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02-09 12:48 PM
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priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
n.narayan
09-23 09:28 AM
Filed I-485/EAD for me & spouse on : July 23th to TSC.
Received on : July 24th.
Receipts Notice date : Sept 13
Receipt Received : Sept 20.
EAD : Not yet
FP : Not yet
Received on : July 24th.
Receipts Notice date : Sept 13
Receipt Received : Sept 20.
EAD : Not yet
FP : Not yet
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desi3933
06-22 01:36 PM
Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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amitjoey
11-17 05:33 PM
Posted on the Northern California chapter.
Chapter leaders- Please post on your chapter groups.
If you know your state chapter leaders, please ask them to post on the yahoo groups.
Chapter leaders- Please post on your chapter groups.
If you know your state chapter leaders, please ask them to post on the yahoo groups.
kshitijnt
05-12 01:17 AM
The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Yeah no one else does fraud, another anti Indian in this forum.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Yeah no one else does fraud, another anti Indian in this forum.
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dtekkedil
07-03 12:51 PM
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mariusp
03-18 07:57 PM
Most of us filed in July but had our cases transfered to TSC later. For example, I filed July 12 @ NSC and the receipt was generated on Sept 10 from TSC. I know of others with ND Sept 10 @ TSC who didn't receive FP notices, including coworkers of mine. It looks like someone at TSC took a few shortcuts during the receipting process.
My frustration comes from the fact that I've called three times and opened SRs but still nothing. I don't see how someone can honestly screw up three times and fail to schedule a simple FP appointment. If this is such a huge task for them you can imagine how the entire process is handled and why we 're all stuck waiting for name checks, priority dates, processing dates, biometrics appointments, extended reviews, and the rest of the crap...
By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.
My frustration comes from the fact that I've called three times and opened SRs but still nothing. I don't see how someone can honestly screw up three times and fail to schedule a simple FP appointment. If this is such a huge task for them you can imagine how the entire process is handled and why we 're all stuck waiting for name checks, priority dates, processing dates, biometrics appointments, extended reviews, and the rest of the crap...
By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.
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nefrateedi
09-18 05:21 PM
Hello,
As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.
So I'm still waiting to hear from the lawyer abt the receipts.
And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.
I will let you know once my receipts are in.
Thx
Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D
As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.
So I'm still waiting to hear from the lawyer abt the receipts.
And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.
I will let you know once my receipts are in.
Thx
Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D
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mani_r1
09-01 03:12 PM
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gccovet
02-09 02:14 PM
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Thank you all,
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Thank you Kate123 for your kind contribution!!
GCCovet
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Thank you Kate123 for your kind contribution!!
GCCovet
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July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 11, at 11.24 am at Nebraska signed by F.HEINAUER
-----------------------------------------------------
technoboy
jthomas
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
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diptam
06-27 10:33 AM
May end i had 11 day bench but they paid in full... They are good in some aspects that's why i stayed with them for 2.5 yrs....
But signing a binding contract for an indeterminate period ( I yr after GC)
is making me worried !!
If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.
But signing a binding contract for an indeterminate period ( I yr after GC)
is making me worried !!
If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.
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abq_gc
08-19 12:13 PM
My 2 paisa ( though it has no value anymore anywhere)
First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.
How do we get the right kind of information from USCIS?
Here are the steps
a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.
By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.
Comments are welcome.
I agree.. the amount of fees paid to USCIS keeps on increasing every year and the customer service degrades proportionally every year.. they need to understand that they are there for US(the legal immigrant community).. we have to make USCIS's proceedings more transparent and make them more accountable.. whats happenening with EB2-I can very well happen with EB-3 in the future...once they become current....
First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.
How do we get the right kind of information from USCIS?
Here are the steps
a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.
By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.
Comments are welcome.
I agree.. the amount of fees paid to USCIS keeps on increasing every year and the customer service degrades proportionally every year.. they need to understand that they are there for US(the legal immigrant community).. we have to make USCIS's proceedings more transparent and make them more accountable.. whats happenening with EB2-I can very well happen with EB-3 in the future...once they become current....
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sanatshah
02-14 01:23 PM
Paypal transaction ID for this payment is: 4P5189671W405652X
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alterego
03-08 05:15 PM
I agree that now their spillover policy is more horizontal than vertical.
Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.
Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.
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panky72
09-17 05:42 PM
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
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eb3_nepa
06-20 10:35 AM
A question about CIR. Currently isin't it more beneficial for anti-immigrants to just ensure that absolutely NOTHING is done to CIR? That way the Senate version of CIR never sees the light of day, but since it doesnt die either, no other legislation can come into place.
I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?
I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?
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dixie
12-14 06:25 PM
F4 visa in CIR is the only clause that has self-petition for legal immigrants - again not sure if it is effective retrospectively. Speaking of travesties, what we are going through is already a big one. Frankly, we will be lucky to get any relief at all, let alone hard-to-pass clauses like self-petitioning. From what we saw during CIR, even die-hard pro-immigrant senators like Ted Kennedy aren't too keen on self-petitioning for legals.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
jonty_11
02-07 12:07 PM
Hi Lasantha,
Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.
Thanks again !!
it is on teh Canada immi website, on the GUIDE to fill forms...
Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.
Thanks again !!
it is on teh Canada immi website, on the GUIDE to fill forms...
eb3_nepa
05-03 05:01 PM
Only if PD is current!!!
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
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