satishku_2000
11-19 02:10 PM
It only makes me wonder how many more applications with PDS older than 2001 (substitution or not ) from India are still pending :( . Good luck to all of you guys who has PD older than mine (Sep 2004 EB3), unless you are out of the queue I dont get mine :)
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sac-r-ten
05-07 12:29 PM
Sorry to hear that buddy. I am all for getting this fixed. It's getting worst. Pappu n other core/senior, can we do something to get this cleared so that ppl can peacefully go to their home countries for vacation/family emergencies w/o worrying about the stamping....
Good luck @cobra, I hope they clear you after (redundant) verification.
Good luck @cobra, I hope they clear you after (redundant) verification.
mhathi
08-14 03:38 PM
From VB
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
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HawaldarNaik
02-19 04:15 PM
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bolo MERA BHARAT MAHAAAAAN........:)
bolo MERA BHARAT MAHAAAAAN........:)
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rck4evr
08-07 08:14 PM
I am in the same boat. My employer refused to file my ead or AP. I am sure they will not give me the RN too.
RandyK
11-29 08:28 AM
Alisa has a good point, is there a list of important items that we can present to lawmakers.
I belong to my state chapter, I am all for meeting whoever to make an impact but it would be great if we can put together good talking points and issues to highlight when we meet these lawmakers.
I belong to my state chapter, I am all for meeting whoever to make an impact but it would be great if we can put together good talking points and issues to highlight when we meet these lawmakers.
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lostinbeta
01-03 12:28 PM
Oh Please... no more shakespeare :hangover: I hated his stuff in school, there is no reason I can't hate his stuff now. Too much thinking involved... thinking is bad!!!!
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SK2007
10-10 04:27 PM
Thanks Waiting_toolong!
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
Generally when you are travelling by road to canada they do not issue new I-94s. You have to be in Canada for atlease a week or so to ask for a new I-94. I travelled on business few times. They never gave me new I-94s saying I have been there only for a night. I think, the I-94 attached to your H1 extension should be valid till that H1 expires.
Years ago(1999), my wife's I-94 expired, because at the airport the immigration office entered wrong date. We never verified. We were going by the H4 validity. After the expire date, I spoke my lawyer he was prepared to file for new I-94 but asked for 750USD. I went to the local immigration office in Boston and they corrected it without any issue.
Very recently as last week, we were coming from Canda after spending a week. We crossed the border by ferry, my wife's passport is due to expire in couple of months, her current I-94 is valid for 2 years. We told the office that we do not need a new I-94 and he was OK with that.
So check with the local immigration office, but only after getting a new passport.
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
Generally when you are travelling by road to canada they do not issue new I-94s. You have to be in Canada for atlease a week or so to ask for a new I-94. I travelled on business few times. They never gave me new I-94s saying I have been there only for a night. I think, the I-94 attached to your H1 extension should be valid till that H1 expires.
Years ago(1999), my wife's I-94 expired, because at the airport the immigration office entered wrong date. We never verified. We were going by the H4 validity. After the expire date, I spoke my lawyer he was prepared to file for new I-94 but asked for 750USD. I went to the local immigration office in Boston and they corrected it without any issue.
Very recently as last week, we were coming from Canda after spending a week. We crossed the border by ferry, my wife's passport is due to expire in couple of months, her current I-94 is valid for 2 years. We told the office that we do not need a new I-94 and he was OK with that.
So check with the local immigration office, but only after getting a new passport.
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logiclife
02-14 07:10 PM
Last time around exactly the same time in 2006 CIR took off like crazy because of the tremendous backing of Senate Judiciary committee chairman Arlen Specter and Senate majority Leader Bill Frist (who actually gave a deadline for a the bill to be introduced to the senate floor, to speed it up) and president bush supporting it as well. In spite of all these it took the senate from Feb-march 2006 to around September 2006 to get it passed.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
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ajm
04-14 11:40 AM
There is no excuse for the Immigration dept for this backlog. This is a simple clerk's job which they screwed. IV as a an organization should clearly state it and insist on fast resolution by the respective authorities, not just foggy promises.
I agree that there is no excuse for processing times running into many months. However, I would be hesitant to rely on the goodwill of DOL/USCIS in resolving the backlog. I started another thread suggesting a premium processing option for the entire GC process:
http://immigrationvoice.org/forum/showthread.php?t=600
I agree that there is no excuse for processing times running into many months. However, I would be hesitant to rely on the goodwill of DOL/USCIS in resolving the backlog. I started another thread suggesting a premium processing option for the entire GC process:
http://immigrationvoice.org/forum/showthread.php?t=600
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vgayalu
07-24 10:43 PM
I mailed my I485 to NSC on June 29 , 2007. Reached to NSC 07/02/07.
NSC sent to CSC. CSC approved my EAD .Again CSC transfered my I 485 to NSC on 08/26/06.
Fingerprints were taken on 01/12/08.
After that no LUD.
What woul be caluclated as my RD?
Can I expect Interview ? OrI am going to get GC soon?
Please clarify my doubt.
NSC sent to CSC. CSC approved my EAD .Again CSC transfered my I 485 to NSC on 08/26/06.
Fingerprints were taken on 01/12/08.
After that no LUD.
What woul be caluclated as my RD?
Can I expect Interview ? OrI am going to get GC soon?
Please clarify my doubt.
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desi3933
06-25 03:10 PM
1) Sep 16 2007 to Apr 2008 is > 6months so you cannot apply for 797 renewal to get a new i94 indirectly.
Incorrect.
It is 6 months before status expiry date (I-94). This is not linked with visa stamp expiry date. You are mixing visa status dates with visa dates.
2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
Incorrect.
Just using AP does NOT invalidates H1 status. Using EAD does.
I think of these solutions...
1) Exit and Enter the country to match with your 797 dates.
or
2) Talk to your employer ,find a temporary employer to switch your h1 and switch back to your current employer. (do premium if necessary ).
Simple solution is to file H1 extension before I-94 date.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
Incorrect.
It is 6 months before status expiry date (I-94). This is not linked with visa stamp expiry date. You are mixing visa status dates with visa dates.
2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
Incorrect.
Just using AP does NOT invalidates H1 status. Using EAD does.
I think of these solutions...
1) Exit and Enter the country to match with your 797 dates.
or
2) Talk to your employer ,find a temporary employer to switch your h1 and switch back to your current employer. (do premium if necessary ).
Simple solution is to file H1 extension before I-94 date.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
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mbartosik
03-30 05:50 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
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chanduv23
02-13 09:01 PM
After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)
Please please do so :) Lets all join hands and succeed in this campaign
Please please do so :) Lets all join hands and succeed in this campaign
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champu
03-12 07:08 PM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
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sksatmt
08-27 12:48 AM
You didn't say any where in your message that TSC applicants are getting RN very late. Sorry to say but it seems you are very mean and selfish person. But looking at only NSC your concern is currect.
I think we are united here.
Cool down dude, I can understand OPs frustrations, I am in same boat and see similar cases around, not that ead or ap is anything great, just that someone who applied before feels rejected seeing TSC giving out eads like cookies:)
I think we are united here.
Cool down dude, I can understand OPs frustrations, I am in same boat and see similar cases around, not that ead or ap is anything great, just that someone who applied before feels rejected seeing TSC giving out eads like cookies:)
more...
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eagerr2i
02-07 04:02 PM
This came in the newswire today about the challenges being faced in UK amongst the people who entered UK under the high skilled immigration program. Do do our stories in US have any similarity here?
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
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apahilaj
05-12 03:23 PM
You said you live in NJ, you supposed to have sent you EAD renewal documents to Vermont Service Center as per the USCIS link provided below:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73bbb6f2cae63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73bbb6f2cae63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
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mhathi
07-17 09:13 AM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
There were doctors in my area who did not ask for appointments. I got my medicals done by walk-in. It means you have to wait, but you can decide wen to go instead of an appointment. Call all doctros within a certain radius and see if anyone will accept walk-ins.
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
There were doctors in my area who did not ask for appointments. I got my medicals done by walk-in. It means you have to wait, but you can decide wen to go instead of an appointment. Call all doctros within a certain radius and see if anyone will accept walk-ins.
suriajay12
09-16 06:36 AM
I would consult an expert attorney and ASAP.
Ajay.
Ajay.
anilkumar0902
09-14 01:33 AM
Filed I-485 on July 31,2007. Checks cashed on Sep 10th and received Receipt Notices for me and my wife through the attorney yesterday. I am in the EB-2 category with PD: Oct 2005.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
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