gc_on_demand
05-01 03:06 PM
Adding dependents/derivative is based on primary�s PD and app status.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
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ushkand
07-20 10:03 AM
I pledge $100. Thanks IV for all your efforts.
mirage
03-06 04:34 PM
For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
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CADude
08-01 01:14 PM
Yes
SRC - Texas Svc Cnt
LIN - Nebraska Svc Cnt
My i-140 no. starts with SRC 06, is this also from Texas?
SRC - Texas Svc Cnt
LIN - Nebraska Svc Cnt
My i-140 no. starts with SRC 06, is this also from Texas?
more...
mirage
03-10 12:54 PM
I will request you 'Not to turn this into a EB-3/Eb-2' fight, as everybody is suffering, we are on this forum itself means all of have an issue...It's just that for some people it could be a wait for another 3-4 years but for others it could be a wait for 20 years....if Congress doesn't make any change to the existing laws...But what people are fearing in this climate if we go and tell the congress that we are in a 20 year wait, instead of doing any good they can harm us more. Now, how much you want to take that risk is the question. In my opinion I don't see that kind of risk, with the kind of things we are asking, but some people see that risk, it's their way of thinking...
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
makemygc
08-09 10:46 AM
My lawyer told my checks cashed today. My details
EB2 -> PD Sept 2003
I140-> Applied to NSC-> Approved by TSC->March 2007
I485->Applied to NSC -> Delived to NSC on 26th June-> checks cashed on Aug 9th by TSC
TSC is moving like a snail. Last week we saw just couple of cases getting receipt or checks chased for Jun 26 or less and even this week TSC has not moved a day.
Is there anyone who got their checks cashed for the TSC case submitted to NSC on June 27th onwards?
EB2 -> PD Sept 2003
I140-> Applied to NSC-> Approved by TSC->March 2007
I485->Applied to NSC -> Delived to NSC on 26th June-> checks cashed on Aug 9th by TSC
TSC is moving like a snail. Last week we saw just couple of cases getting receipt or checks chased for Jun 26 or less and even this week TSC has not moved a day.
Is there anyone who got their checks cashed for the TSC case submitted to NSC on June 27th onwards?
more...
senk1s
07-22 12:55 AM
Has anyone done Landing and did next day H1 stamping at Canada?
Thanks in advance
Yes we have done that in Vancouver ... Landing ... next day H1 interview ... the next day to collect passport, the next day return to US
Thanks in advance
Yes we have done that in Vancouver ... Landing ... next day H1 interview ... the next day to collect passport, the next day return to US
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SunnySurya
08-18 01:59 PM
What we are asking is just fairness and transparency in the system.
Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.
Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.
more...
gc_lover
07-02 08:39 AM
Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.
Anyone know if they accept packages on Saturday?
Anyone know if they accept packages on Saturday?
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andycool
08-27 12:52 PM
Another case I can remember is andycool on this forum
buddy you remember me ;) :)
yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..
Got CPO on 24 ..
thanks
buddy you remember me ;) :)
yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..
Got CPO on 24 ..
thanks
more...
Ramba
07-12 11:59 PM
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
-Learn about what is law, rules, regulation; which is binding which is not; then post here.
http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
http://www.immitips.com/?p=1116
Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck
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gc_lover
07-02 08:52 AM
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
more...
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gopikrishnayr
09-07 01:13 PM
You will recieve 3 reciept numbers on the nback of your check, one for 485, one for EAD and another for AP
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probe
09-12 02:52 PM
My I-140 approved from TSC. I had sent my I-485 to NSC and I was expecting my application will be transferred to TSC.But, I received receipt from NSC.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
more...
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diptam
06-22 04:46 PM
Its good that would mentioned clearly that 485 even can get DENIED without employer letter.
My employer told me earlier during joining in 2005 that ther will pay for all costs of GC (LC,140,485) now its seems like I have to pay my employer to get the essential documentations for 485 - What a Irony !!!
Green card - Huh :D
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
My employer told me earlier during joining in 2005 that ther will pay for all costs of GC (LC,140,485) now its seems like I have to pay my employer to get the essential documentations for 485 - What a Irony !!!
Green card - Huh :D
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
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amitjoey
07-05 01:57 PM
i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
more...
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rajuseattle
08-15 03:52 PM
It could be the mass system update at TSC as indicated in other forums.
Lot of folks at TSC are experiencing this LUD on 08/12
Lot of folks at TSC are experiencing this LUD on 08/12
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rbharol
10-25 04:24 PM
Can somebody ask these people (who are opposing immigration), how many of them are kids, grandkids or grand-grand kids of immigrants themselves?
Will they conduct a poll on it?
Will they conduct a poll on it?
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xyz
07-10 06:19 PM
http://in.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2007-07-11T035044Z_01_NOOTR_RTRMDNC_0_India-284101-1.xml
my2cents
09-19 05:56 PM
Any solid prediction on EB-3 I
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
hiUS
09-03 02:23 PM
Did you change your mailing address after you submitted your I-485?
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
It seems he received the Approval Notice by post without the cards (same as me) on 8/18/08. So, the address should not be a problem.
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
It seems he received the Approval Notice by post without the cards (same as me) on 8/18/08. So, the address should not be a problem.
