Saturday, June 18, 2011

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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam





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  • chanduv23
    02-07 04:06 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

    Yes, I heard about them, and I know that a lot of people are moving/going to move to the US and will be flooding the h1b visa quota sooon.





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  • leo2606
    12-26 11:38 PM
    Is it mandatory to file AC21 with USCIS after moving to a new company?
    If I move out to a new company before 180 days with the employer's co operation now and
    If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?





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  • gimme_GC2006
    04-09 11:50 PM
    1. you have two hands and two middle finger...just show to him and move on.
    2. Or call the dol and inform all...and he will be in soup.

    Put everything in e mail or certified mail and pass all those information to dol and move on.

    You dont have to bother anything else.

    heheh :D



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  • twinbrothers
    07-11 05:22 PM
    Yes you can claim them as dependants. I have done this in the past. All you have to do is file the ITIN application with your Federal Tax Return.





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  • inskrish
    07-22 11:39 AM
    My wifes also had same problem.

    I really envy at you.:)



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  • bestin
    10-09 01:21 PM
    BTB i have read in a forum sometime back that they do renewal at Airports.Not sure on the truthfulness of this info though.If this helps.....





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  • caydee
    03-07 03:21 PM
    No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.

    I did not understand the "time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS" part.
    My situation is as follows - My I-140 is approved and judging by the current situation my child will be above 21years (currently on H4) when visa becomes available.
    My questions are - Will I be able to extend my child's H4 beyond his 21 years, assuming I continue on H1? And will I be able to adjust my child's status when visa becomes available?

    Thanks



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  • sunny26
    08-29 08:19 AM
    I Renewed mine last month.I took only normal size photo.I went directly.if u can get into the counter before 12 then u can get same day delivery in the evening else u can ask them to send thr express mail.I was little late because of traffic got my chance only after lunch so ask them to mail and got within 2days.NY consulate says one yr i think


    Hello All -

    I am planning to get my PP renewed at the NY consulate and had a couple of questions and I was hoping someone could shed some light on them.

    i) The DC website states that one can *only* apply 6 months before expiration date but the NY website does not? Mine is going to expire in ~8 months. Anyone know if it is 6 mo across all consulates?

    ii) They have it in big red font that the photograph should be 3.5 cm * 3.5 cm, the US standard PP size is 50 mm * 50 mm .. any ideas where I can get them done in the right dimension?

    iii) If applied in person do they issue the PP the same evening?

    Thanks in advance to anyone who can share their experience esp. at the NY consulate

    -Neo





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  • jsb
    07-20 08:33 AM
    Are the processing times according to the notice date or the received date ? Mine are 4 months apart.

    USCIS needs to work with paper files for review/approval. RD as on your receipt is the mailroom receive date. Real receive date of a processing center is when they actually opened your file and entered in the system, which is what you see online as, "...your case was received on...". Processing centers prefer to treat this date as RD as this suites them better. In your case your true RD should be a couple of days prior to your ND. Who is responsible for the 4 months period in between when several thousand applications may have been received and entered in the system (and placed ahead of you)? Nobody.

    babawa10: Your case has shuffled around between centers. It was received last by TSC in Aug 08. Therefore, don't get surprized if your Real RD is now Aug 08. USCIS makes a simple claim, they process cases in order they receive them. Perhaps they are talking about the paper files, which are placed in sequence on shelves as they arrive. Check online what it now says for "...your case was received on...".



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  • glus
    01-22 12:12 PM
    Consulare processing means, you have to go out of the country to your home country and over there you have an interview for an immigrant visa. If approved you come to the states with that visa and receive GC here. If denied, consular processing CANNOT be appealed. The decision is usually final. When you do I485, whcih is adjustment of status, you stay in the US and if gets denied you CAN appeal the decision. To be eligible for adjustment of status in the U.S. one must show he/she never violated non-immigrant status until the I485 was filed(since last entry).

    If you file I140 while being on F1, that could be taken as "violation of non-immigrant" status. It is advisable to change to a dual intent visa before filing for I485. Such visas are H1 and L1.

    I am not attorney so don't take my answers for granted.

    G





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  • texcan
    08-13 11:09 PM
    possible reason for mysterious rejections :

    You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
    You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.

    Could this be the case with some apps mysteriously being rejected?


    Friend,

    Relax a little. Donot worry its not gonna fix any problem.

    My theory of life is ..."every one needs a problem to stay busy, if they
    donot have any problems, they will find one".

    Think about it, and find a constructive problem.

    if you donot like my words, leave it ...please donot be offended.



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  • krishmunn
    03-08 04:09 PM
    If one gets a US Masters, the 3 year undergrad is not a problem if you go for EB2 based on Masters.





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  • LostInGCProcess
    06-17 03:47 PM
    Thanks, snathan...i shall ask folks around before signing it. :)



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  • sanju
    03-17 10:16 AM
    Why shud he call the anti immigrant by that filthy word when all or most of what that guy conveyed with his post are nothin but pure facts. There r hundreds of gultis doing all sorts of illegal stuff in the name of immigration without any shame. Theres a saying that goes like..."If u tell someone as it is, he protests and kicks on ur chest" which seems very appropriate here.

    Look man, don't make me say this, but you leave no choice. I know you are a Pakistani terrorist sympathizer only inciting infighting on the forum between Indians from different states. Why are you so focussed on what "hundreds of gultis doing", why not talk about what pakistanis are doing?

    I try not to stay away from calling you out and posting a negative post, but you just won't stop doing this over and over again.

    .





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  • pappu
    06-01 09:08 AM
    It appears you created this ID just today only to post this message.
    Sounds fishy.

    That is absolutely correct.
    (I deleted the post on this thread. The poster shamelessly posted the company URL and info on his post to promote the consulting company.). We have immediately banned this user and have been deleting the same in the past too and banning this user.
    This ID was created and the other ID for which this person was complaining was posting to promote his website and company on IV. The company is another consulting company trying to get employees from this site by luring them for greencard sponsorship. Now when IV deletes such posts, they start hating IV.

    There have been several instances where other immigration site owners and health insurance agents for US visitors have created IDs on our site and posted information to promote their insurance or site. We will continue to delete them. This effort is not about making money like they do from the for profit site and company, but we use our contributions and money to help the lobbying effort. We will disallow anyone using this site to promote their business. We have seen what they have written against IV on other sites and this site and it proves that they do not care about this cause and just want to make money off members of this site. If some business or website, truly cares about this cause, they need to show it by posting IV banner ad on their website and/or contributing to this cause. And yes, we will definitely acknowledge their contributions on this site publicly. But we will not allow any business interest taking advantage of IV for their own promotion or financial interests.

    There have been members who post insulting messages on the site and get banned. Once they get banned, they go to other sites and post negative messages against IV. IV has refrained from exposing them or countering them. We have better things to do and do not have time for their nonsense. However this thread should now tell our members how difficult it is to moderate our forums so that it does not go out of control and how we take decisions to ban members. We do not like to ban anyone. But only ban when it crosses the line.

    We are not scared of any threats. Infact we have received threats from all kinds of people. As long as we do what is right and in the interest of our members we are certain we will win this struggle for which IV was created.



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  • chanduv23
    10-14 04:33 PM
    Its good that we've progressed a bit. Hope there is no more retrogression and USCIS actually processes applications of people per the bulletin...

    USCIS predicts retrogression as they say there is a lot of cases.





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  • Canadianindian
    02-10 07:30 PM
    Did you file for I-485? If so, what is the address mentioned in the I-485 application? If it is US address, then you should be residing at that address.

    I-485 application indicates that beneficiary is residing in the USA and applying for adjustment of status.

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin

    The address on 485 is a US address. I was in Jersey City when my firm applied for 485. However, subsequent to 180 days of filing, I transferred to Detroit practive with the same firm. And, I provided my cousin's address in Detroit where I lived temporarily. Subsequent to that, I moved to Windsor, Canada, because it is a nicer place to live.

    I did consult with my attorney at that time, and she suggested that it is fine for me to live in Canada.

    Your suggestions?





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  • eb3_2004
    08-26 07:11 AM
    I live in Downtown Chicago...Add me into this chapter





    ajayabhichandani
    05-24 02:56 PM
    Done , send from NJ. Keep it up IV





    Onesimus
    03-31 05:27 AM
    OT : Haha, its hard to win a competition without your friends supporting you :) I'll congratulate the winners in advance :D



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