GreenMe
01-21 01:47 PM
My wife and I work for Consulting firm. We both had to travel to India for Visa Stamping.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
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pragir
12-11 01:57 PM
Mohit, when you invoke AC21 your job profile needs to be same as that listed on the job description on your LC. As long as your new company is willing to declare that your new job profile matches the one on your LC, you should be ok.
I am not a lawyer, please consult one.
I am not a lawyer, please consult one.
athanga
04-29 04:36 PM
I personally know of a case that got lottery selected email confirmation today afternoon. (04/29/08)
Non Premium Processing, Non Masters Quota.
So I guess USCIS is processing all cases slowly and the emails were not send in bulk.
Non Premium Processing, Non Masters Quota.
So I guess USCIS is processing all cases slowly and the emails were not send in bulk.
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polapragada
10-23 05:56 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
more...
bsbawa10
01-23 06:17 PM
Since Ombudsman invited these. Here is a very big list of them.
1. Transparency: USCIS never releases how many eb1 or eb2 cases are pending so things are so unpredictable, no body can expect the time frame at all.
2. Respect priority dates: There is no logic what so ever in giving green cards to people having priority dates 2006 when the cases with priority dates 2003, 2004 are all pending. Why is priority date even there then ?
3. Email support and some real customer service: Currently customer service is just getting their pay stubs. They just speak whatever is on the website and have no power at all. Why does this type of customer support even have to be their from the tax payers money.
4. Update the cases on the website: Often the cases on the USCIS are not updated and people can bang their heads trying to guess what is happening and customer service is as has been described. For eg. my case shows that my I485 case is in California service center whereas I know that it is in Texas Service Center. I have run from piller to post to get it changed including calling customer service many many times, writing letters to Texas Service center, calling Californa service center and Texas Service Center but to no use at all. Atlast I gave up.
5. Automatic Advance Parole and EAD: Why does USCIS try to increase load for itself ? Is it for making more money or is it to claim that they have a lot of load and then say that they are understaffed? Why not the very fact that I485 is pending should give permission for work as well as permission to reenter the country ?
Thanks.
1. Transparency: USCIS never releases how many eb1 or eb2 cases are pending so things are so unpredictable, no body can expect the time frame at all.
2. Respect priority dates: There is no logic what so ever in giving green cards to people having priority dates 2006 when the cases with priority dates 2003, 2004 are all pending. Why is priority date even there then ?
3. Email support and some real customer service: Currently customer service is just getting their pay stubs. They just speak whatever is on the website and have no power at all. Why does this type of customer support even have to be their from the tax payers money.
4. Update the cases on the website: Often the cases on the USCIS are not updated and people can bang their heads trying to guess what is happening and customer service is as has been described. For eg. my case shows that my I485 case is in California service center whereas I know that it is in Texas Service Center. I have run from piller to post to get it changed including calling customer service many many times, writing letters to Texas Service center, calling Californa service center and Texas Service Center but to no use at all. Atlast I gave up.
5. Automatic Advance Parole and EAD: Why does USCIS try to increase load for itself ? Is it for making more money or is it to claim that they have a lot of load and then say that they are understaffed? Why not the very fact that I485 is pending should give permission for work as well as permission to reenter the country ?
Thanks.
samswas
05-05 09:09 AM
Thank you Krishna!
more...
WeShallOvercome
07-23 03:33 PM
Gurus,
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
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rocket
01-08 03:40 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
it has been reported that way everywhere.http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html and contracts/contest rules don't state why they just state the terms of the contest.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
it has been reported that way everywhere.http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html and contracts/contest rules don't state why they just state the terms of the contest.
more...
bigboy007
10-30 07:08 PM
yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?
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gopi246
03-20 09:52 PM
Did you contact the SSN department in person or called them.? Its better to go in person and get hold of the supervisor.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
more...
ocpmachine
10-13 12:53 PM
My 485/131/765 package was received by USCIS TX center on Aug14'07 and my checks got cashed out on 10/9/2007.
I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.
I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.
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reddy77
01-12 10:33 PM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
more...
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chanduv23
07-02 01:07 PM
My wife name in not mentioned while applying I140 , how does it imact?
Can i add her while applying I485
Yes, add your dependents on 485
Can i add her while applying I485
Yes, add your dependents on 485
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go_guy123
08-23 06:02 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
One needs to have a realistic dream. One needs to verify with facts. Companies often lie
of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
promise sun and the moon to sign you up but they hide the reality.
I know companies even lie that project is 6 months and renewable but once you join
and shift to the new place and then after 2 months they say the project is over. They
knew all along that the project is for 2 months but they wanted people, so they lie
that the project is long.
I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
another 10K.
more...
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p_kumar
04-08 03:44 PM
PD: July 01 EB3 India
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?.
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?.
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rb_248
10-19 04:58 PM
Friends,
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
more...
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dilusa1
07-18 08:43 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
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kgwithnogc
05-08 01:48 PM
One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
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HRPRO
02-21 09:51 AM
Jagan,
If you go in person, the Consular Officer addresses most issues in the afternoon. You could ask for a meeting with him and explain your situation.
I think this will be the easiest resolution.
Hope you get your passport soon.
If you go in person, the Consular Officer addresses most issues in the afternoon. You could ask for a meeting with him and explain your situation.
I think this will be the easiest resolution.
Hope you get your passport soon.
hemya
12-20 10:57 PM
My wife is applying for graduate school and they asked for her Alien registration Number. Should she give the one on her 485?
She is presently on H-4
She is presently on H-4
ufo2002
08-16 03:54 AM
Cuba isn't the only communist nation.
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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