Since ther is plenty of approval going on everyday.
They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.
I-485 - Sent July5th.
RD - ?
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o Nothing materially and noticeably. A minor nuisance out of the way.
- What did you do on the day you received it?
o Was glad but no celebration.
- How did the long wait upset your life?
o Yes for a while. But the entire episode changed my outlook and showed me a different perspective. After being frustrated for a while I realized I should not called myself �skilled� if I cannot navigate the rather simple green card mess. People are successful despite extraordinary physical handicaps and here I was restraining myself under the simple excuse of GC. I realized that I had to and could create oppurtunities for myself, without GC and without being in the US. Fortunately at that very time I got my EAD (June 2007). I gave myself a hard limit of 1 year and if GC did not materialize in a year I would ditch the effort and move to plan B. By april this year I began taking steps towards a change of job. My prospective job title was going were different but I was willing to risk the GC. Now I was wishing I should not get a GC since I would need to shelve plan B for 6 months. And suddenly on May 1st I got the GC, just when I did not want it!
- How did immigrationvoice help you during this long wait?
o Tremendously. When GC was important to me, it gave me a platform where I could act to make a change. I haven�t been active but just contributed a couple of hundred dollars to the cause.
- Would you like to continue your support to immigration voice and help others waiting?
o No, the cause has long ceased to be important to me.
- Any advice for everyone?
o Don�t create impediments for yourself by hanging onto GC and getting frustrated. Move on, there is plenty of good life outside clutches of GC!
Good luck to all, with or without GC life will work out good for you and your families!!
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You are dot on....it is the process of attrition....harass them enough that they self deport or leave...
BTW forget about the writing skills ..what are your options??
Nothing other than INDIA if you get kicked out.
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if u got the skills there's not stopping any one.:)
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
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Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
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Keep it up..
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This might have a huge impact on people who held a H4 b4 switching to H1B!
GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...
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There was a question and answer section on this site and i found this which might help us..
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
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You must have already done some of this - try to contact your local Congressman, Attorney, Employer and try to find more info. This is completely unacceptable. After the PIMS introduction, I am hearing a lot of horror stories. It never used to be so bad earlier.
How can the consulate keep passports for so long? Basically, they are even barring you from taking any journey anywhere abroad. Why?
National security and background checks are a must but with someone who has been in US for 5+ years (or for that matter even once) should already have been verified.
I am assuming you do not have AP or do not want to use it...otherwise you can ask for your passports, abandon the visa application and enter US using AP. Talk to your attorney if you try this..
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please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
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You must submit two identical color photographs of yourself taken within 30 days of the filing of this application. The photos must have a white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. NOTE: Digital photos are NOT acceptable.
In the latest RFE, they didnt say anything about digital. Just wanted me to submit another set of pics.
Can you please explain in detail what the RFE was about? What was it that USCIS did not like about your photos?
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The only thing that came to my mind is regarding verification of degree certificates or experience letters mentioned on your Biographic Information form. Go to Local office and check.
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Also how uscis can crack down on %age system.
Once H1Bs enter US, its hard to track and crack down on a % age system. So they are trying to crack down at the visa stamping stage.