add78
07-11 01:02 PM
Nope I dont agree. Even though theres any retrogression it would be very mild.
I have to agree with vdlrao, what will be interesting to see is where EB2-china is when DOS bulletin comes out. My guess is that EB2-china is current along with ROW.
I have to agree with vdlrao, what will be interesting to see is where EB2-china is when DOS bulletin comes out. My guess is that EB2-china is current along with ROW.
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vbkris77
03-06 01:57 PM
Hello, there is a better way to findout by contributing to this thread..
http://immigrationvoice.org/forum/showthread.php?t=24184&page=3
http://immigrationvoice.org/forum/showthread.php?t=24184&page=3
gonecrazyonh4
04-25 08:52 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
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Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
more...
texcan
09-12 10:13 PM
I was hoping to get people to start their monthly contribution, but it seems people are more inclined to make one time contribution. So I have added this to the start of the thread.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
>>For every $100 one time contribution by first time contributors I will match $25.00. <<
So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.
I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.
Committments in life do make people nervous, but in this case i am surprised
what else will it take.
Come on guys, this is best deal of century. Make some contribution.
Once again, Great going Milind
Hats off to you friend.
zerozerozeven
07-11 09:25 AM
PD - Jul 07
Any hopes for me in the Sep bulletin? hope they move it by another 14 to 15 months ...USCIS...pls...my wife badly needs an EAD to start working
Any hopes for me in the Sep bulletin? hope they move it by another 14 to 15 months ...USCIS...pls...my wife badly needs an EAD to start working
more...
for_gc
12-26 02:53 PM
Not sure good or bad. but this is sure some news.
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Kodi
06-04 01:38 PM
company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...
Thanks Pappu. I will check with my lawyer before we file.
Thanks Pappu. I will check with my lawyer before we file.
more...
desperatedesi
09-10 02:04 PM
Hello,
I would have loved to be there in DC but here is my small contribution of $100
Google Order #211034816607767
Thanks
DD
I would have loved to be there in DC but here is my small contribution of $100
Google Order #211034816607767
Thanks
DD
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gc_eb2_waiter
06-01 03:37 PM
Does this mean no new Labors? or no new I-140s? or no new I-485s after May 2007. Someone with more information please clarify.
more...
optimystic
09-10 03:32 PM
People in the forum are talking a lot about visa recapture..
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
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addsf345
12-01 02:16 PM
1. MTR -USCIS fee$585, Lawyer fee vary between $750 to $3500. Dependents another $500 extra in lawyer fee
2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
more...
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susie
07-13 09:37 PM
I think it is time to write to Senators and Congressmen about the DREAM Act. Please see the post below that the Act is being re-introduced. It is under the thread "Alert from AILA for Dream Act Support". We should make sure that it is appplied to all children, including documented. As it last stood in CIR, the DREAM Act applied to only undocumented children.
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
I am a legal skilled immigrant, came here in 1995, and am still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
I am planning to send emails to as many senators as possible over the weekend.
________________________________________
Alert from AILA for Dream Act Support
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa
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franklin
07-20 06:19 PM
Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence beill.
That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist
That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist
more...
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ind_game
05-14 08:41 PM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
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beppenyc
03-08 02:30 PM
beppenyc, any particular reason that ur interested in the guest worker program?
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
more...
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desi chala usa
01-06 10:25 AM
Don't forget the education is the biggest business in U.S.A and the immigration is the second one, thats what I learned from my 5 years experience. Both businesses dragging money from foreign ppl (International student has to pay 3-4 times more than local).
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coopheal
02-23 08:36 PM
What is LUD
Read all about LUDs here http://immigrationvoice.org/wiki/index.php/LUD
Read all about LUDs here http://immigrationvoice.org/wiki/index.php/LUD
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pmpforgc
03-07 10:44 AM
This post is not entirely true.. I have never seen an college(recognized by AICTE) where u will pass only by paying fees.
There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.
The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I would agree with most of what you said that it is personal issue and personal choice. if you feel here homesick then better to go home at the earliest.
I toally dis-agree with you in terms of education issue. I am in education field since I was born (as a student and as faculty both in India and US) so I had seen closely both sides of the coins. Our education system in India is detoriating day by day with no quality control on private institutions and no nation wide approach for QUALITY of education. We have made education available to every one (mostly !!) but during that process we have made it to go in to the tank. With few good institutions among the thousands of colleges and universities does not make it good quality. Percentage of below standard education institution are increasing day by day. Each time I go back home and see how the education is detoriating, I feel deeply sorry about state of education in India. Opening college in every village and giving degree to every one who wants does not make good education. In old days we were giving those degrees to only one those deserve it and can earn it. That is why our old mass of graduates was highly acclaimed all over world. Now a days our average scientist and engineers ( I am not talking about all high quality one from population of billion !!) is very poor.
Also just to Add here same AICTE who approves technical colleges in India, Its DIRECTOR in CHIEF was under govt investigation of messive corruption in the approval process of the institutions.
So dont feel so good about CURRENT and FUTURE education system in India, unless we try to improove the QUALITY issue of our technical graduates at put it AHEAD of QUANTITY OF GRADUATES
There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.
The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I would agree with most of what you said that it is personal issue and personal choice. if you feel here homesick then better to go home at the earliest.
I toally dis-agree with you in terms of education issue. I am in education field since I was born (as a student and as faculty both in India and US) so I had seen closely both sides of the coins. Our education system in India is detoriating day by day with no quality control on private institutions and no nation wide approach for QUALITY of education. We have made education available to every one (mostly !!) but during that process we have made it to go in to the tank. With few good institutions among the thousands of colleges and universities does not make it good quality. Percentage of below standard education institution are increasing day by day. Each time I go back home and see how the education is detoriating, I feel deeply sorry about state of education in India. Opening college in every village and giving degree to every one who wants does not make good education. In old days we were giving those degrees to only one those deserve it and can earn it. That is why our old mass of graduates was highly acclaimed all over world. Now a days our average scientist and engineers ( I am not talking about all high quality one from population of billion !!) is very poor.
Also just to Add here same AICTE who approves technical colleges in India, Its DIRECTOR in CHIEF was under govt investigation of messive corruption in the approval process of the institutions.
So dont feel so good about CURRENT and FUTURE education system in India, unless we try to improove the QUALITY issue of our technical graduates at put it AHEAD of QUANTITY OF GRADUATES
ItIsNotFunny
03-12 11:07 AM
Pappu,
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
cheg
07-23 04:00 PM
Thanks for the quick reply. So in my case since my husband doesn't have a RD yet for our I-485 then once we do get our RD, we can calculate that 2 yrs from that time we'll have our card ordered as well. :D :D :D I'm crossing my fingers!
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
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