, while others claim there is no basis for our campaign here. Well, there was no basis for so many things that IV has accomplished, and yet, most people accept that we are better off in some ways compared to pre-IV. If you believe that we have no basis, then why bother dissing us? We will make ourselves look like fools. If you believe the law is fuzzy, then you should realize that current interpretation is your luck, not your right.
The misleading continues
1) "VDLRAO" (no disrespect to his prediction capabilities) says EB2 will be current soon, so why are you raising this voice.
Well, if it is going to be current soon enough, then any action to redirect EB1 numbers should not be a cause of concern for EB2s should it? If you are going to become current soon, then it means there aren't many people waiting in the queue.
2) We should support the visa recapture
You all are assuming that EB3 does not support it. Unlike me, most EB3s are very active in calling, contributing and supporting those events. I have personal reservations about asking for a change in law when I am the direct beneficiary (I feel like those big oil companies who use their clout to get laws favourable to them, nothing wrong, just that I dont like to do it). Having said that, I have no problems in asking and demanding that the law be applied as written.
Once I have my GC done with, I intend to write to the representatives that barring progressive experience in the same company rule should be removed, because it is the experience that matters, not where you get it. Why should someone who chooses to be loyal be discriminated against another who has no qualms about his company's future.
3) You dont have the law on your side, USCIS/DOS only implements the law.
Some within EB2 concede that the law is fuzzy, while others claim there is no basis for our campaign here. Well, there was no basis for so many things that IV has accomplished, and yet, most people accept that we are better off in some ways compared to pre-IV. If you believe that we have no basis, then why bother dissing us? We will make ourselves look like fools. If you believe the law is fuzzy, then you should realize that current interpretation is your luck, not your right.
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dixie
02-21 07:27 PM
Not so. There are no quota caps for spouses of US citizens, hence no retrogression.
You can do that. But the Family based immigration is very slow too
You can do that. But the Family based immigration is very slow too
crksd
10-16 05:23 PM
:) Well, I was on F-1 before that for 2.5 years, so it wasn't that quick either. But then again, I'm not complaining.
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Saralayar
03-12 05:49 PM
The problem with IV core is they want to solve all the problems at once...which never going to happen... I really do not understand why they are not making this as an Action item and raise donations. let us make this sri1309 letter final and start sending it to congress (house, sensate members)
Pappu or any active IV Core members, we are waiting for your answer. How we can go on this?:confused:
Pappu or any active IV Core members, we are waiting for your answer. How we can go on this?:confused:
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gc_chahiye
01-24 12:06 PM
Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.
I would second this. Singapore Airlines is especially good if you are travelling with babies/kids. Its a bit longer than the SFO->frankfurt->India route, but worth it. Also, Changi airport at Singapore is 10 times better than frankfurt for a layover.
I would second this. Singapore Airlines is especially good if you are travelling with babies/kids. Its a bit longer than the SFO->frankfurt->India route, but worth it. Also, Changi airport at Singapore is 10 times better than frankfurt for a layover.
pshaikh
12-15 01:34 PM
I have an appointment at Mumbai Consulate on Jan 2 for H1-B & H4 renewal.
People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!
Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.
Eg:
Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
other details: <.....................>
Below is some background info. on this recently introduced change:
Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance
The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.
Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).
DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.
Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.
People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!
Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.
Eg:
Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
other details: <.....................>
Below is some background info. on this recently introduced change:
Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance
The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.
Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).
DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.
Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.
more...
GreenCard4US
07-13 11:01 PM
When IV can force CIS to change thier stand and listen, we can surely take this guy to task. Please come up with some plan. This guy is poisoning the minds of the American public with "Cock and Bull" facts, it's time he is put in his rightful place.
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nosightofgc
01-08 07:58 AM
Let's do it.
Bump.
Bump.
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i99
10-01 02:58 PM
I am a July 2nd files, they told me to call on the 3rd of October. (I don't know what is the logic to calculate 90 days at the USCIS). I am trying to make the attorney call that day. May be she will have more luck. :confused:
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Madhuri
06-18 12:58 PM
Answering my own question. According to my lawyer if I use EAD, I can not use H1/H4 stamp in the passport for travel as it is no longer valid.
Hi
I also have the same question as bindas74. We both have our H1 stamped till July 2009, only my son does not have it stamped.
So if we don't apply for AP now and start using EAD and then travel outside of US can I still come back on my stamped H1 visa?
Any help appreciated.
Thanks,
Madhuri
Hi
I also have the same question as bindas74. We both have our H1 stamped till July 2009, only my son does not have it stamped.
So if we don't apply for AP now and start using EAD and then travel outside of US can I still come back on my stamped H1 visa?
Any help appreciated.
Thanks,
Madhuri
more...
mallu
08-06 02:43 PM
Why would you say EAD and H1B will be denied??
if one is taunting , " Look FBI bosses , i am stuck in security check, still i am a working with my H1B/EAD . How dare you allow to people remain here - for many years - if you suspect something is fishy with their record "
if one is taunting , " Look FBI bosses , i am stuck in security check, still i am a working with my H1B/EAD . How dare you allow to people remain here - for many years - if you suspect something is fishy with their record "
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nk2006
01-15 11:13 AM
Hi RajuSeattle--
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
Your frustration is understandable but talk to a good lawyer and open an MTR immediately. From your description yours is a good example of how USCIS is confused about AC21 cases - work with your lawyer on MTR it seems MTR's are successful in most cases. Also please take time and contact Ombudsman to file DHS Form 7001 as suggested at: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.
(look back in this thread a few other members had similar issue - I485 denial upon withdrawal of I140 by previous employer - contact them directly to get specific lawyer info).
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
Your frustration is understandable but talk to a good lawyer and open an MTR immediately. From your description yours is a good example of how USCIS is confused about AC21 cases - work with your lawyer on MTR it seems MTR's are successful in most cases. Also please take time and contact Ombudsman to file DHS Form 7001 as suggested at: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.
(look back in this thread a few other members had similar issue - I485 denial upon withdrawal of I140 by previous employer - contact them directly to get specific lawyer info).
more...
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desi3933
06-17 02:23 PM
Good job slumdogs. You are becoming a puppet of anti-immigrants. Today they are using you to throw your L1 brothers out. Tomorrow they will throw you out. There is fraud in H1 too. No visa is perfect. Just like no American citizen is perfect. 1 in 10 citizen has gone to jail.
If you have so much energy and motivation, why don't you go after anti-immigrants and expose their evil.
Educated idiots!
Are you suggesting that no fraud should be reported?
I would say, any fraud, whether H1/L1/F1, employee related, employer related should be reported? Why should law abiding immigrants/workers pay for those who are committing fraud?
>> 1 in 10 citizen has gone to jail.
Not correct. There are about 260 jail inmates per 100,000 US residents.
Link: http://www.ojp.usdoj.gov/bjs/jails.htm
>> Educated idiots!
Now, tell me, who is educated idiot?
.
If you have so much energy and motivation, why don't you go after anti-immigrants and expose their evil.
Educated idiots!
Are you suggesting that no fraud should be reported?
I would say, any fraud, whether H1/L1/F1, employee related, employer related should be reported? Why should law abiding immigrants/workers pay for those who are committing fraud?
>> 1 in 10 citizen has gone to jail.
Not correct. There are about 260 jail inmates per 100,000 US residents.
Link: http://www.ojp.usdoj.gov/bjs/jails.htm
>> Educated idiots!
Now, tell me, who is educated idiot?
.
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vivache
05-16 02:18 AM
My company will only apply for an EAD for the spouse.
For the employee .. they ask that the h1 be extended.
Now in case I am laid off .. this pretty much puts me in the spot.
I've heard that it is possible to apply for EAD on my own.
1. Any idea if this is true and what info is needed to apply for the EAD.
2. Any issues with having both h1 and EAD?
3. Also if my wife is on EAD .. and I get laid off on h1 and am looking for a job .. what happens to her EAD?
4. If my wife is on EAD .. and I get laid off when on EAD and am looking for a job .. what happens to her EAD? And do i need to seek a smilar position in new company .. or anything works?
Thanks
V
For the employee .. they ask that the h1 be extended.
Now in case I am laid off .. this pretty much puts me in the spot.
I've heard that it is possible to apply for EAD on my own.
1. Any idea if this is true and what info is needed to apply for the EAD.
2. Any issues with having both h1 and EAD?
3. Also if my wife is on EAD .. and I get laid off on h1 and am looking for a job .. what happens to her EAD?
4. If my wife is on EAD .. and I get laid off when on EAD and am looking for a job .. what happens to her EAD? And do i need to seek a smilar position in new company .. or anything works?
Thanks
V
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abhijitp
01-13 05:16 PM
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jsb
09-21 09:11 AM
I am also July 2nd filer with no checks being cashed yet, and no other activities around my case. What can we do when the waiting period is over 90 days???
I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.
I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.
I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.
I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.
more...
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mariner5555
01-15 06:29 AM
I have sent the letters today to WH and IV.
I have also sent group emails to my batchmates from my engg college asking them to join IV. I think everyone should do that - this will help IV to Increase its Memberships.
I had one more suggestion too - (this has recd less support in the past).
we need to put in a statement that many legals are not buying a house because of the uncertainity in the GC process. even the congressmen will be more patient with our cause when we mention housing.
I have also sent group emails to my batchmates from my engg college asking them to join IV. I think everyone should do that - this will help IV to Increase its Memberships.
I had one more suggestion too - (this has recd less support in the past).
we need to put in a statement that many legals are not buying a house because of the uncertainity in the GC process. even the congressmen will be more patient with our cause when we mention housing.
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mamit
02-12 04:14 PM
the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss
Thanks Bpositive. I called up the DOS yesterday and they said they don't hve any record against my case number with them. Does that mean the embassy still haven't send my info to them (which I doubt since its been 10 weeks since my visa appointment at Delhi) or does it mean that my security check are ongoing? Should I visit Delhi consulate in person and talk to them about it?
Thanks Bpositive. I called up the DOS yesterday and they said they don't hve any record against my case number with them. Does that mean the embassy still haven't send my info to them (which I doubt since its been 10 weeks since my visa appointment at Delhi) or does it mean that my security check are ongoing? Should I visit Delhi consulate in person and talk to them about it?
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veni001
04-05 04:58 PM
If I am not wrong, buffering wud be to take in new 485 applications, process them and keep them ready.
In that context, most of the applications till 07/07 have been preadjudicated, new buffer wud require dates to be pushed to 07/07 or later.
I would think they move to 07/07 first to see any missing demand to appear in the next month or two and then move significantly, if needed, in the final quarter!
In that context, most of the applications till 07/07 have been preadjudicated, new buffer wud require dates to be pushed to 07/07 or later.
I would think they move to 07/07 first to see any missing demand to appear in the next month or two and then move significantly, if needed, in the final quarter!
immi2006
10-21 11:52 PM
I filed for my wife ( I have a Unique A # and so does my wife A#)
My WIFE filed a seperate 485 with her 140 for herself. Her A # here matches the previous step. We did it so that my name did not appear in both so there will be less chances for a cancellation. I will do follow to join incase my wife applns goes faster
We applied AP and EAD for both of us, using my Application.
My WIFE filed a seperate 485 with her 140 for herself. Her A # here matches the previous step. We did it so that my name did not appear in both so there will be less chances for a cancellation. I will do follow to join incase my wife applns goes faster
We applied AP and EAD for both of us, using my Application.
vkrishn
08-16 12:26 PM
Gurus and "New" Permanent Residents,
Did any one send a streamline email to NSC and did any get a better response then the "automatic script" response that you get from NSC?
If you did get a positive response then can you share on what exactly you had in the content of the email?
Thanks.
Did any one send a streamline email to NSC and did any get a better response then the "automatic script" response that you get from NSC?
If you did get a positive response then can you share on what exactly you had in the content of the email?
Thanks.
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