smuggymba
08-21 12:35 PM
Thread Starter - unless you tell EXACTLY which GC category you fall in, when exactly was it applied - is the employment based, family based or what........ur asking questions but tellt he TECHNICAL details of your case..rather than saying USCIS is bad etc.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
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mhtanim
10-20 03:47 PM
McCain was in favor of two major immigration bills. I guess he has better chances to do something about immigration. On the other hand, Obama has never voted for any major immigration bill and who knows what he really will do. Also, people assume that Obama is close to senator Dick Durbin who tried to screw the legal immigrants many times. If Obama wins and Dick Durbin becomes a more influential senator, we probably will be screwed even big time.
Nobody knows who will win the election. What I find interesting is that many assume McCain will somehow help us to speed up our GC process. I don't know who will do what as the economy is in the toilet. I don't think either one will do anything about immigration for next 4 years as they have other things to take care of and legal immigration probably won't be a priority.
However, if no changes are made and things keep going the way it has been going for a while such as - dollar keeps falling, economy keeps going down, businesses keeps going bankrupt - you may not even have a job for too long. With no job, you can pretty much say "goodbye" to your GC right there.
So who really is better? Anyone?
Nobody knows who will win the election. What I find interesting is that many assume McCain will somehow help us to speed up our GC process. I don't know who will do what as the economy is in the toilet. I don't think either one will do anything about immigration for next 4 years as they have other things to take care of and legal immigration probably won't be a priority.
However, if no changes are made and things keep going the way it has been going for a while such as - dollar keeps falling, economy keeps going down, businesses keeps going bankrupt - you may not even have a job for too long. With no job, you can pretty much say "goodbye" to your GC right there.
So who really is better? Anyone?
zuhail
03-11 09:27 PM
Before starting new fund raising...do you consider to contribute for the current drive.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
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nfinity
06-11 05:52 PM
to IL senator
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Googler
02-20 02:54 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
abhijitp
07-24 04:09 PM
USCIS has released a press release July 23, 2007. Check QUESTION 13
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
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waitnwatch
07-28 01:06 PM
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
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feedfront
09-17 12:40 PM
My attorney has not received it yet.
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Imigrait
01-30 02:46 PM
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
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GCcomesoon
03-06 11:33 AM
Hi
So what do we have coming in April bulletin ? I'm not discussing any predictions here but based on some information found on the web & in different forums , it looks like Eb2 might move ? Does anyone agree to the logic for this movement ? Is there any movement expected for EB3 - India , because with the Name check gone & some old cases getting approved , shouldn't the EB3 dates move forward ?
Thanks
GCcomesoon
So what do we have coming in April bulletin ? I'm not discussing any predictions here but based on some information found on the web & in different forums , it looks like Eb2 might move ? Does anyone agree to the logic for this movement ? Is there any movement expected for EB3 - India , because with the Name check gone & some old cases getting approved , shouldn't the EB3 dates move forward ?
Thanks
GCcomesoon
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reddymjm
09-10 06:12 AM
IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
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feedfront
10-05 03:10 PM
Hi Guys,
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
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EB3_SEP04
05-26 06:15 PM
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
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Googler
05-20 09:53 PM
I had scanned a copy of DHS 7001 and emailed to Ombudsman last Wednesday (special thanks to Googler for all his informative messages). Also, when I spoke to TSC IO three weeks ago, the IO mentioned that they will email the 485 team based on my case details....not sure what triggered an action to my case....but whatever it was....I'm glad it did!! :) Congratulations Harish! Btw, Googler is a her not a his. :)
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gc_wow
02-28 01:33 PM
Commodity prices like crudeoil,steel,wood used in construction are at lowest since a decade.The commodity prices will not go back to 2006 levels not in near future,so already constructed houses have lost almost 70% value in them.Bail out or another help will not sort this issue.Only free market has to solve the issue.For housing to get to 2006 levels there should be huge housing boom in China,India where they have huge populations.People in India are poor so they cant afford a house even if they want one.China wont spend they are intersted in buying US treasuries.So the only option for the bank is to write off these houses.Govt help for home owners will be only a drop in the ocean.
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ajthakur
07-14 06:09 PM
I know I acted irresponsibly. Under the circumstances I had to. The person employing me was trying to use me for (something) for which my conscience didnt allow. So the decision to quit was best. I can't write all the circumstances here. I knew I could get into problems with immigration department for my irrational yet moral decision to quit company before 180 days. I think this problem with USCIS is far more acceptable than doing something for your employer that your heart doesnt allow you to.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
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svbp007
02-24 01:53 PM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
There should not be a problem with your L1. It was a requirement to get L1...not to stay on L1. Given that L1 is a dual intent category...it does not make sense either.
I know directly of a case where the company from which a colleague came from India was sold to another company ....but because in the preceding 3 years the Indian company was an affiliate...it was OK.
What L1 requirements are you talking about ?...is there any rule that you saw that states that if the subsidiary closes L1 becomes invalid?...can you provide that link/info ?
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
There should not be a problem with your L1. It was a requirement to get L1...not to stay on L1. Given that L1 is a dual intent category...it does not make sense either.
I know directly of a case where the company from which a colleague came from India was sold to another company ....but because in the preceding 3 years the Indian company was an affiliate...it was OK.
What L1 requirements are you talking about ?...is there any rule that you saw that states that if the subsidiary closes L1 becomes invalid?...can you provide that link/info ?
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Jaime
09-10 08:36 PM
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desperatedesi
07-23 08:18 PM
Hi,
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
ratiwari
07-24 01:14 PM
As far as I know my attorney wanted employment letter only for those whose I-140 approval did not come .With I-140 approved you don't need employment letter. I-140 deals basically with the status of employer.
kpchal2
07-18 10:01 AM
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
Is it possible to ask them if they have the file with them and ask them to do a name check on the applications or some kind of relevant information related to the application. i am sure they should have put the files some where with some easy to identify tags. can some one call the uscis, i am planning to do with the nexy 40 min as that is when it is 8 here in the pacific coast :-)
Is it possible to ask them if they have the file with them and ask them to do a name check on the applications or some kind of relevant information related to the application. i am sure they should have put the files some where with some easy to identify tags. can some one call the uscis, i am planning to do with the nexy 40 min as that is when it is 8 here in the pacific coast :-)
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