pmmo
07-02 10:30 AM
Hello,
I have been going through this discussion. I am in a similar situation where I got a Welcome Notice saying my I-485 was approved and I should be receiving my card in 3 weeks when my PD is not current and in fact, the PD is a couple of years behind! It has been 6 months since I got the notice and no GC is in sight. After calling the customer service in March, they told me that they did not have my biometrics in their system and so I had to go for a biometrics appointment early April. It is almost 3 months since then and I still have no GC card. I know that there is a delay in card production, but at the same time, I am wondering if the I-485 approval was by mistake and that is causing the real problem. I am in talks with a lawyer who suggests it is better to correct the USCIS mistake right now rather than getting into complications in the long run. I am frustrated that I have to pay for an attorney for a mistake USCIS did and concerned what will happen in future when I proceed with their advice.
Could one of you who faced this situation descibe how you handled the situation or how you would handle this situation? In my case, there is no other I-485 or anything filed before and I have never been out of status or had any issue ever.
Thank you.
I have been going through this discussion. I am in a similar situation where I got a Welcome Notice saying my I-485 was approved and I should be receiving my card in 3 weeks when my PD is not current and in fact, the PD is a couple of years behind! It has been 6 months since I got the notice and no GC is in sight. After calling the customer service in March, they told me that they did not have my biometrics in their system and so I had to go for a biometrics appointment early April. It is almost 3 months since then and I still have no GC card. I know that there is a delay in card production, but at the same time, I am wondering if the I-485 approval was by mistake and that is causing the real problem. I am in talks with a lawyer who suggests it is better to correct the USCIS mistake right now rather than getting into complications in the long run. I am frustrated that I have to pay for an attorney for a mistake USCIS did and concerned what will happen in future when I proceed with their advice.
Could one of you who faced this situation descibe how you handled the situation or how you would handle this situation? In my case, there is no other I-485 or anything filed before and I have never been out of status or had any issue ever.
Thank you.
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Legal
07-05 04:30 PM
pass it around...it will make us forget our problems for a while
You never know.....:)
The key is to go through "Indian-Americans" who have gone thru this siht but are "Americans" now.
i AM smoking pot:p
You never know.....:)
The key is to go through "Indian-Americans" who have gone thru this siht but are "Americans" now.
i AM smoking pot:p
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andycool
06-10 02:17 PM
Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)
It has lot of good News >>>>
VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment First: Current
Employment Second:
China and India: March or April 2006
Employment Third:
Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004
It has lot of good News >>>>
VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment First: Current
Employment Second:
China and India: March or April 2006
Employment Third:
Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004
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lelica32
05-03 02:07 PM
Hi Totoro,
please be so kind and explain me what exactly shall I say to the SSN Office about why I apply for SSN non-work. If they ask me to proof that I need a SSN to get Economic Stimulus Payment, what shell I do??
How is posible to get a SSN non-work to get Economic Stimulus Payment if you didn't work. How can you make tax return without to work. ?? Sorry for all this question but I really don't understand. But i'm shure that you will be very nice and you will explain me how it's work.
Thank you,
lelica
please be so kind and explain me what exactly shall I say to the SSN Office about why I apply for SSN non-work. If they ask me to proof that I need a SSN to get Economic Stimulus Payment, what shell I do??
How is posible to get a SSN non-work to get Economic Stimulus Payment if you didn't work. How can you make tax return without to work. ?? Sorry for all this question but I really don't understand. But i'm shure that you will be very nice and you will explain me how it's work.
Thank you,
lelica
more...
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SOA
07-23 06:20 PM
Now that it is clear that we can file 485 without 140 receipt notice, I want to know what you guys, who have not received 140 receipt notice yet, are planning to. Are you going to file 485 right now with the information insturcted by USCIS (brightly colored paper...)? Or are you going to wait for the 140 receipt notice until certain point and then, if you still have not received the receipt by then, file 485 with the information insturcted by USCIS (brightly colored paper...)?
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jonty_11
07-18 12:22 PM
I dont know the whole background...but they say they will use 5000 unused visas per year. Where do these unused visas come from? FB visas?
Ironic if it FB...that is backlogged years - close to 10 years for some categories and there are unused VISAS....God I cannot understand this..ONLY IN AMERICA THING I think.
Ironic if it FB...that is backlogged years - close to 10 years for some categories and there are unused VISAS....God I cannot understand this..ONLY IN AMERICA THING I think.
more...
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bluekayal
03-17 10:57 AM
SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking `or' at the end;
(2) in subclause (II), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.
(c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) by striking `(beginning with fiscal year 1992)'; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and
(ii) by adding after clause (vii) the following:
`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking `or' at the end;
(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(C) by adding at the end the following:
`(D) has earned an advanced degree in science, technology, engineering, or math.';
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation in paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
`(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.
(d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking `or' at the end;
(2) in subclause (II), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.
(c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) by striking `(beginning with fiscal year 1992)'; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and
(ii) by adding after clause (vii) the following:
`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking `or' at the end;
(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(C) by adding at the end the following:
`(D) has earned an advanced degree in science, technology, engineering, or math.';
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation in paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
`(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.
(d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
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Chiwere
05-16 03:33 PM
The text for HR 5140 Economic Stimulus Act 2008 has the following eligibility criteria:-
ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual other than--
(A) any nonresident alien individual,
(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
(C) an estate or trust.
Full text at:-
http://thomas.loc.gov/cgi-bin/query/F?c110:21:./temp/~c110hrzxe1:e1660:
Have to track down the ITIN rule pushed by FAIR and who all voted for it. It is amazing that xenophobes such as FAIR can get an amendment in so quickly and under the radar. Perhaps CHC should be focusing on them rather killing any immigration reform short of amnesty.
ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual other than--
(A) any nonresident alien individual,
(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
(C) an estate or trust.
Full text at:-
http://thomas.loc.gov/cgi-bin/query/F?c110:21:./temp/~c110hrzxe1:e1660:
Have to track down the ITIN rule pushed by FAIR and who all voted for it. It is amazing that xenophobes such as FAIR can get an amendment in so quickly and under the radar. Perhaps CHC should be focusing on them rather killing any immigration reform short of amnesty.
more...
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AUNTYMARGARET
04-18 10:05 AM
How many of you all dealt with the lawyer named Alex Elsberg?
which branch r u all talking about pls
which branch r u all talking about pls
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NolaIndian32
11-10 05:33 PM
Nola, your intentions are good, but I do not agree with your conclusion. You are biased against yourself and other applicants.
1. who, applicant or cis, is required to make sure gc process is properly followed?
2. also, if someone goes thru' "pain of gc revocation" due to cis error, isn't it ethical (and legally required) to provide "ead/ap" (so person can continue to work and feed his family, be in status), "reinstatement of (again) pending 485" etc. to that person by cis?
3. are these legal & ethical norms only applies to one party or both parties involved in this process?
I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.
I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.
I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.
I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.
-Nola
1. who, applicant or cis, is required to make sure gc process is properly followed?
2. also, if someone goes thru' "pain of gc revocation" due to cis error, isn't it ethical (and legally required) to provide "ead/ap" (so person can continue to work and feed his family, be in status), "reinstatement of (again) pending 485" etc. to that person by cis?
3. are these legal & ethical norms only applies to one party or both parties involved in this process?
I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.
I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.
I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.
I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.
-Nola
more...
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snathan
03-20 09:41 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
Do not give misleading information. When you do the transfer the original visa is not cancelled. In fact you can have more than one H1B at the same time and work for them. For example two part time jobs for different employers. But the only catch you should always work only for the sponsoring company. If you decide not to join them at all, you can do so. But you have to maintain the status thru your current employement or another employer.
For more information on this check the murthy.com
I hope you assume this as a new H1B not a transfer or else your post is wrong.
Do not give misleading information. When you do the transfer the original visa is not cancelled. In fact you can have more than one H1B at the same time and work for them. For example two part time jobs for different employers. But the only catch you should always work only for the sponsoring company. If you decide not to join them at all, you can do so. But you have to maintain the status thru your current employement or another employer.
For more information on this check the murthy.com
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dummgelauft
05-30 05:30 AM
There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round
more...
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rajuram
06-09 12:52 AM
It is very easy to write but difficult to do. Except for IV folks there are hardly any fighters out there for our cause. We have all seen the result....CIR that favors ill-legals but decreases visa numbers for the EB cases.
You may also say ... In this country, no one gives it to you. You have to fight for it. :rolleyes:
You may also say ... In this country, no one gives it to you. You have to fight for it. :rolleyes:
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vdlrao
07-14 01:35 PM
Is there a way to calculate the number of visas used this year? and how many are remaining? Plus how many are waiting?
Getting too anxious:(
About 50k might be remaining visas alloted for EB2 India. These 50k are the spill overs from EB1, EB2 ROW and Family Based Unused Visas as well.
In July 2007 Fiasco there have been received about 300k 485 applications. And out of that Say 200k belongs to EB3 because in EB3 it includes India and ROW also. Where as In EB2 its only India and China. Because in EB2 ROW is already current. So I presume about 100k applications are from EB2 and waiting for visa numbers. So this year 50K spill overs +9,800 rgular allotment for EB2, totaled about 60k. So 60k of this year and next year clears off all EB2 applications and make EB2 dates current.
Getting too anxious:(
About 50k might be remaining visas alloted for EB2 India. These 50k are the spill overs from EB1, EB2 ROW and Family Based Unused Visas as well.
In July 2007 Fiasco there have been received about 300k 485 applications. And out of that Say 200k belongs to EB3 because in EB3 it includes India and ROW also. Where as In EB2 its only India and China. Because in EB2 ROW is already current. So I presume about 100k applications are from EB2 and waiting for visa numbers. So this year 50K spill overs +9,800 rgular allotment for EB2, totaled about 60k. So 60k of this year and next year clears off all EB2 applications and make EB2 dates current.
more...
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rams
06-14 09:24 AM
Hi folks,
My labor and 140 got approved and PD is march 05.
After the good news, I can apply for 485, But I have
a question. My wife she came on H4 here and then converted
to H1B and get stamped also. Is it going to be a problem if I apply 485 for
her ( because of H1B) and if its not a problem guide me what are the necessary documents
for her.
Thanks in advance
Sai
My labor and 140 got approved and PD is march 05.
After the good news, I can apply for 485, But I have
a question. My wife she came on H4 here and then converted
to H1B and get stamped also. Is it going to be a problem if I apply 485 for
her ( because of H1B) and if its not a problem guide me what are the necessary documents
for her.
Thanks in advance
Sai
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REQUIRE_GC
06-27 07:31 AM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
I share your Pain, but I must congratulate you on receipt of your RENEWD EAD.
My case, I am planning a trip to INDIA, but still waiting for EAD to be received
Enjoy man!!!!!
I share your Pain, but I must congratulate you on receipt of your RENEWD EAD.
My case, I am planning a trip to INDIA, but still waiting for EAD to be received
Enjoy man!!!!!
more...
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saimrathi
07-03 04:01 PM
Never mind.. your name suits you...
I am stressing on July 2 as the date due to the new bulletin... Anyway, dont bother replying..
OK...
That's a sunday, would they even accept any on sunday?
I am stressing on July 2 as the date due to the new bulletin... Anyway, dont bother replying..
OK...
That's a sunday, would they even accept any on sunday?
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snathan
07-22 11:29 AM
"exactly because of these rude attitude of hindi people i never speak hindi."
this is the choice you're talking about? :d
yes...so what
this is the choice you're talking about? :d
yes...so what
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smisachu
09-21 09:44 PM
I am a huge fan of Lewis Hamilton and Beckham. Not to mention Mark (I absolutely loved the dry witty british humor) and of course you...
No offense taken, we Brits suck
No offense taken, we Brits suck
pune_guy
04-25 08:57 PM
Hi
I would like to thank IV for all its efforts and thank the members who have contributed so far for this task.
I have contributed $100 towards this goal, the receipt number is 7ER83820M7308620B.
Go IV.
I would like to thank IV for all its efforts and thank the members who have contributed so far for this task.
I have contributed $100 towards this goal, the receipt number is 7ER83820M7308620B.
Go IV.
shiankuraaf
05-18 09:50 AM
Sent email to Senator D-NJ
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