psk79
09-12 02:48 PM
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...
Absolutely hate this feeling.
Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...
wallpaper worldmap
Sachin_Stock
09-24 05:43 PM
Atleast we agree on one point that the law is absurd.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
susie
04-24 05:28 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I am so truly sorry to hear of the passing of this gentleman and why there just has to be a compassionate visa introduced.
My dear husband passed very quickly with this horrendous illness, my prayers and thoughts are with the family, god bless
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I am so truly sorry to hear of the passing of this gentleman and why there just has to be a compassionate visa introduced.
My dear husband passed very quickly with this horrendous illness, my prayers and thoughts are with the family, god bless
2011 world map with countries and
indyanguy
03-25 10:36 PM
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
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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 !
Sachin_Stock
09-24 04:28 PM
I refuse to even comment on that analogy. :rolleyes:
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ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
2010 World+map+with+countries+and+
krish.d.rao
12-18 06:01 PM
I too have been in this country since 1998 and have a priority date of 2004 EB-2.
The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.
The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.
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anzerraja
07-20 12:18 AM
All the $200 guys, we only need 320 guys like you :) Thanks !
I pledge $200.
I pledge $200.
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Hewa
11-17 04:10 PM
+1, plus friends
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GCKaIntezar
05-23 12:21 PM
Emails sent to 2 NJ senators + 10 others Logiclife mentioned.
Go IV.
Go IV.
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fetch_gc
09-18 01:51 PM
My 485 pkg reached NSC at 11.14 am on July 16,2007 signed by F.Heinauer.
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hello Everyone,
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hello Everyone,
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
more...
house World Map With Countries
petepatel
07-21 07:52 AM
Priority Date - Nov 2004
EAD Renewal Mailed - July 1, 2008
Received by USCIS - July 3,2008
LAST LUD - July 8, 2008
:D
EAD Renewal Mailed - July 1, 2008
Received by USCIS - July 3,2008
LAST LUD - July 8, 2008
:D
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obviously
03-08 08:53 AM
and reduce your depression!
http://immigrationvoice.org/forum/sh...?t=3361&page=2
http://immigrationvoice.org/forum/sh...?t=3361&page=2
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pictures Capital cities refer to World+
mike_2000_la
06-08 01:17 PM
yea...you are right...it seems they are not processing anything today..
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
dresses world map with countries and
bkarnik
05-02 09:13 PM
Forgot to add...IV core: Time for a thank you webfax to Cornyn and the other sponsors :)
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makeup A combination World Countries
venkygct
08-18 10:15 PM
My wife has got her EAD approval email today...We applied on July 22....
EB2, TSC
PD - 10/2006
Applied on - July 17, 2008
Receipt Date - July 22,2008
No LUD
Card Production Ordered on - Aug 18th, 2008
EB2, TSC
PD - 10/2006
Applied on - July 17, 2008
Receipt Date - July 22,2008
No LUD
Card Production Ordered on - Aug 18th, 2008
girlfriend world map with countries and
getgc2008
08-25 02:17 PM
I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
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jnraajan
02-08 06:58 PM
Pappu
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
24fps
03-08 11:27 AM
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??
With all this BS going on they might as well shut down immigration for a few years.:confused:
jsb
03-10 01:55 PM
what makes you think i am sitting at home waiting for the gc?
my post was in response to Sayantan's post - go back and read what he said.
With "you" I meant all those in these forums. Main point is in the second paragraph.
my post was in response to Sayantan's post - go back and read what he said.
With "you" I meant all those in these forums. Main point is in the second paragraph.
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