twinbrothers
07-09 06:42 PM
I live in Pasadena, CA. Email me at twinbrothers@gmail.com
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stldude
08-10 03:29 PM
Congrats - Is u'r 485 processed in NSC. Do you have the SRC** or LIN *** for the receipt no.
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
Green.Tech
09-14 03:45 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
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h1b_professional
07-20 10:19 AM
Should we send emails to our Senators requesting them to vote for SKIL bill
Email campaign may be
Email campaign may be
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knnmbd
04-25 02:42 PM
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
All these are good for chit chat any way. If we had the clout to implement laws that were based on figments of our imaginations, we probably would not be in line for a green card. Nothing wrong with ideas, except the potential for implementation of the amendment needs to go through IV core team and then sent across to any senators or the USCIS. We don�t want to look foolish be ridiculed for visionary ideas that will not see the light of the day.
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
All these are good for chit chat any way. If we had the clout to implement laws that were based on figments of our imaginations, we probably would not be in line for a green card. Nothing wrong with ideas, except the potential for implementation of the amendment needs to go through IV core team and then sent across to any senators or the USCIS. We don�t want to look foolish be ridiculed for visionary ideas that will not see the light of the day.
lonedesi
08-08 11:08 AM
Its been close to 2-3 weeks since Ombudsman's office got to know about this issue. Inspite of them contacting TSC they still do not have a response yet. So now its time to send Ombudsman's office with completed Form 7001 so that they get to investigate your individual case and assist you. They are obligated by law to investigate and respond to your request. The more people send out those forms, the more important it becomes for them to address this issue on a priority basis. So please take the time to mail out the forms soon.
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kumhyd2
07-13 02:50 PM
Count me in for san diego. Is a meeting already planned should we have one. How about a meeting near the beach/mission
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polapragada
09-13 09:42 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
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alterego
02-20 04:15 AM
I am not entirely sure about the 1% number. I feel it may be somewhat higher than that.
If indeed the ratio is 1%, then things are very dire, since with the economy as it is, we probably will not see any expansion in EB immigration in the near term.
Additionally the L1-EB1 route as multinational manager is very much alive and well, and is arguably the preferred and probably only viable route for any Indian prospectively attempting to immigrate to the USA. The numbers of such applicants might be larger than we know. If anyone has any data on that and specifically about the change in those numbers ever since retrogression hit, please post it.
In all honesty, I know the guys applying anew need a little hope and encouragement, but with perhaps 300K people and rising ahead of you in the EB India queue and slim to none chance of EB expansion in the near term, what are the odds of getting through that line in the next decade?
If indeed the ratio is 1%, then things are very dire, since with the economy as it is, we probably will not see any expansion in EB immigration in the near term.
Additionally the L1-EB1 route as multinational manager is very much alive and well, and is arguably the preferred and probably only viable route for any Indian prospectively attempting to immigrate to the USA. The numbers of such applicants might be larger than we know. If anyone has any data on that and specifically about the change in those numbers ever since retrogression hit, please post it.
In all honesty, I know the guys applying anew need a little hope and encouragement, but with perhaps 300K people and rising ahead of you in the EB India queue and slim to none chance of EB expansion in the near term, what are the odds of getting through that line in the next decade?
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svm
07-18 03:19 PM
Sorry it is not really related to the thread !.
Ths USCIS site says the following ....
"....The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007)."
Does that mean if I file 485 on Aug1st I have to pay new fees?
Thanks any one for a reply.
Ths USCIS site says the following ....
"....The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007)."
Does that mean if I file 485 on Aug1st I have to pay new fees?
Thanks any one for a reply.
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gcisadawg
02-09 05:27 PM
Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.
Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.
How many Indian origin parents in US invest in their children to make them a 'well rounded' personality so that these children can go to IVY leagues? I believe, it is time for them to focus on their retirement than to spend money on Kumon, Music/Dance classes, soccer/swimming lessons, softball/little league, chess lessons, spelling bee etc...
And why should they move to a sprawling four bedroom home in a suburb and save on heating cost by making their home as an igloo? The reason is their kids can get more space to play around, get a sense of community and build friends.
Just a 3BR aptmt should suffice. And why would a returning NRI want to enroll his kids in an International school?
Your post is a great eye-opener to NRI parents here! It is time for them to do what is
'just enough' for their kids and load up their IRA, 401K and after tax mutual fund or probably put it in a CD or stash it under a mattress! You know why, the ungrateful kid doesn't care about the parents even during humanitarian crisis!
Here is my figment of imagination if society stoops to that level...
Our hero would visit his parents apartment with his wife in tow, alight from his beamer and tell "Alright dad, It's OK if you don't have money to treat your cancer. We would surely help you thru our contacts. Our temple group has a special program. Also it's a great advantage that my wife has lots of contacts in her part-time business. She's also a part of a church group that takes up urgent humanitarian needs..Don't worry, we'll make it"
Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.
How many Indian origin parents in US invest in their children to make them a 'well rounded' personality so that these children can go to IVY leagues? I believe, it is time for them to focus on their retirement than to spend money on Kumon, Music/Dance classes, soccer/swimming lessons, softball/little league, chess lessons, spelling bee etc...
And why should they move to a sprawling four bedroom home in a suburb and save on heating cost by making their home as an igloo? The reason is their kids can get more space to play around, get a sense of community and build friends.
Just a 3BR aptmt should suffice. And why would a returning NRI want to enroll his kids in an International school?
Your post is a great eye-opener to NRI parents here! It is time for them to do what is
'just enough' for their kids and load up their IRA, 401K and after tax mutual fund or probably put it in a CD or stash it under a mattress! You know why, the ungrateful kid doesn't care about the parents even during humanitarian crisis!
Here is my figment of imagination if society stoops to that level...
Our hero would visit his parents apartment with his wife in tow, alight from his beamer and tell "Alright dad, It's OK if you don't have money to treat your cancer. We would surely help you thru our contacts. Our temple group has a special program. Also it's a great advantage that my wife has lots of contacts in her part-time business. She's also a part of a church group that takes up urgent humanitarian needs..Don't worry, we'll make it"
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gcisadawg
02-08 07:29 PM
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
Maybe that brother's philosophy in OP's story is "Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this". That is why that brother's parents and her sister are troubling OP.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
Maybe that brother's philosophy in OP's story is "Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this". That is why that brother's parents and her sister are troubling OP.
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GooblyWoobly
03-18 03:16 AM
The upper limit should be on a per state basis, at the very least. 150K AGI in CA is not much of a deal. Pretty much all double income families will cross that limit, and quite a few single income ones. Bummer!!:mad:
BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.
Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.
Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?
Thanks,
Jayant
BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.
Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.
Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?
Thanks,
Jayant
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Libra
09-10 04:56 PM
thank you, 21k more....com' on we can do this.
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
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khukubindu
01-03 11:42 AM
Hello,
We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.
I need to travel in January. Does anyone has the same situation ? Please reply
We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.
I need to travel in January. Does anyone has the same situation ? Please reply
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validIV
03-04 11:08 AM
Just refinanced with Chase. I have a pending I-485 and am on EAD. They just asked for all the paper work and it was a non issue. I think you just have a crappy lender.
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mdmd10
07-24 12:52 PM
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
Can you confirm if your Priority date was earlier than Aug 2004? PD is the date you applied for your Labor Cert., not the date you got approved for your Labor Certification.
From the above you are saying that you applied for LC in Aug 2004 and it was approved by or little before Feb 2005. In Feb 2005 or say Jan 2005 you may have concurrently applied for I-140 and I-485, and hence you were already in the I-485 stage.
If this is the case, then you were pretty fortunate in getting your LC approved in only 6 months, and that too before PERM was introduced. (PERM was introduced on March 28 2005)
RD Feb 2005
eb3 india
Last fingerprint in March 2007
Can you confirm if your Priority date was earlier than Aug 2004? PD is the date you applied for your Labor Cert., not the date you got approved for your Labor Certification.
From the above you are saying that you applied for LC in Aug 2004 and it was approved by or little before Feb 2005. In Feb 2005 or say Jan 2005 you may have concurrently applied for I-140 and I-485, and hence you were already in the I-485 stage.
If this is the case, then you were pretty fortunate in getting your LC approved in only 6 months, and that too before PERM was introduced. (PERM was introduced on March 28 2005)
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tinamatthew
07-20 12:47 PM
Please look at the discussion topic and then post you comments. :mad: :mad:
Sorry ... but please do you have an answer
Sorry ... but please do you have an answer
ajju
08-13 09:01 PM
What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
baburob2
03-16 11:23 AM
oops.
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