qplearn
10-23 03:33 PM
The name check takes 2 years anyway, making a mockery of fast processing times. Even VSC, which is the slowest, takes less than 2 yrs for 485.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.
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vardinishankar
03-10 12:02 PM
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
Thank you very much for coming back to this - it really clarifies a lot of doubts I had in my mind. Appreciate it!
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
Thank you very much for coming back to this - it really clarifies a lot of doubts I had in my mind. Appreciate it!
GCIsLuck
10-05 07:40 PM
One of my colleagues got audit for two consecutive years and he received his green card last month.
My worry is what if we pay panalty after IRS final decission on audit ?
Did your friend have to pay the penalty any any of those audits.
Thanks
My worry is what if we pay panalty after IRS final decission on audit ?
Did your friend have to pay the penalty any any of those audits.
Thanks
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jkamel5
07-13 06:23 AM
You are way more qualified than me. I only have 2 masters, research work, research papers. My attorney was able to get my EB1 approved without sponsorship. You will definitely get EB1
Could you please guide me to your lawyer?
Thank you
Could you please guide me to your lawyer?
Thank you
more...
visshy
09-01 01:04 PM
My wife's ead expires on 10/02/2010 and we applied for renewal first week of july 2010. Notice date is 16th July 2010. On august 25th wife faxed documents requesting to expedite her ead based on the fact that she wld lose her job and health insurance otherwise.
We also requested a letter from the congressman to help expedite and his office sent a letter to the uscis director 2 days ago saying that my wife thinks that its past processing time. We had clearly stated in the letter addressed to congressman that expedite request is based on the fact that she wld lose employment if not expedited on time. We did not expect this kind of reply from congressman office...
Can my wife's expedite request be denied because of the congressman's letter? What can we do now to assure that her ead renewal is expedited? She is expecting and is in the last trimester. We have insurance thro her employer which will be gone if ead not renewed on time.
Any positive suggestions please?
We also requested a letter from the congressman to help expedite and his office sent a letter to the uscis director 2 days ago saying that my wife thinks that its past processing time. We had clearly stated in the letter addressed to congressman that expedite request is based on the fact that she wld lose employment if not expedited on time. We did not expect this kind of reply from congressman office...
Can my wife's expedite request be denied because of the congressman's letter? What can we do now to assure that her ead renewal is expedited? She is expecting and is in the last trimester. We have insurance thro her employer which will be gone if ead not renewed on time.
Any positive suggestions please?
dassumi
11-15 10:23 AM
And they should serve at least one year in the Military. :-)
+ straight As only ?
why - only tier1 & tier2 ? should be based salary withdrawn- isn't?
+ straight As only ?
why - only tier1 & tier2 ? should be based salary withdrawn- isn't?
more...
Dhundhun
06-28 04:55 PM
All,
This has been discussed before, but I could not find a definitive answer.
I live in Alabama and my I-485 is pending with Nebraska Service Center. Based on instructions in I-765 form, Alabama falls under Texas Service Center.
My category for I-765 EAD is -- (c) (9).
Now I am filing for my EAD renewal. Where should I send in my paper application -- Nebraska or Texas?
Would you all pl let me know. Last time my EAD was messed up big time, (wrong dates on EAD card), and I want to make sure everything goes normal this time.
Appreciate your reply.
Thanks.
You need to follow instructions. It makes no difference in processing time if your I-485 application is pending in NSC and based on instruction you need to apply in TSC and Vice Versa.
In fact I think, load sharing is going on. I applied I-765 at NSC but case is handled by MSC. Don't be surprized, that you apply at TSC and case being handled by other office.
This has been discussed before, but I could not find a definitive answer.
I live in Alabama and my I-485 is pending with Nebraska Service Center. Based on instructions in I-765 form, Alabama falls under Texas Service Center.
My category for I-765 EAD is -- (c) (9).
Now I am filing for my EAD renewal. Where should I send in my paper application -- Nebraska or Texas?
Would you all pl let me know. Last time my EAD was messed up big time, (wrong dates on EAD card), and I want to make sure everything goes normal this time.
Appreciate your reply.
Thanks.
You need to follow instructions. It makes no difference in processing time if your I-485 application is pending in NSC and based on instruction you need to apply in TSC and Vice Versa.
In fact I think, load sharing is going on. I applied I-765 at NSC but case is handled by MSC. Don't be surprized, that you apply at TSC and case being handled by other office.
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vdesai_8
03-31 11:40 AM
Very well written letter. However If you agree here is something I feel should be updated.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
more...
whattodo
02-22 10:04 AM
Is the text of CIR already published? Is there a link to that?
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
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vnsriv
03-03 10:56 AM
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
more...
bharol
06-01 01:27 AM
* deleted by admin
It appears you created this ID just today only to post this message.
Sounds fishy.
It appears you created this ID just today only to post this message.
Sounds fishy.
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GCA
01-07 01:08 PM
A major IT company making just 3% profit margin for last 8 years??? Howmany think its true? To me it just can't be. The original 40%(not sure of exact %) is more realistic and along lines with other major IT operating from India base.
He(they) planned it all along I guess. Meticulously diverting(swindling) cash to their hands. Once market gone worse and knowing it remains so for sometime to come, they can no more see such money flow into their hands. So wanted to make a safe exit by selling their own company ( which interestingly named reverse of 'MAYTAS'-'SATYAM' - they probably know this will happen and its going to reverse the future of SATYAM ) and recording those swindled money under this asset in the name of 'bookvalue'.
I hope whatever body goes into investigating this fraud, goes deep in and traces every(atleast some) 'real' penny that might have made its way out to classify this a 'fake' profit is found and returned back to the true 'stake' owners. More importantly, whoever deliberately crafted this, should be penalized such that it remains a deterent to others stealing publics money and their future. This is a testing time for India to prove they are relaible investment nation with a sound law to enforce better business environment.
He(they) planned it all along I guess. Meticulously diverting(swindling) cash to their hands. Once market gone worse and knowing it remains so for sometime to come, they can no more see such money flow into their hands. So wanted to make a safe exit by selling their own company ( which interestingly named reverse of 'MAYTAS'-'SATYAM' - they probably know this will happen and its going to reverse the future of SATYAM ) and recording those swindled money under this asset in the name of 'bookvalue'.
I hope whatever body goes into investigating this fraud, goes deep in and traces every(atleast some) 'real' penny that might have made its way out to classify this a 'fake' profit is found and returned back to the true 'stake' owners. More importantly, whoever deliberately crafted this, should be penalized such that it remains a deterent to others stealing publics money and their future. This is a testing time for India to prove they are relaible investment nation with a sound law to enforce better business environment.
more...
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sagi9
12-08 05:45 PM
Hi,
I am in the same boat. My EB-2 PERM came for audit on November 28th. We are still waiting to reply by the deadline which is December 19th. I got the same request from DOL(business necessity letter + recruitment efforts). I can only say this, The DOL audit's increased since October 2007 after closing all backlog elimination centers. Almost 50% of cases filed came back for audit. Audit is nothing but just request for documentation. So if you reply for the audit, you can expect a reply within 60 days. I am on my 19th month on H1B.
PERM applied : November 2,2007
PERM audit request: November 19th, 2007
Audit Reply date: N/A
EB-2
India
I am in the same boat. My EB-2 PERM came for audit on November 28th. We are still waiting to reply by the deadline which is December 19th. I got the same request from DOL(business necessity letter + recruitment efforts). I can only say this, The DOL audit's increased since October 2007 after closing all backlog elimination centers. Almost 50% of cases filed came back for audit. Audit is nothing but just request for documentation. So if you reply for the audit, you can expect a reply within 60 days. I am on my 19th month on H1B.
PERM applied : November 2,2007
PERM audit request: November 19th, 2007
Audit Reply date: N/A
EB-2
India
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anilsal
08-26 01:42 PM
who responded on this thread for the following, which you can actively do it by directly PMing me.
"Please provide me the name, email address and phone number to be added to the IL State Chapter"
Also include where in the GC process you are currently in. Quite interested to know your PD.
"Please provide me the name, email address and phone number to be added to the IL State Chapter"
Also include where in the GC process you are currently in. Quite interested to know your PD.
more...
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BEC_fog
07-08 03:59 PM
I just finished listening to the interview and it went great. Jay Pradhan did a nice explanation of the problems. Also the rebuttal to the low wages/job stealing issue was good.
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alisa
11-29 06:36 AM
One of ways in which you can make the lawmakers realize the seriousness of the issue of EB relief is by telling them about it in person. They meet tons of other people every day and hear about many issues that are just as important to the others who meet them. So to convince them of the urgency, IMHO, we all must go to their offices and talk to them. That requires you to take some time off from your schedule. Many of us have already met lawmakers. Join your local chapter.
Can we have
1) links and pointers to background material and other things we could study, so that we are on the same page, and can educate ourselves on what to ask lawmakers/public
2) a presentation/paper, so that we have the same, the best, and the most presentable message.
If this already exists, and I just haven't found it yet, I apologize....
Can we have
1) links and pointers to background material and other things we could study, so that we are on the same page, and can educate ourselves on what to ask lawmakers/public
2) a presentation/paper, so that we have the same, the best, and the most presentable message.
If this already exists, and I just haven't found it yet, I apologize....
more...
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nixstor
01-23 01:50 PM
Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing along with her I 129 to show that she is maintaining status?
Any one??
Any one??
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nrk
07-09 10:27 PM
Do you guys have any idea about when the August 2010 visa bulletin will be ?
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saimrathi
07-11 09:36 PM
Thanks for bringing this up.. This is a legitimate concern.. Lets just hope this doesn't happen to any of us... Although hope is all we can do for now...:(
Has anyone considered the implications of identity theft, fraud etc if the USCIS does start returning the adjustment of status applications? When my daughter applied for adjustment of status a couple of years ago her application was rejected erroneously and returned to her. When she opened the package, it not only contained her information, but also someone else's highly confidential and personal documents. The documents were completely mixed in with hers - all out of order - and even the other person's check was returned to her. The person's case was also very time sensitive and of an extremely confidential nature.
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
Has anyone considered the implications of identity theft, fraud etc if the USCIS does start returning the adjustment of status applications? When my daughter applied for adjustment of status a couple of years ago her application was rejected erroneously and returned to her. When she opened the package, it not only contained her information, but also someone else's highly confidential and personal documents. The documents were completely mixed in with hers - all out of order - and even the other person's check was returned to her. The person's case was also very time sensitive and of an extremely confidential nature.
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
rajuseattle
07-14 08:52 PM
this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
Iamthejuggler
03-19 12:14 PM
Stop trying to guilt people into voting for you! :P
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