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02-27 05:19 PM

Well my friend, don't bring your pretentious "I'm-so-great-I'm-non-judgemental-oo-la-la" BS here. If we don't make it clear in our replies that we do not condone any actions that break the law, we are just making it easier for anti-immigration people to easily point fingers at us and claim we are all drug peddlers or criminal.

I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.

As for you, think before you type!

With your history of getting rammed here i would avoid saying that if i was you,

I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.

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sanbaj

07-31 05:30 PM

Thanks, Sanbaj! Your response does help.
You are welcome !!

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pappu

02-20 03:09 PM

This is a FAQ on name check delays by USCIS and how USCIS will be approving the cases that are still pending.

http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf

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breddy2000

05-30 03:14 PM

Done

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akgind

07-13 07:02 PM

The difference, my friend, will come about once the DREAM Act passes in its present form. The undocumented child will pay in-state tuition, whereas your child will keep on paying out-of-state tuition. And in 3 years, the former will get premanent residency or GC, whereas your child will still be in the line for H1, EB2/3, at the mercy of USCIS.

So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?

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fun

01-04 08:52 PM

A guy came to USA and brought his wife along.... his friend says... why do U have to bring something which is available here.... and here is a Guy with with two wives...:D:D;);):o

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rolrblade

07-19 10:27 AM

What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.

I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.

There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.

Send me a PM if you need help with the appoitment website.

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meridiani.planum

07-20 03:37 AM

History does not repeat itself. The historians repeat one another.
Max Beerbohm


Sir Beerbohm was a parodist. I hope you have not taken something he said in satire and made it your life's mission statement ;)

If we are going to quote humorists, heres one that shares my view:

You must learn from the mistakes of others. You can't possibly live long enough to make them all yourself. ~ Samuel Levenson

I guess it does make life more exciting when we make decisions without thoughts to the past but I prefer learning from others experiences. Rather make new mistakes than do something stupid that 3 other people had already done.

You are of course entitled to your own views on life and debating this is perhaps of no use.

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GCaspirations

09-19 12:35 PM

Have you guys received finger Printing notices as of yet? I have not received the finger prinitng notice.
Is this going to delay the processing?
Just worried because of all the transfers happenning.

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lsuk

04-13 02:51 PM

Good news for some of us guys! They are now processing August 1, 2003 :) It moved 1 year forward.

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swamy

04-03 02:21 PM

Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says

"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"

I will keep the forum updated on any developments

"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine

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guy03062

07-02 04:21 PM

Medical (for me and my spouse) - $700
EAD / AP attorney's fees + filing fees (for my spouse) - $1140
Photographs - $55
Affidavit - $40
Upgraded I-140 to PP - $1500
==============
TOTAL = $3435
==============

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belmontboy

12-01 03:49 PM

Waitime tracker for my PD says june 2028.

The numbers in backlog data report show a rosy picture.

Which one to believe??

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kartikiran

12-28 09:39 AM

For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
Appreciate your help
Yes. Send 2 photos with your name and alien # written on the back.

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pbojja

04-24 03:06 PM

Sandy ,Simply Insane man , write a letter to white house and try to get some attention.This is completely ridiculous and definetley we need to do some thing .. I dont know what is left in this country , And they care more about illegal immigrants ..stupid tv news and news readers , hope one day they realise about legal immigration when we all are eligible to vote in this country

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nozerd

01-17 05:57 PM

I have also contacted a lwyer who is different from my company lawyer. She has offered to put my case forward to USCIS (not WOM) for $ 300. She said they have means of bringing the case to their attention if its fallen through the cracks.
Do you think its worth trying ? my only copncern is she wants me to sign a new G28 and Im worried about issues with my existing case since I dont want to mess withh my company lawyer and I think I want to keep him as the attorney on file. Per this new lawyer thats not an issue and they will only be the attorney for inquiry purposes.
Any feedback on if this is worth doing ?

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pointlesswait

07-22 05:23 PM

to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
i have read of instances when the PD was successful and few instances when it was not...
so i am not sure..what the criteria is..
but if you are in the same industry..PD porting should not be an issue..

....
i have a feeling sooner or later PD porting may be banned by USCIS..;-)

I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.

In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.

Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.

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wellwishergc

04-10 09:10 PM

Should I narrate the story of the 'success of microsoft' and its history?:); You guys are no less than 'Bill Gates' for us!!!

I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)

Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.

best,
Berkeleybee

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dummgelauft

11-03 02:18 PM

...Please. Show off. :rolleyes:

Ce n'�tait pas pour vous, tiennent svp votre silence

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PD2002

04-04 01:24 PM

I have sent the fax to the senators in CA

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gcformeornot

08-09 08:13 PM

I don't care about LS. Almost all cases I know are fraud. Sometimes 2 guys got GCs on same labor(since they were not asking Original LC). Thank god USCIS banned LS.

God Bless USCIS for banning LS.

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GKBest

07-17 12:13 AM

Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.

lotr

I guess we also expect this to happen in the future when all jobs will be filled up with nothing left for H1s unless more people retires or decide to pursue their dream somewhere else.

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webm

12-25 11:07 AM

My PD is Oct 1, 2001

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insbaby

04-09 08:33 AM

could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

- mortgage rates are one.

It is difficult to get a document from the underwriter on what basis he/she approves the interest rate.

Anything over $10K, an interest rate of 4.875% saves lot of money compare to 5.5%

But why one gets 4.875% and another one gets 5.5% may not be questioned.

There was another thread, a post replied as when he forced a bank to send him a document with explanation why his application was denied, it had very generic info, carefully excluding things that trigger legal battle.

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crazyghoda

01-26 07:22 PM

Wow! This is really something. I believe my lawyer even attached a printout of a copy of the visa bulletin for my 485 case. I was laughing at that point saying wouldnt they know whats current, but now after hearing this, I stand corrected. being as conservative as possible is the best option when dealing with this agency.

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MunnaBhai

07-02 03:39 PM

Medical : 400.00
Attorney Fees:2800.00
Pictures:150.00

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vnsriv

12-12 03:52 PM

What is the significance of April Barrier !

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wikipedia_fan

04-09 02:52 PM

Good information, thank you.

In fact it should be the other way around

Appeal - should have Fee

MTR must not have a fee

But we never wrote these laws nor were we kept in mind when these laws were written.

The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.

At the end of the day it is all about Money, everyone has their piece of cake.

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kris04

08-17 07:53 PM

Dear Friends,

One more to the list , with significantly older I 485 RD

EB2 - India
PD: July 2004
I 140 AD: May 2005
I 485 RD: Apr, 2005, AD::confused::confused::confused:
NC-> Cleared , received letter from local Congressmen office who forwarded the note from FBI, confirmed again through Infopass.

Note: As per the last call with NSC , my case was pre-adjudicated, Biometrics are current and everything is clear, but not yet assigned to IO

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yabadaba

06-05 02:52 PM

Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html

Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.

Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.

last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.

there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.

what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.

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chi_shark

10-27 12:03 AM

Have you ever been illegal?


Hi Guys,

I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

I got a mail just now, with the following text in it.

"The status of your request is

Your case is on hold because your appear to be inadmissible under the current law

Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

Such an exercise of the exemption authority might allow us to approve the case."


What does this mean, any one has some idea about it.

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sanju

09-09 09:13 PM

I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.

It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.

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admin

03-16 11:41 AM

Anything delay is the bad news !!! We do not have patience. Even single day delay is like dying for us.

All,

Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.

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desi3933

07-19 02:27 PM

Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks

I have already replied to him/her.

BTW, Are you his/her agent? Your post indicates what kind of person you are.

Good Luck.


______________________________
Green Card holder since May 2002

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gk_2000

07-28 08:08 PM

Guys
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:

What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)

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logiclife

02-28 08:02 PM

Hi,

Great job. Zoe Lofgren is very very very influential and key on immigration issues. Its great the you go an appointment with her.

Others in Bay Area: Please join this guy so that you can be proud at the end of the day that you stood up for yourselves. If not for anything, for your own pride.

--logiclife.

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485Mbe4001

10-24 01:25 PM

Ignore the IOs, just talk to your Senator or Congressman. They will be able to help you out. I was stuck in name check for more than 3 years. My congressman did not help but the senators office had a namecheck cell and they help out with genuine cases. The person there helped me clear my name check in 2-3 months (talk, dont email, send certified letter with details after talking to them). Had i known this earlier I would have had contacted them earlier and would have gotten my GC in June 07. My lawyer sdid not allow us to contact the IOs for information and i suffered big time because of that. Based on my experience all i can say is be proactive.

I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.

Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.

I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.

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ars01

07-10 10:19 AM

How about boycotting CNN. The immigration community should boycott CNN. That will send a strong message to CNN with there current trouble with there rattings.
How would you do that? and how would media know about the boycott? What benefits would it bring?

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sledge_hammer

02-27 05:41 PM

Kid? Pot calling the kettle black?

I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!

If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!

Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.

Again, if you don't get the difference between the tone in a professional response against a personal opinion based lash-back then thats your problem not mine :)

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johnamit

07-17 09:37 AM

A fix without AC-21 does not bring lot of relief for us, I hope they receive I-485 and allow us to use AC-21.

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realizeit

02-11 11:53 PM

Mr MPADAPA,

I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

Good luck :)




realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

My complete earlier reply

Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!

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nozerd

12-25 09:34 AM

And are you doing anything to try and speed up your case since PD are current ?

My PD is before Oct 2001

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