GC08
07-08 08:28 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
Sounds like either way, they were wrong. :cool:
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
Sounds like either way, they were wrong. :cool:
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simple1
05-04 10:39 PM
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
pvpb
09-27 03:20 PM
Do u think UScis knows when we mailed in the application...can we just say that we r waiting for 90 days and talk to them. Any ideas!
Venkat
Venkat,
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
Venkat
Venkat,
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
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anzerraja
07-20 09:01 AM
Here is the updated spreadsheet
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Google spreadsheet gurus, can anyone let me know how to make it editable by everyone accessing the thread, so that it can be updated by them directly.
If that is not doable anybody willing to pitch in some help to keep updating this from time to time as the thread grows ?
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Google spreadsheet gurus, can anyone let me know how to make it editable by everyone accessing the thread, so that it can be updated by them directly.
If that is not doable anybody willing to pitch in some help to keep updating this from time to time as the thread grows ?
more...
makemygc
08-01 05:11 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
desi3933
06-27 12:07 PM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
quiquincho
03-06 06:22 PM
You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
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rahulp
09-10 06:20 PM
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
more...
rajsand
10-02 07:33 PM
Hi,
I applied my 485 on 18th and reached Neberaska.
I have been calling USCIS for the last 5 weeks.Today they gaveme my receipt number only for I-765 and not for others.These were porcessed on Sep18.i have not had the receipt in hand.
My checks are also not cashed at this time .Is some one in the same sitiuation as I am.
Let me know
I applied my 485 on 18th and reached Neberaska.
I have been calling USCIS for the last 5 weeks.Today they gaveme my receipt number only for I-765 and not for others.These were porcessed on Sep18.i have not had the receipt in hand.
My checks are also not cashed at this time .Is some one in the same sitiuation as I am.
Let me know
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ravi.shah
11-18 10:35 AM
Sent Emails...
Thanks everyone !
Thanks everyone !
more...
bkam
06-26 01:51 PM
I am not going to stoop to your level, Bkam, but the next time you post a comment about sombreros etc you are looking at a ban. It is up to you what you choose to do.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
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GreenCard4US
07-21 06:06 PM
We EB3 guys have to work together. In a couple of year you will not find a single EB2 guy here as they will have their GC's. I hope some senior member can give some guidance on how we should proceed to take up our cause.
more...
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hiUS
09-03 10:42 PM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Thanks for the info.
I heard some where that the problem with accessing with Biometrics for the transfered cases.
I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...
So, may be this is happening for the cases like mine...
Is your case also in the similar lines...
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Thanks for the info.
I heard some where that the problem with accessing with Biometrics for the transfered cases.
I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...
So, may be this is happening for the cases like mine...
Is your case also in the similar lines...
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kshitijnt
05-10 09:25 PM
Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
more...
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desi3933
06-27 12:10 PM
Point1) makes me perplexed - Can there be agreements with open ended time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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ch102
03-16 12:21 PM
some useful info from Ron gotcher
http://imminfo.com/Newsletter/2009-3/2009-03.html
http://imminfo.com/Newsletter/2009-3/2009-03.html
more...
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msp1976
03-10 06:28 AM
And yes in the 8 yrs I have been with my company I have got 3 promotions and am now a Manager. My companys immigration lawyer said thats ok. He just joked that when you get your green card just make sure you get tripple demotion to new role.
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
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apahilaj
01-06 10:00 AM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Congrats Parag. You got it finally. Am still waiting.
Do you know which option you selected when you had scheduled the infopass? Also, what documents did you carry at the infopass?
Thanks for the update again.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Congrats Parag. You got it finally. Am still waiting.
Do you know which option you selected when you had scheduled the infopass? Also, what documents did you carry at the infopass?
Thanks for the update again.
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insbaby
09-09 06:36 PM
Everyone is expecting EB3-I will be NOV and USCIS sets it as APR-2001.
Long live USCIS.
Long live USCIS.
neerajkandhari
10-09 09:08 AM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP for travelling and EAD for working
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP for travelling and EAD for working
conchshell
07-11 11:30 AM
Guys thanks for your appriciation on my recent blog "Power Behind A Flower". Please note that the reason behind this writing is to help our movement and encourage people to fight against injustice. Now the question is what's next??
With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
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