pnara2
01-24 12:37 PM
Appreciate your response. Thanks for the useful information.
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sumansk
10-24 06:08 PM
Hello guys ,
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
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monikainusa
03-22 10:48 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
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hebron
06-14 02:22 PM
Hello All,
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
more...
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mirage
03-06 03:03 PM
How's Asking for temperory Lifting Country Cap or Exemption of Long pending case from Country limits going against her own bills ? Nothing 'Immigration' is flying right now, we already saw the fate of those bills...I have heard this several times from various lawmakers offices they don't want to lift the country caps... So what do we do then ?
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
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iqube00
04-24 01:48 PM
my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
more...
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zCool
04-16 11:37 PM
check expiry date on your passport. Visa date can not extend beyond Passport expiry date.
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immilaw
09-17 11:44 AM
Few things to remember
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
more...
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Texascitypaul
02-23 06:15 PM
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
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chandra140
08-28 11:09 AM
Hi,
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
more...
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GcInLimbo
12-01 11:45 PM
Thanks for the response.
H1B extension was denied in Feb 2009 after almost 2 and half years of processing.
??: H-1B ext denied?
I spoke to my lawyer and he said it shouldn't be a problem.
Once again thank you very much for your response.
H1B extension was denied in Feb 2009 after almost 2 and half years of processing.
??: H-1B ext denied?
I spoke to my lawyer and he said it shouldn't be a problem.
Once again thank you very much for your response.
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go_guy123
01-11 09:47 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
more...
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ganguteli
03-27 10:28 AM
Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.
Just one space buy in a major newspaper will cost 10s of thousands of dollars. I think it is a waste of money.
and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.
Just one space buy in a major newspaper will cost 10s of thousands of dollars. I think it is a waste of money.
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aish_m04
11-21 12:46 AM
I am in the same situation as yours. Any update after the infopass appointment.
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st4rguitar
04-06 02:10 PM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
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senthil
05-18 01:41 PM
one way to see IV's friendly faces ....
more...
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dilipb
04-21 04:38 PM
Wow!
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arunmohan
05-12 03:58 PM
Can you pleas give your opinion for EB3-India?
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Jitamitra
05-31 12:14 PM
Recently joined.
Contributed $200.
Contributed $200.
golf52
07-26 08:44 AM
krish.d.rao, Morchu,
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
CaliGC
06-15 04:31 PM
see the reply
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
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