venky08
05-31 10:57 AM
Please have a look on thomas. The "certain" is clearly defined in proposed SA 1249 to S. 1348.
Please tell us what it reads thanks
Please tell us what it reads thanks
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alias
10-19 09:31 PM
Sorry that I could not reply sooner. In this case, I went ahead and did an Info Pass appointment. The officer there went ahead and gave a 1-year temporary stamp and said he was ordering card production. This was in July and I am still waiting. My lawyer said "congrats"! No idea how to handle this going forward. What happened to your case?
Well, I had the same situation. Me and my wife, we both received our green cards one fine day. Needless to say I was overjoyed for few days until my attorney called and explained the cons. He told me that this was clearly due to clerical error. Legally, they cannot approve your petition until PD is current. There are some new QC systems in place at the CIS and you should not risk your status if you have an honest intention of staying in this country.
He said CIS can come back any day and revoke the green card if the system realizes that your card was illegally issued. At that time you may not have any option but to return to your home country within days.
So, my attorney contacted AILA and through them got hold of the immigration officer who had approved my case. CIS immediately recognized the error and asked me send the cards back so it can be destroyed. I finally got a letter from the Director of Homeland Security apologizing for the error and appreciating my honesty (well I wasn't that honest really, it was my attorney who brainwashed me).
On a lighter note � I took a photocopy of my green card and kept it in file; I stare at it sometime when I am frustrated�.
Well, I had the same situation. Me and my wife, we both received our green cards one fine day. Needless to say I was overjoyed for few days until my attorney called and explained the cons. He told me that this was clearly due to clerical error. Legally, they cannot approve your petition until PD is current. There are some new QC systems in place at the CIS and you should not risk your status if you have an honest intention of staying in this country.
He said CIS can come back any day and revoke the green card if the system realizes that your card was illegally issued. At that time you may not have any option but to return to your home country within days.
So, my attorney contacted AILA and through them got hold of the immigration officer who had approved my case. CIS immediately recognized the error and asked me send the cards back so it can be destroyed. I finally got a letter from the Director of Homeland Security apologizing for the error and appreciating my honesty (well I wasn't that honest really, it was my attorney who brainwashed me).
On a lighter note � I took a photocopy of my green card and kept it in file; I stare at it sometime when I am frustrated�.
needhelp!
03-05 02:53 PM
Yes, country of birth should get us close.
needhelp...maybe instead of country of chargeability we should ask for grouping by country of birth; this is an actual field required in the I-485 form.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
needhelp...maybe instead of country of chargeability we should ask for grouping by country of birth; this is an actual field required in the I-485 form.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
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nrakkati
03-20 07:19 PM
a transfer or new H1?
This is a different employer, so I am assuming it is new H1. If I remember correctly from my past research, H1 is always NEW when you file it with different employer, but I am not 100% sure....
thanks.
This is a different employer, so I am assuming it is new H1. If I remember correctly from my past research, H1 is always NEW when you file it with different employer, but I am not 100% sure....
thanks.
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what_now
05-17 12:06 PM
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rock945
06-29 11:20 PM
This is definetly a great news...Hope this bill is passed soon.
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willigetagc
07-15 05:22 PM
can somebody explain the meaning of "processing date for I-485"? For example, the Texas service center has July 17 2007 processing date for I-485 petitions.
How to interpret that?
Thanks.
How to interpret that?
Thanks.
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tonyHK12
03-28 08:45 PM
Stop this... Really it doesn't help anyone..
Yes we are well aware. I would advise other members not to attack other users like PlainSpeak and gk_2000 have
Yes we are well aware. I would advise other members not to attack other users like PlainSpeak and gk_2000 have
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yabadaba
11-08 12:13 PM
our dose of daily macaca
Hi Nycgal369,
I am not your buddy :-)
That's nothing new that Dems are pro amnesty. I am not arguing against that. Nancy Pelosi already said something in that regard I think. What I refute is the argument portrayed by misinformed members that the shift in power was caused significantly by the anti illegal alien position. It is not true. That's all I am saying.
Contrary to belief of some members, I am not disappointed with this. I will continue to be your Ombudsman as usual and report everything, probably you will hear more good news for those who believe that amnesty is the way to go. Facts are facts. I am not here to defend any side.
Thanks,
The Ombudsman
"Your dose of daily reality"
Hi Nycgal369,
I am not your buddy :-)
That's nothing new that Dems are pro amnesty. I am not arguing against that. Nancy Pelosi already said something in that regard I think. What I refute is the argument portrayed by misinformed members that the shift in power was caused significantly by the anti illegal alien position. It is not true. That's all I am saying.
Contrary to belief of some members, I am not disappointed with this. I will continue to be your Ombudsman as usual and report everything, probably you will hear more good news for those who believe that amnesty is the way to go. Facts are facts. I am not here to defend any side.
Thanks,
The Ombudsman
"Your dose of daily reality"
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rajuseattle
01-14 06:45 PM
Mohican,
I never heard about I-140 substitution. Are you sure your employer request USCIS to change the name of the beneficiary on the approved I-140?
As far as I know I-140 is the petition by an Employer for an individual Employee, so it goes with 1 person and can not be substitute.
Employer can revoke I-140 or use the underlying labor for some other individual.
It may have been the case that USCIS by mistake approved 2 I-140 for the same labor and when they realise their mistake they denied your I-485 suggesting someone else already used the underlying Labor certification.
I guess your original employer as well as USCIS are at fault. I dont think AC-21 provisions will help you either, bcos the USCIS rule is 1 beneficiary for 1 labor, their can not be multiple beneficiaries for 1 approved Labor.
Please consult your situation with the experienced attorney and see if you can file MTR, since its not your fault and you are suffering due to USCIS/Employer mistakes for using 1 labor for 2 I-140 approvals.
I never heard about I-140 substitution. Are you sure your employer request USCIS to change the name of the beneficiary on the approved I-140?
As far as I know I-140 is the petition by an Employer for an individual Employee, so it goes with 1 person and can not be substitute.
Employer can revoke I-140 or use the underlying labor for some other individual.
It may have been the case that USCIS by mistake approved 2 I-140 for the same labor and when they realise their mistake they denied your I-485 suggesting someone else already used the underlying Labor certification.
I guess your original employer as well as USCIS are at fault. I dont think AC-21 provisions will help you either, bcos the USCIS rule is 1 beneficiary for 1 labor, their can not be multiple beneficiaries for 1 approved Labor.
Please consult your situation with the experienced attorney and see if you can file MTR, since its not your fault and you are suffering due to USCIS/Employer mistakes for using 1 labor for 2 I-140 approvals.
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Hermione
09-27 01:44 PM
Franklin, yes, Ombudsman report includes ALL I-485 numbers, plus ALL naturalizations. Among all of them EBs are a small number.
What I was trying to understnd by running the numbers, where does the "leacky bucket" go over time. Imagine EB category as a leacky bucket - new workers on H1Bs are getitng their documents done, that goes to adds, and approvals are being given out, that goes to substracts. If the expected new petititons being ready are more than 140K, the total bucket will grow. If it is less, it will shrink. What I am basically saying, it is between 10K and 20K less adds than deletes, so the backlog should shrink over time (not tomorrow, of course). And it will start shrinking from EB3 ROW, because that is where the unused numbers end up. By watching EB3 ROW number we should be able to tell how fast the pool is shrinking.
Also, in the concept of the leaky bucket, it becomes essential not to lose any numbers, this is why 10K lost numbers a year is unacceptable. Personally, I think advocating number recapture is a waste of time (better off advocating quota increases), but we should be vigilant about CIS not losing numbers going forward.
Efficiency of precessing, in my opinion, is not an issue at all, at least on the USCIS side. FBI is a different story, but even for them, it is rare that cases are stuck for more than two years. Retrogression is the real culpit - being stuck in retro for 5 years is not unusual, and this is a whole lot worse than namecheck. By the way, because naturalizations are also subject to namechecks, there is enough outrage out there that I think namecheck issue will be solved in the next year or so.
What I was trying to understnd by running the numbers, where does the "leacky bucket" go over time. Imagine EB category as a leacky bucket - new workers on H1Bs are getitng their documents done, that goes to adds, and approvals are being given out, that goes to substracts. If the expected new petititons being ready are more than 140K, the total bucket will grow. If it is less, it will shrink. What I am basically saying, it is between 10K and 20K less adds than deletes, so the backlog should shrink over time (not tomorrow, of course). And it will start shrinking from EB3 ROW, because that is where the unused numbers end up. By watching EB3 ROW number we should be able to tell how fast the pool is shrinking.
Also, in the concept of the leaky bucket, it becomes essential not to lose any numbers, this is why 10K lost numbers a year is unacceptable. Personally, I think advocating number recapture is a waste of time (better off advocating quota increases), but we should be vigilant about CIS not losing numbers going forward.
Efficiency of precessing, in my opinion, is not an issue at all, at least on the USCIS side. FBI is a different story, but even for them, it is rare that cases are stuck for more than two years. Retrogression is the real culpit - being stuck in retro for 5 years is not unusual, and this is a whole lot worse than namecheck. By the way, because naturalizations are also subject to namechecks, there is enough outrage out there that I think namecheck issue will be solved in the next year or so.
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gc_chahiye
06-09 12:22 AM
...Should we not be trying and praying that CIR passes WITH our provisions...
did you see any of the debate on CSPAN? I unfortunately sat through most of it, and the vitriol that people like Bernie Sanders and Dick Durbin have spewed on H1Bs has left me a bit shaken and a bit bitter. Forget about taxes, we are paying into medicare and social security (which we wont get to use) all these years and yet we were treated like trash. At the same time the red carpet was laid out for illegals who have not even paid taxes, have broken multiple laws...
I dont know if there was even a 5 minute period in the senate where someone said something positive about the contributions that H1Bs have made here. I doubt if we have any chance of getting any favorable amendment in this atmosphere.
It felt as if we went into a massive swordfight (Kill Bill style) armed with toothpicks. The fact that we got away with just scrapes and bruises is victory in itself.
did you see any of the debate on CSPAN? I unfortunately sat through most of it, and the vitriol that people like Bernie Sanders and Dick Durbin have spewed on H1Bs has left me a bit shaken and a bit bitter. Forget about taxes, we are paying into medicare and social security (which we wont get to use) all these years and yet we were treated like trash. At the same time the red carpet was laid out for illegals who have not even paid taxes, have broken multiple laws...
I dont know if there was even a 5 minute period in the senate where someone said something positive about the contributions that H1Bs have made here. I doubt if we have any chance of getting any favorable amendment in this atmosphere.
It felt as if we went into a massive swordfight (Kill Bill style) armed with toothpicks. The fact that we got away with just scrapes and bruises is victory in itself.
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flipflop
07-15 03:06 PM
I believe this ......
I am assuming that EB2 India will have a cut-off date of atleast June 2006 for Aug as well as Sep. The time window of approvals is Aug 1 2008 to Sep 30 2008. In this time frame, they will have to pull the files from shelves and make them ready for adjudication.
I also remember from I-485 field SOP, that first step is to contact US Consulate abroad where you filled your DS-156 if you traveled within last 12 months for any discrepancy. This step itself can take a long time.
Then there are a lot of people who had PD current but they haven't done finger-printing yet. Imagine time required to schedule fingerprints, appear for one, and then get the results.
Just my thoughts.
I am assuming that EB2 India will have a cut-off date of atleast June 2006 for Aug as well as Sep. The time window of approvals is Aug 1 2008 to Sep 30 2008. In this time frame, they will have to pull the files from shelves and make them ready for adjudication.
I also remember from I-485 field SOP, that first step is to contact US Consulate abroad where you filled your DS-156 if you traveled within last 12 months for any discrepancy. This step itself can take a long time.
Then there are a lot of people who had PD current but they haven't done finger-printing yet. Imagine time required to schedule fingerprints, appear for one, and then get the results.
Just my thoughts.
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guesswho
06-03 07:36 PM
I wish there was a better way to establish priority date other than an approved I-140. Anyways...
I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?
The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).
Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.
This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?
The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).
Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.
This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
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abhijitp
12-10 12:12 PM
I hear you, needhelp! I think every single chapter leader has felt this at some point.
I would like to clarify - anything beyond 0 minutes late is rude. I have a management position in my job, and if that happens at a meeting i'd set up professionally, they get a verbal lashing from yours truly.
It is highly disrespectful
Well said Franklin!
Needhelp!
I not only hear you but I have been there too. (I guess most of the volunteers have.)
First of all, people need to realize IV's cause is THEIR cause, nobody at IV is volunteering to gain publilcity. IV is WORKING TO SAVE YOU FROM living on the edge and spending hours tracking bulletins and EAD renewal deadlines and receipt notices!
If you don't realize this, may God help you!
Unless you have some disorder which prevents you from looking beyond 2/3/4 years, you REALLY should be joining hands with IV so that we all are "free" at the end of those 2/3/4 years!
If you just can't spend any time volunteering, then at least don't RSVP for such meetings! You know you would be fired if you did this at work.
I would like to clarify - anything beyond 0 minutes late is rude. I have a management position in my job, and if that happens at a meeting i'd set up professionally, they get a verbal lashing from yours truly.
It is highly disrespectful
Well said Franklin!
Needhelp!
I not only hear you but I have been there too. (I guess most of the volunteers have.)
First of all, people need to realize IV's cause is THEIR cause, nobody at IV is volunteering to gain publilcity. IV is WORKING TO SAVE YOU FROM living on the edge and spending hours tracking bulletins and EAD renewal deadlines and receipt notices!
If you don't realize this, may God help you!
Unless you have some disorder which prevents you from looking beyond 2/3/4 years, you REALLY should be joining hands with IV so that we all are "free" at the end of those 2/3/4 years!
If you just can't spend any time volunteering, then at least don't RSVP for such meetings! You know you would be fired if you did this at work.
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WeShallOvercome
09-20 04:27 PM
I think we could have used some popular tactics to ensure larger attendance in the rally. If the core knew that people like Sheela Murthy and Greg Siskind would be joining the rallly, they should have let everybody know in advance. some people would have attended just to see those big names in person.
I know it's all about ideology and you can say we don't need people who don't want to come for the cause, but looking at what other anti-immigration groups are resorting to, it wouldn't have been a bad idea.
I know it's all about ideology and you can say we don't need people who don't want to come for the cause, but looking at what other anti-immigration groups are resorting to, it wouldn't have been a bad idea.
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kc_p21
12-10 03:31 PM
Why don't you shut up? along with Logiclife?
Bill O' Rielly does it too. And he is a successful professional. So I guess it is ok to ask someone to shut up.
Bill O' Rielly does it too. And he is a successful professional. So I guess it is ok to ask someone to shut up.
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ujjvalkoul
07-20 04:31 PM
Guys keep in mind before applying for Canadian PR - ur H1 should be > 1 yr valid at the time of appliaction or else Canadan guys willl send it back.
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rajeever
07-26 06:16 PM
Hi,
I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).
so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.
Thanks,
Rajeev
I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).
so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.
Thanks,
Rajeev
belmontboy
09-29 09:35 PM
You get what you pay for, in a way.
Not really.
I have flown most domestic airlines in this country on really cheap fares/deals and had good experiences overall.
My experience with AI was through code sharing with Singapore. And it sucked big time!
Setting aside my patriotism for a bit, the problem with Air India is it's government run. And we all know how "professional" Indian govt run agencies are.
Not really.
I have flown most domestic airlines in this country on really cheap fares/deals and had good experiences overall.
My experience with AI was through code sharing with Singapore. And it sucked big time!
Setting aside my patriotism for a bit, the problem with Air India is it's government run. And we all know how "professional" Indian govt run agencies are.
krishmunn
09-30 11:26 AM
I have travelled AI around 6-7 times with no issues at all. On the other hand I have horrible experience with Continental and Air France.
As for your experience in Frankfurt (gift purchased in Duty Free in NY not allowed), this has nothing to do with AI. It is Security staff in Frankfurt. I suspect the gift included something liquid (alcohol or perfume etc) which are NOT allowed at security point.
That is why it is advised either to carry these stuff in your registered bag OR purchase it from a duty free at the last point where you board a flight.
As for your experience in Frankfurt (gift purchased in Duty Free in NY not allowed), this has nothing to do with AI. It is Security staff in Frankfurt. I suspect the gift included something liquid (alcohol or perfume etc) which are NOT allowed at security point.
That is why it is advised either to carry these stuff in your registered bag OR purchase it from a duty free at the last point where you board a flight.
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