Sunday, July 3, 2011

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  • texanguy
    10-01 03:25 PM
    This point has been already discussed before.it was mentioned that married dependents can be added later on if their country of birth is different...

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    How come there is pending cases in 2007, 2008 and 2009 for EB2 and EB3 India?

    From the PDF I see the following

    EB2
    2007 after july fiasco - 559
    2008 - 178
    2009 - 9

    EB3

    2007 after july fiasco - 466
    2008 - 88
    2009 - 5

    My understanding is that the visa bulletin were never open for priorty dates from Aug 2007 to till date....EVER..

    I may be missing something..





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  • trueguy
    09-24 04:41 PM
    EB3-I can benefit only if per country cap is removed. Can IV do something to get this done as part of Admin Fix? Otherwise EB3-I will rot in 2001/2002 for next 3 more years.





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  • anda007
    07-11 10:24 AM
    Hi all,

    Thanks so much for all of you who emailed and called to share your stories
    with me. I tried to get as many of your voices in as possible, but length
    restraints reigned, so I apologize to those that I had left out. Please
    forward this email to anyone you know that may have talked to me, but
    didn't leave me their email.

    A quote that did not end up in the article, but I think you should know.

    Congresswoman Zoe Lofgren, the chairwoman of the House subcommittee on
    immigration:
    "I have a lot of sympathy. I don�t know their names, but maybe I'll see
    them at our hearing. To wait as long as these people have is difficult. A
    lot of work and money has been put into the process. This is a cruel joke.
    [To those who have been affected,] I am sorry that our bureaucracy has
    dealt with you in such an incompetent manner and I hope to make it better."

    here's the link in case anyone is looking for it.
    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html

    I wish you the very best of luck in your efforts.

    all best,
    Xiyun

    ~~~~~~~~~~~~~~~~
    Xiyun Yang
    Staff Writer, Financial Desk
    The Washington Post
    1150 15th Street, NW
    Washington, DC 20071
    202-334-6701





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  • gg_ny
    08-09 04:11 PM
    If a bad person who is going to fail a name check is already in the country, then name checks are not going to deter him from doing his thing. Just because a name check is pending without a GC means nothing to a potential bad guy.
    If a foreigner tries to become a governor or tries to join a govt agency he goes through a lot more special screening than just name checks. It should be up to the FBI to fail or pass a name check and all benefits should be revoked if the FBI fails a name check. This is going to be rare and there is no need to fight the battle for somebody who fails a name check (which is where your argument is so extremely stupid). It happens in other spheres too, sometimes people lose their jobs after many years if the company finds that you falsified information like degree etc.

    I am not going to stretch this discussion beyond this as it seems to me spiraling out of limits of reason. Of all the things you said to support your argument, the first part of your latest mail will kill any support you might get from any normal person. From your arguments I think may be you should change your name to "stupiddesi". YOu would even clear your namecheck easily; or may be not - too many of them ;-)



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  • prav27
    01-16 10:18 AM
    Hello,

    I have to travel to India this month and still in a dilemma whether to take a Visa appointment or to travel on AP, I don't see many experiences from Delhi consulate so having difficulty in deciding.

    Please post any experiences related to PIMS delay at Delhi consulate.


    Thanks





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  • sunsuri
    01-27 10:08 AM
    As I said before, I am never going to fly thru UK, even though I sill have a transit visa valid till Nov 2008. I can still feel the pain.

    Last time I had travelled by British Airways in 2004 and I have made a resoultion for never tavelling with them again. We had a baby 2 years old and he was cranky and my wife asked airhostess to clean the feeder and she refused, saying that 'Mam we don't do this!'. Point is that they don't treat us well even though they get lot of income on routes to India. Also, look at those crappy old planes they deploy on these routes. As someone else said in this thread that it is time for Indian Govt. to wake up and be stiff on such lapses. I am sure they will listen, as they can't afford to lose big bucks coming from India anymore.



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  • ItIsNotFunny
    11-12 12:14 PM
    got a reply from ombudsman....iam sure others got this too...

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



    We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



    If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



    Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.



    Thank you for your cooperation.


    This is good. Seems like now they are aware of the issue. Cheers guys for step 1.





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  • eb_retrogession
    02-24 03:09 PM
    Pages 245 and 246 includes recapture clause

    Thanks for pointing that out. Yes it is all there :-)



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  • coolcat
    05-17 05:47 PM
    I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
    Here is my question:
    I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
    My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?

    D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
    1.You depart from the United States; or
    2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.

    The answer to my question is in bold, underlined. Hmmm. Doesn't favor me. :(





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  • suriajay12
    03-13 07:41 AM
    Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..

    RV

    www.change.gov. You will see "Agenda" as one tab. In that you can post it under immigration. There is a button called "Send or submit your ideas".
    The letter to send is in page 10 in this forum.



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  • bkn96
    11-14 08:18 PM
    I am new to forum. How to contact PD_reacpturing?





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  • delhiguy79
    03-05 09:31 AM
    Hi guys,

    I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.

    Thanks in advance.



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  • redsox2009
    04-04 04:09 PM
    We know EB2 - I dates have not moved since Oct ,2010 .
    So India regular quota for the last six months : 5800/2 = 1900 .

    Since dates have not moved, I am assuming 1900 should also be considered towards porting.

    so my conclusion is so far 1200 + 1900 = 3100 porting already took place. (though only 1900 really got GC)

    I think you meant to say 2800 not 5800. I'm correcting your statement.

    So India regular quota for the last six months : 2800/2 = 1400
    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)





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  • waitnwatch
    08-21 12:33 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -

    The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).

    Excerpt from Section 202 of the INA

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.


    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.



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  • grupak
    03-25 03:33 PM
    Those that have been effected by this EAD discrimination, file a complaint with the govt. Otherwise why are we here in IV asking for multi-year EAD?

    So what if EAD has to be renewed. GC also has a expiry date now. Next we will be asked to provide medical history to make sure we do not fall sick at work. EAD renewal is an inconvenience that the employer need NOT worry about.





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  • willwin
    08-07 10:34 AM
    But what if it is successful... What will happen then...

    May be you will fall from your bed!

    Wake up dude, enough of day dreaming.



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  • ram_ram
    01-05 08:42 PM
    I agree. The companies should feel the pain. our cause should get sympathy from the americans. We need publicity for our causes.

    Call up multiple rallies at the same time at different locations, NYC, DC, Boston, LA, SF...
    Look what the NY MTA workers did?





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  • yagw
    08-16 01:13 PM
    Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!

    Details:

    PD: 04 Jan 2006, EB2 I
    RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
    ND: 27 Aug 2007, NSC

    Didn't do anything in 2008 and decided to do everything possible this time around.
    Aug 3 - Primary I-485 SR,
    Aug 5- Primary EAD SR,
    Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
    Aug 10 - Opened an Infopass for Aug 18
    Aug 16, 8:30 am - Dependent SR
    Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
    Aug 16, 10:15 am - Wife called me to inform the good news, the online status change.
    Aug 16, 10:18 am - got the text message (which just said "check your status online").
    Aug 16: Got the CPO mail (time stamped 10:18am)

    Guys (and Gals), Hang in there and you will have your independence soon.

    Regards,
    Yet Another Greencard Wait (not anymore :)





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  • factoryman
    06-15 12:30 PM
    Do you have a question, comment, or give info about a previous post.
    I don't mind, you just copied my post from another thread (http://immigrationvoice.org/forum/showthread.php?p=83656#post83656)(minus the links).

    What are you tryiing to say?

    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485

    Medical Examination of Aliens Seeking Adjustment of Status - I-693

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765

    Application for Travel Document - I-131

    Affidavit of Support - I-134

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
    __________________
    We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current





    ashres11
    09-21 01:08 PM
    Let me tell you I am as anxious and frustrated as you all "July 2 filers, no action yet" are. But I am thinking about it a bit calmly, rather than thinking of doing something so that I feel that I have done something (i.e. complain, write to congressman, etc.). Expressing my anger by saying they should have done this or that, does not change the situation. I believe USCIS is working, as expected, with the capability/attitude of a government worker, treating our filings (which are so important to us) just another government office paper work. Best is just to wait for another 10 days, and if nothing is heard by then, take action as per procedures.

    Either India/USA or other part of world. All are same.





    spdy_mn
    06-29 05:10 PM
    Heard the same from my lawyer, she has changed her tune completely in 2 days. Now she says that she is hearing the same thing and is possible. They are working through the weekend and has asked me to keep my blackberry on me at all times as they will be providing emails updates every 4 hours or if and when the said bulletin is released.
    What law firm is that looks like a good one. If possible please PM me the details



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