We haven't gone out celeberating yet. We are working on the Next round strategy with QGA. Please bear with us. We'll unfold stuff when time/situation permits.
Basic question .. thanks for answering.
Proceedings in Judiciary Committe wil be transparent? Does IV lobby with committe also, what happens next.
Some where in the forum , some one posted (sorry I do not remember the name), that a post bill analysis will be posted. Will Post Bill Analysis , indicates what is in the Senate bill or what can we do next.
Basic question .. thanks for answering.
Proceedings in Judiciary Committe wil be transparent? Does IV lobby with committe also, what happens next.
Some where in the forum , some one posted (sorry I do not remember the name), that a post bill analysis will be posted. Will Post Bill Analysis , indicates what is in the Senate bill or what can we do next.
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Fax sent
Thanks for everyone for being part of Immigration voice
Thanks for everyone for being part of Immigration voice
If you know about the Pilot Plus Program which is in effect in TSC I believe, you'll know what I mean. It just states that USCIS will process concurrently filed cases together to minimize time to process and achieve efficiency (non-concurrent filings not affected). Hence, only those 485s that fall in the current category get their 140 and 485s processed. Now that EB3 is U - there's no way they'll touch those concurrent cases.
In addition, I've also heard people talk about Ohata Memo - which says the same thing as Pilot Plus Program.
My point is not TSC or NSC - my point is we all sufferers should now unite and create pressure. I cant do alone , you cant do alone.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
In addition, I've also heard people talk about Ohata Memo - which says the same thing as Pilot Plus Program.
My point is not TSC or NSC - my point is we all sufferers should now unite and create pressure. I cant do alone , you cant do alone.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
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How many copies of RFE do they send? i mean do they only send one RFE notice to Attorney or do they send one RFE notice to Attorney and a copy to employer?? Can somebody tell me..
Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....
Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....
I was very impressed by the guy who sang the national anthem...who was he?? He was too good!!
Thank you 485_se_dukhi :) ... that was yours truly.
Thank you 485_se_dukhi :) ... that was yours truly.
my I485 lud got updated today , but the case status is still showing pending, when i called the officer she said they dont know what is lud ? but she said the case is pending.. any idea what does it means when lud is updated does that mean the case is now ready to be assigned by officer ?????:confused:
Unless you can play some smart games using an attorney, you cannot use an EAD to change job classifications as long as you are the primary applicant.
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I also filed on July 20 at NSC. No checks cashed and no receipts, of course.
When I called the customer service #, they said it could take up to 3 months.
Any explanation for what is going on?
Don't know what'z going on...
Looks like NSC is processing August 1st week. TSC is processing July 26th and 27th cases and CSC is processing July 23rd and 24th.
Only God has help us.
Thanks,
-rk.
When I called the customer service #, they said it could take up to 3 months.
Any explanation for what is going on?
Don't know what'z going on...
Looks like NSC is processing August 1st week. TSC is processing July 26th and 27th cases and CSC is processing July 23rd and 24th.
Only God has help us.
Thanks,
-rk.
A company ( a US Fortune 10...nothing to do with India or any other developing country) filed for a GC almost three years back..They realized for employees of Indian origin...its taking a long time to get GC which restircts their ability to promote high potential employeess...offered a select few to accept their promotional jobs and as and when their H1B time is up, will be sent as expats outside of the US. When they come back, the'll get L1 and GC..
Moral of the story: Where there is a will ( or employee value) there is a way. Employment based immigration is based on the what the US company wants to do...as laws change so will the ways of US corporates....While the good / ethical US companies will continue to thrive...companies that adopt 'mickey mouse' tactics which get into trouble.
Moral of the story: Where there is a will ( or employee value) there is a way. Employment based immigration is based on the what the US company wants to do...as laws change so will the ways of US corporates....While the good / ethical US companies will continue to thrive...companies that adopt 'mickey mouse' tactics which get into trouble.
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Kudos to all the sacrifices done by the core members!! i am gonna contribute for the 3rd time now!! Better WE ALL do it now or wait for many years to get our GC.This is the closest we could all come to change the immigration draft in our favor.
Fence sitters,please spread the word to all and everyone.Please open ur hotmail,yahoo or google email account TODAY and send this link to all and everyone. Atleast few of them with +vely respond to this request and that really adds up to the total.Again, PLEASE....
Fence sitters,please spread the word to all and everyone.Please open ur hotmail,yahoo or google email account TODAY and send this link to all and everyone. Atleast few of them with +vely respond to this request and that really adds up to the total.Again, PLEASE....
Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
Even the prediction of end of the universe could be made more accurately than what will happen to the visa bulletin. It's true there may be retrogression in Sep 08 for EB2-I, but the movements back and forth are likely to be minimal.
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
Even the prediction of end of the universe could be made more accurately than what will happen to the visa bulletin. It's true there may be retrogression in Sep 08 for EB2-I, but the movements back and forth are likely to be minimal.
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While I do not want to sound discouraging or pessimistic, this is a very good idea and we must do things like this.
Now, it is just not enough if we make this suggestion and discuss it - we must walk the talk. Will we?
To start with, we can do a lot of stuff, get our co workers, families, friends etc.. involved, print flyers, send emails, post blogs, make videos and post them on youtube, hold local community events and increase awareness.
Our own community is still very ignorant and is indirectly working against us, lok at this post on immigration portal
http://boards.immigration.com/showpost.php?p=1859694&postcount=18
just go through the entire thread
http://boards.immigration.com/showthread.php?t=273615
you will understand why things are so difficult for our community.
Our first step will be to concentrate on community building. This is very important. We need to reqruit more volunteers, and they in turn reqruit more volunteers. We must first build a strong community and have a strong foundation.
The reason I am posting this message is to say that whatever novel ideas like the above that have come up in the past have not gone towards getting implemented they just were discusssed and got buried into old threads.
So my question is "can we walk the talk?"
Now, it is just not enough if we make this suggestion and discuss it - we must walk the talk. Will we?
To start with, we can do a lot of stuff, get our co workers, families, friends etc.. involved, print flyers, send emails, post blogs, make videos and post them on youtube, hold local community events and increase awareness.
Our own community is still very ignorant and is indirectly working against us, lok at this post on immigration portal
http://boards.immigration.com/showpost.php?p=1859694&postcount=18
just go through the entire thread
http://boards.immigration.com/showthread.php?t=273615
you will understand why things are so difficult for our community.
Our first step will be to concentrate on community building. This is very important. We need to reqruit more volunteers, and they in turn reqruit more volunteers. We must first build a strong community and have a strong foundation.
The reason I am posting this message is to say that whatever novel ideas like the above that have come up in the past have not gone towards getting implemented they just were discusssed and got buried into old threads.
So my question is "can we walk the talk?"
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As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
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nice find..Thanks for bumping..Can you bump "Announcing launch of Team IV" too please
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Thanks to all your inputs. It was really helpful.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
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Is it true that the reports for the medical check will take almost 4 weeks to come back?
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I am working in IT field. Technology or field does not matter. I have seen people who did MS in US also got 221g.
My only understanding is If it's a big company, then they are issuing visa, But not guranteed ...
But for small companies / consultants, There will be a definite query / admin process is waiting for you.
My case is very genuine... I am working for this company since 2005 and I am the only one H1B employee.
I got my eb-3 140 approved from this employer only ...
And my wage is always above the determineed wages in Labor / LCA ...No gap in paychecks ...
Compnay also in profit mode always ...
So they approved my h1 extn 2 times in the past and approved my 140 also. Now what the heck they got doubt in the employer ...
My only understanding is If it's a big company, then they are issuing visa, But not guranteed ...
But for small companies / consultants, There will be a definite query / admin process is waiting for you.
My case is very genuine... I am working for this company since 2005 and I am the only one H1B employee.
I got my eb-3 140 approved from this employer only ...
And my wage is always above the determineed wages in Labor / LCA ...No gap in paychecks ...
Compnay also in profit mode always ...
So they approved my h1 extn 2 times in the past and approved my 140 also. Now what the heck they got doubt in the employer ...
my feeling is if it is not coming out till jul 14th evening
dates would be some where end of 2006
:d:d:d:d
dates would be some where end of 2006
:d:d:d:d
After eight years my husband is almost able to work (waiting for EAD) and my son has aged out for derivative benefits and is on an F1 with no realistic path to permanent residency and eventual citizenship.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
