Almond
08-09 06:50 PM
I called today to help a friend who has been stuck in namecheck status for almost a year and a half and spoke to an immigration officer who calmly explained to me that the name check isn't done only nationally but also "internationally" meaning, not only do they do a background check on you in the US, they also look you up in your country of origin. In all my time reading about this I have never heard her version before, so I had assumed the namecheck was only done at the national level. No wonder it's taking so long, with the FBI waiting for a response from those countries. :(
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augustus
06-29 05:21 PM
In America, Lawsuits are filed for mental agony. The agony we all go through to come out as a permanent resident is over the top.
Any issue, any matter, if there is mental agony, people here file for lawsuits. Heard in the news recently that airport security officials asked a woman to throw her baby's milk bottle and she was all over in the news and crying her wits out at the agony she had to go through just for security officials asking her throw her baby's milk bottle.
Here, our life hangs by a thread. We are used as puppets. Cheapest people on earth. And no one is there to even cover our news. Paris Hilton takes the front page and millions of people whose life's on hold is not an issue.
Where is the American Dream I ask?
Any issue, any matter, if there is mental agony, people here file for lawsuits. Heard in the news recently that airport security officials asked a woman to throw her baby's milk bottle and she was all over in the news and crying her wits out at the agony she had to go through just for security officials asking her throw her baby's milk bottle.
Here, our life hangs by a thread. We are used as puppets. Cheapest people on earth. And no one is there to even cover our news. Paris Hilton takes the front page and millions of people whose life's on hold is not an issue.
Where is the American Dream I ask?
FrankZulu
06-25 11:52 PM
PERM EB2 India
PD:Feb 2006
I-140 Approved
BEC EB2 from same company
PD: Dec 2004
Just approved today
I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
as I don't want to take chance with refiling I-140 for PD Dec 2004.
In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
PD for my pending I-485 if dates are current for that PD?
Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.
http://www.murthy.com/news/UDpen485.html
According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case
"The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."
Anybody please advice if this is still true and based on that
for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?
PD:Feb 2006
I-140 Approved
BEC EB2 from same company
PD: Dec 2004
Just approved today
I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
as I don't want to take chance with refiling I-140 for PD Dec 2004.
In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
PD for my pending I-485 if dates are current for that PD?
Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.
http://www.murthy.com/news/UDpen485.html
According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case
"The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."
Anybody please advice if this is still true and based on that
for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?
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kph
06-29 05:20 PM
My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?
Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...
I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?
Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...
I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.
more...
smisachu
09-25 11:55 AM
This link is not working. (Page not found). can someone repost.
Thanks
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
FYI :Goto Page 5 for India
Some Greens Please !! :)
Thanks
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
FYI :Goto Page 5 for India
Some Greens Please !! :)
TeddyKoochu
10-06 11:50 AM
Many Many congratulations SOP, I have been reading and following your case. Your case is one of the best glowing example that persistence to truth always pays, sometimes the path maybe tough but never give up and never say die. All the best to you and your family, must have been a very special feeling that all the effort finally resulted in success.
more...
punjabi77
11-19 11:57 PM
I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
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trueguy
08-21 11:44 AM
There are laws and there are exceptions. Basically there are no Laws when it comes to Immigration. USCIS/DOS can do whatever they like.
Look at Jul'2007, people with EB3 PD of 2004 got approved and people with 2001 are still waiting.
Look at EB2 approvals these days. People with 2006 PD are getting approved and people with 2004 PD are still waiting.
Can somebody explain how PD in each VB goes backward? Is it possible to get new applications with older PD in between? Don't they have computers with all the data where they can see how many applications are pending?
Howcome they were giving unused numbers to EB3 till last year and how come they changed the interpretation this year. The rule didn't change, they simply changed their interpretation of it.
If EB3 would have known about this new interpretation then they would have never applied in EB3 category.
Bottomline is there are no rules. USCIS/DOS is doing whatever they like and playing with our life. Nobody knows how many applications are pending. Nobody can predict the VB movement, it goes forward and backward. We cann't plan our lives and live in limbo all the time.
Look at Jul'2007, people with EB3 PD of 2004 got approved and people with 2001 are still waiting.
Look at EB2 approvals these days. People with 2006 PD are getting approved and people with 2004 PD are still waiting.
Can somebody explain how PD in each VB goes backward? Is it possible to get new applications with older PD in between? Don't they have computers with all the data where they can see how many applications are pending?
Howcome they were giving unused numbers to EB3 till last year and how come they changed the interpretation this year. The rule didn't change, they simply changed their interpretation of it.
If EB3 would have known about this new interpretation then they would have never applied in EB3 category.
Bottomline is there are no rules. USCIS/DOS is doing whatever they like and playing with our life. Nobody knows how many applications are pending. Nobody can predict the VB movement, it goes forward and backward. We cann't plan our lives and live in limbo all the time.
more...
drirshad
02-25 01:55 PM
www.oh-law.com
Comprehensive Immigration Reform Act of 2006
02/24/2005: Sen. Arlen Specter's "Comprehensive Immigration Reform Act of 2006" Draft
AILA has obtained and summarized the draft of Senator Specter's draft of Comprehensive Immigration Reform Act of 2006, which will be introduced in the Senate Judiciary shortly (March 2, 2006). This is basically a Republican bill that put together various pending bills with some adjustments, such as the PACE Act, McCain-Kennedy bill, and other Comprehensive Immigration Reform bills. We are happy to report that when it comes to the employment-based immigration, this bill incorporates the following key elements:
Recapture of employment-based immigration visa numbers since FY 2001
Exempt from the employment-based numerical limitation of the spouses and children of the EB immigrants
Exempt from the employment-based numerical limitation for (1) the advanced degree holders in Science, Technology, Engineering, or Mathematics with 3 years of work experience in the major fields in the U.S., or (2) National Interest Waiver EB-2. (For comparison with other bills, please revisit our summary report on 08/18/2005 in the Breaking News Archive.
Increase of employment-based immigrant quota from 140,000 to 290,000 with the allocations in EB-1=15%, EB-2=15%, EB-3 Skilled Worker/Professional=35%, Other Worker (Unskilled)=Upto 30%, and EB-4 Investor Immigrant=5%.
Special green card eligibility for the U.S. Doctorate Degree holders under the new F-4 visa program in Mathematics, Engineering, Technology or Physical Sciences with full full-time employment
Increase of H-1B annual quota from 65,000 to 115,000 or a market-based increase beyond 115,000
H-1B cap exempt for those advanced degree holders in the fields of Science, Technology, Engineering or Mathematics (not limited to the U.S. degree holders)
New F-4 visa for those pursuing advanced degree program in Mathematics, Engineering, Technology or Physical Sciences with the accompanying benefits of "intending immigrant" in certain cases, special handling labor certification application for immigration, and for the doctoral degree holders in the U.S., green-card eligibility
OPT period change for all the F-1 students from the current 12 months to 24 months and off-campus employment opportunity unrelated to the filed of study on or off academic terms under certain conditions.
Comprehensive Immigration Reform Act of 2006
02/24/2005: Sen. Arlen Specter's "Comprehensive Immigration Reform Act of 2006" Draft
AILA has obtained and summarized the draft of Senator Specter's draft of Comprehensive Immigration Reform Act of 2006, which will be introduced in the Senate Judiciary shortly (March 2, 2006). This is basically a Republican bill that put together various pending bills with some adjustments, such as the PACE Act, McCain-Kennedy bill, and other Comprehensive Immigration Reform bills. We are happy to report that when it comes to the employment-based immigration, this bill incorporates the following key elements:
Recapture of employment-based immigration visa numbers since FY 2001
Exempt from the employment-based numerical limitation of the spouses and children of the EB immigrants
Exempt from the employment-based numerical limitation for (1) the advanced degree holders in Science, Technology, Engineering, or Mathematics with 3 years of work experience in the major fields in the U.S., or (2) National Interest Waiver EB-2. (For comparison with other bills, please revisit our summary report on 08/18/2005 in the Breaking News Archive.
Increase of employment-based immigrant quota from 140,000 to 290,000 with the allocations in EB-1=15%, EB-2=15%, EB-3 Skilled Worker/Professional=35%, Other Worker (Unskilled)=Upto 30%, and EB-4 Investor Immigrant=5%.
Special green card eligibility for the U.S. Doctorate Degree holders under the new F-4 visa program in Mathematics, Engineering, Technology or Physical Sciences with full full-time employment
Increase of H-1B annual quota from 65,000 to 115,000 or a market-based increase beyond 115,000
H-1B cap exempt for those advanced degree holders in the fields of Science, Technology, Engineering or Mathematics (not limited to the U.S. degree holders)
New F-4 visa for those pursuing advanced degree program in Mathematics, Engineering, Technology or Physical Sciences with the accompanying benefits of "intending immigrant" in certain cases, special handling labor certification application for immigration, and for the doctoral degree holders in the U.S., green-card eligibility
OPT period change for all the F-1 students from the current 12 months to 24 months and off-campus employment opportunity unrelated to the filed of study on or off academic terms under certain conditions.
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qvadis
08-21 05:12 PM
In my opinion it is very naive to think that USCIS/DOL just realized that they had 'misinterpreted' the law. They had made it very clear how they allocated 'available' visa numbers after AC-21 was introduced, and I am sure they consulted with the law-makers.
It's almost funny to read that they consulted with today congress. How would they now of the intentions of the congress in 2000?
According to Ron's post, 70% are from India and China, and Mexico is also reaching the ceiling. They realized that the only way to shift those numbers is to give more visas to India and China. The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.
It's almost funny to read that they consulted with today congress. How would they now of the intentions of the congress in 2000?
According to Ron's post, 70% are from India and China, and Mexico is also reaching the ceiling. They realized that the only way to shift those numbers is to give more visas to India and China. The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.
more...
abuddyz
01-05 06:31 PM
Appt. date: Dec 20th, 2007
Received the PP by express mail on Dec 21st, 2007
Mumbai Consulate did not interview husband and myself. An Indian gentleman called us to the counter and told us that the VO had approved our H1B renewals and that we would receive the PP by courier the following day.
This is really good news.. Can you please provide more details of your case?
- was it first H1/H4 stamping or renewal?
- do you have I140/I-485 application filed?
- did your employer do anything to inform the US consulate in advance about visa stamping?
thanks in advance,
Received the PP by express mail on Dec 21st, 2007
Mumbai Consulate did not interview husband and myself. An Indian gentleman called us to the counter and told us that the VO had approved our H1B renewals and that we would receive the PP by courier the following day.
This is really good news.. Can you please provide more details of your case?
- was it first H1/H4 stamping or renewal?
- do you have I140/I-485 application filed?
- did your employer do anything to inform the US consulate in advance about visa stamping?
thanks in advance,
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gc_on_demand
10-01 10:00 AM
Even USCIS has pre adjudicated all AOS cases , DOS will not be in good shape to predict perfect cutoff date ever. WHY ?? Every year in Sep DOS move dates forward in order to prevent visa waste. Lets say because of these pre adjudicated DOS knows that they are 10k pending app before Sep 2004 and supply is 7k. Still they will move date till 2004 Oct just to give room to USCIS. If they move date to July 2004 which has 7k app and supply is also 7k and some how USCIS has problem approving some cases because of some reason then they will waste few visas.
Till last year DOS was moving date randomly but this year they had move date with little offset. In Oct they moved date forward little bit because DOS think USCIS will not be ready with those left over case from 2004. If they will then they will chew Oct supply and 2005 Jan applicants will not get any visas. Again supply in Oct is only few hundreds visas to only lucky people from 2004 and 2005 will get green card. I am hoping DOS will do quarter spill over where we can get almost 10k Spill over and dates can move to Dec 2005.
Till last year DOS was moving date randomly but this year they had move date with little offset. In Oct they moved date forward little bit because DOS think USCIS will not be ready with those left over case from 2004. If they will then they will chew Oct supply and 2005 Jan applicants will not get any visas. Again supply in Oct is only few hundreds visas to only lucky people from 2004 and 2005 will get green card. I am hoping DOS will do quarter spill over where we can get almost 10k Spill over and dates can move to Dec 2005.
more...
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Saralayar
01-20 01:51 PM
Friends,
Accelerate... Vote immediately... Make it to cross 1000... 10000...
Still showing votes=380 points.. Hurry up.. Bump^^^
Accelerate... Vote immediately... Make it to cross 1000... 10000...
Still showing votes=380 points.. Hurry up.. Bump^^^
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mohican
01-13 04:31 PM
I read the ombudsman update...
Have been trying to upload the file, but get an error even though it is within the specified size.
I wanted to see if others got the same denial notice...
mine explicitly states "There is no appeal for this decision"...is that standard or unique to my case
Have been trying to upload the file, but get an error even though it is within the specified size.
I wanted to see if others got the same denial notice...
mine explicitly states "There is no appeal for this decision"...is that standard or unique to my case
more...
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anjans
09-20 08:00 PM
July 2nd
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PD_Dec2002
06-29 04:45 PM
Wait for the Updates from USICS today/monday morning...If they didnt give any statement considering a lot of rumors/activity , defintely some bad news is in store ......
On the flip side, if this is only a rumor, then USCIS/DOS won't comment at all.
Thanks,
Jayant
On the flip side, if this is only a rumor, then USCIS/DOS won't comment at all.
Thanks,
Jayant
more...
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slowwin
08-07 02:20 PM
I think IF we stress for FIFO principle then jumping lines , ships will be taken care of by themselves. let RD be used and PD recaPture request date on the letter be RD.
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kshitijnt
07-13 02:30 PM
I pity Gonzales now, may be Chertoff called him up and said why on the earth is he responding to flower campaign? Or may be Walter Reed Soldiers refused to accept mourning flowers. LOL....
I smell something fishy... is it just me???
If that is a case then maybe Chertoff needs some flowers
I smell something fishy... is it just me???
If that is a case then maybe Chertoff needs some flowers
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lazycis
04-17 05:06 PM
8 USC 1324b
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment�
(A) because of such individual�s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual�s citizenship status.
(3) �Protected individual� defined
As used in paragraph (1), the term �protected individual� means an individual who�
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment�
(A) because of such individual�s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual�s citizenship status.
(3) �Protected individual� defined
As used in paragraph (1), the term �protected individual� means an individual who�
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.
gc28262
08-07 10:17 AM
Only thing I know is that if you come before me in the line I am affected. It is not a DMV line where every one will get their License, it is a ration line where the items are limited.
Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.
You have every right to look after yourself. But it should not be at the expense of your comrades who are affected by this unjust system more than you are.
Solution: direct your ire against the system that is unjust to you. ( USCIS, DOL, Gov etc). That is what IV is trying to do. Let them give enough visa numbers for EB based applicants.
If many of the great leaders of the world were as selfish as we are, we would all be a herd of animals.
Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.
You have every right to look after yourself. But it should not be at the expense of your comrades who are affected by this unjust system more than you are.
Solution: direct your ire against the system that is unjust to you. ( USCIS, DOL, Gov etc). That is what IV is trying to do. Let them give enough visa numbers for EB based applicants.
If many of the great leaders of the world were as selfish as we are, we would all be a herd of animals.
sledge_hammer
11-25 02:23 PM
It would have been ideal if they mandated 1:5 ratio. Unfortunately, with lax lending standards and unregulated banking, people made almost zero down payment (instead of the normal 20%) and bought into loans they couldn't afford in the first place.
I would still blame the borrower 95% for all the mess.
Almost similar except:
1. You can't sell with a single click on E-Trade
2. Unlike stocks You pay taxes on your house every year.
3. You are leveraged 1:5 in your investment.
4. Your real estate investment is based on debt while stock (with an exception of margin calls) is purely on cash.
5. In stock you can never loose more than you invested. (again margin calls are exception)
6. You don't pay to play or you don't constantly have to pay to keep what you have invested.
7. Govt don't give you tax breaks to buy stock.
8. Equity holders are never bailed out by govt.
That makes real estate much leveraged and bigger liability than stock could stock ever be. And somehow govt. wants to promote home owner society but discourage stock ownership or saving minded frugal individual investors like us.
I would still blame the borrower 95% for all the mess.
Almost similar except:
1. You can't sell with a single click on E-Trade
2. Unlike stocks You pay taxes on your house every year.
3. You are leveraged 1:5 in your investment.
4. Your real estate investment is based on debt while stock (with an exception of margin calls) is purely on cash.
5. In stock you can never loose more than you invested. (again margin calls are exception)
6. You don't pay to play or you don't constantly have to pay to keep what you have invested.
7. Govt don't give you tax breaks to buy stock.
8. Equity holders are never bailed out by govt.
That makes real estate much leveraged and bigger liability than stock could stock ever be. And somehow govt. wants to promote home owner society but discourage stock ownership or saving minded frugal individual investors like us.