willwin
10-08 03:22 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
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MCQ
05-01 03:14 PM
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
msp1976
10-16 01:21 PM
The immigration debate for legal immigrants and illegal immigrants with substantial presence in the USA has been raging for 2 years now. Reforms consistently went through Senate but got stuck in the house. Last year has been most painful and has brought matters to a tipping point. Therefore, I conclude that after the elections things have to settle down - this matter cannot be up in the air any longer. Either we get formally and bitterly screwed or some relief pops out in the next 2-3 months.
Well....
Option 3 is that they keep the thing dragging on just like they are doing last 2/3 years...Remember GW Bush was talking about guest worker program at start of 2004...The next presidential elections are just 2 years away...We keep hanging by the lean thread of forlorn hope...
Well....
Option 3 is that they keep the thing dragging on just like they are doing last 2/3 years...Remember GW Bush was talking about guest worker program at start of 2004...The next presidential elections are just 2 years away...We keep hanging by the lean thread of forlorn hope...
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Macaca
07-08 10:57 AM
Found this from Chinese website:
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
more...
kumar1
01-30 02:03 PM
Stop spreading wrong information desi!!
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
Dreamer07
08-09 10:10 AM
if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.
more...
justAnotherFile
07-02 09:31 AM
Type: Package
Status: In Transit - On Time
Scheduled Delivery: 07/02/2007
Shipped to: DALLAS, TX, US
Shipped or Billed on: 06/29/2007
Service Type: NEXT DAY AIR
still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business
Status: In Transit - On Time
Scheduled Delivery: 07/02/2007
Shipped to: DALLAS, TX, US
Shipped or Billed on: 06/29/2007
Service Type: NEXT DAY AIR
still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business
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makemygc
08-02 10:00 AM
/\/\/\/\
Bump
Just checking if anyone in this thread got his/her check encashed this morning.
Bump
Just checking if anyone in this thread got his/her check encashed this morning.
more...
satish_hello
09-08 02:08 PM
I Just checked all my checks are encashed for me and my wife.
It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC
CheckCashed-?
RD - ?
ND-?
AD -?
Edit/Delete Message
It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC
CheckCashed-?
RD - ?
ND-?
AD -?
Edit/Delete Message
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desi3933
06-27 12:07 PM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
zeta7
07-22 07:58 PM
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
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JunRN
08-27 05:35 AM
Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....
more...
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Sakthisagar
08-09 10:59 AM
Why are you not taking EB1 into account where the diff is 9 - 10 years. I came to US on L1 in 2001 Then applied for EB3 in 2004 which was deneied in 2006. Then started in EB2 in 2006. So if you consider, I have been here since 2001 not that I just come in 2006. Like the same way you too move up in your career and then apply for EB2.
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
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sankap
07-10 06:27 PM
Chandu,
I've no problems you or anybody else challenging me--we're all (mostly) scientists/engineers here, so making assumptions based on observations, and challenging them, should be the first step toward creating a hypothesis (http://en.wikipedia.org/wiki/Scientific_method). But science seeks evidence for those assumptions. Staying clear of traps like fallacies (http://en.wikipedia.org/wiki/Fallacy) should help.
Ok, i am not challenging you or your interpretations. I am looking into all options.
I've no problems you or anybody else challenging me--we're all (mostly) scientists/engineers here, so making assumptions based on observations, and challenging them, should be the first step toward creating a hypothesis (http://en.wikipedia.org/wiki/Scientific_method). But science seeks evidence for those assumptions. Staying clear of traps like fallacies (http://en.wikipedia.org/wiki/Fallacy) should help.
Ok, i am not challenging you or your interpretations. I am looking into all options.
more...
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diptam
05-23 07:05 AM
See , they started the 3 yr H1B extension only on basis of Retrogression...
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
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PD_Dec2002
08-15 06:38 PM
FYI...
My friend and his wife received Receipt Notices for 485, EAD and AP on August 10, 2007. The Received Date (when application reached NSC) was June 25, 2007. And yesterday (August 13, 2007), his wife's EAD was approved. They still haven't gotten their FP notices as yet.
BTW, their packet was transferred from NSC to TSC since the I-140 was approved from TSC. It appears TSC is faster in processing EADs/APs than NSC.
Other details: I-140 was PP-approved from TSC in June 2007 and the application is EB2.
Thanks,
Jayant
My friend and his wife received Receipt Notices for 485, EAD and AP on August 10, 2007. The Received Date (when application reached NSC) was June 25, 2007. And yesterday (August 13, 2007), his wife's EAD was approved. They still haven't gotten their FP notices as yet.
BTW, their packet was transferred from NSC to TSC since the I-140 was approved from TSC. It appears TSC is faster in processing EADs/APs than NSC.
Other details: I-140 was PP-approved from TSC in June 2007 and the application is EB2.
Thanks,
Jayant
more...
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newu77
08-17 06:48 PM
Has anyone with the following criteria got receipt notice or have their check cashed ?
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
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justAnotherFile
07-20 01:26 PM
Congratulations to you and your spouse Aman, for a well deserved Green Card. It's great to know that you are going to continue to provide leadership to IV inspite of getting your card.
(Based on Aman's comments. I will contribute the earlier pledge i made in this thread, to IV next month.)
will also get my video uploaded ASAP.
(Based on Aman's comments. I will contribute the earlier pledge i made in this thread, to IV next month.)
will also get my video uploaded ASAP.
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amitjoey
07-05 03:04 PM
We will each individually send flowers to Emilio Gonzalez to be delivered July 10th. There is a suggestion to use a paypal account where we contribute money. However no one has come forward to take over the account so far.
The theme of the note attached to the flowers should be Sympathy or Get well.
Preferred Message(Sympathy): All the best for future Employment Based visa estimates
I do like the "Get Well: Hope USCIS recovers from its insanity" message as well
July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
July 08th - Draft the letter to be mailed to media.
July 09th - Finalize the letter and mass mail it to every media email addresses we have.
July 10th - hope the media take the bait!
Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.
The theme of the note attached to the flowers should be Sympathy or Get well.
Preferred Message(Sympathy): All the best for future Employment Based visa estimates
I do like the "Get Well: Hope USCIS recovers from its insanity" message as well
July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
July 08th - Draft the letter to be mailed to media.
July 09th - Finalize the letter and mass mail it to every media email addresses we have.
July 10th - hope the media take the bait!
Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.
supreet
07-08 04:02 PM
Hello All,
After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.
Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?
OR
Is being on 1099 while on EAD a bad idea and I should stay away from it?
Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.
Thanks all for you replies!!!
- S
After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.
Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?
OR
Is being on 1099 while on EAD a bad idea and I should stay away from it?
Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.
Thanks all for you replies!!!
- S
June05
08-13 09:43 AM
I and my wife received our cards yesterday.
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