sixburgh
04-12 11:08 PM
Hi
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
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diptam
07-28 02:03 PM
Also there could be election year effect because most of the resources at NSC are directed to work on Naturalization cases but why to single out just EB3 cases ? Didn't they have sufficient approved EB2 140 at hand to give them a 485 ?
I never imagined being stuck for 15 months for a 140 - at the most 9-12 months was my worst case analysis. My plans of porting from Eb3 to Eb2 got ruined , job change AC21 all preparations went haywire. I've already renewed EAD card once but can't use it confidently unless this Eb3 140 is approved .
How come EB3 at TSC is going smoothly - didn't they get the directive like NSC to stop working on EB3 140 's ?
....................
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year .................
I never imagined being stuck for 15 months for a 140 - at the most 9-12 months was my worst case analysis. My plans of porting from Eb3 to Eb2 got ruined , job change AC21 all preparations went haywire. I've already renewed EAD card once but can't use it confidently unless this Eb3 140 is approved .
How come EB3 at TSC is going smoothly - didn't they get the directive like NSC to stop working on EB3 140 's ?
....................
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year .................
waiting4gc1234
01-10 04:43 PM
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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niklshah
09-19 10:35 AM
it was a proud moment for me and my wife to attend the rally. I really felt that we are trying to make some differance. hats off to aman kapoor and whole core team who are putting their heart and soul even though they have green card already. salute to core team.....but as aman and logiclife said this is just beginning, real work starts now,we have to educate the people in power about differance in legan and illegal immigration. so people lets start spreading the message to the people whom we know and who are not active.
more...
FinalGC
06-04 04:05 PM
Congrats on the GC.
Do you really intend to join the old employer???
Do you really intend to join the old employer???
vamsi_poondla
10-02 04:18 PM
Get hold of a qualified immigration attorney and ask for a paid advice.
more...
caliguy
09-17 04:54 PM
Yes, at this point, my fear is that my file is missing or just sitting somewhere and collecting dust. I have not seen a status update since September 2007 on my case. I filed AC 21 last year, and did not see any LUD at that time. The only LUD after September 2007 that I had was this year, this was when I applied for AP and EAD renewal.
I am going to be asking my attorney to send an email to TSC streamline procedure, and will also submit a problem with CIS Ombudsman. That is what my plan is for the next 13 days.
Other than that, I am not sure what can be done. Will writing to the first lady help? I dont want to get the same standard answer that we got when the local senator send an inquiry.
I agree, I think EB2 will retrogess when October bulletin comes out. We will then have to wait until September 2010.
Come september 2010, we will start from scratch again and will hear the same thing - wait 30 days, 60 days, 90 days, etc....
Hang in there, is all I can say!!
I am going to be asking my attorney to send an email to TSC streamline procedure, and will also submit a problem with CIS Ombudsman. That is what my plan is for the next 13 days.
Other than that, I am not sure what can be done. Will writing to the first lady help? I dont want to get the same standard answer that we got when the local senator send an inquiry.
I agree, I think EB2 will retrogess when October bulletin comes out. We will then have to wait until September 2010.
Come september 2010, we will start from scratch again and will hear the same thing - wait 30 days, 60 days, 90 days, etc....
Hang in there, is all I can say!!
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waitnwatch
05-06 01:49 PM
It is true that the community colleges(A) and Arizona board of regents(B) set the guidelines but they have to follow Arizona Statutes which state that people with lawful immigration status are entitled to instate tuition. Therefore if (A) and (B) are not on the same page one could raise questions.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
more...
raysaikat
01-15 12:12 PM
Thank you so much for your responses! I did not mean to lie to the consulate when I answered "no" on the form the previous time. I think the thing that we've actually came back in time proves it.
This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements.
The new DS-160 form doesn't have this questions because I've heard that many people were confused by it. The consulate officer did not ask us if we were planning to immigrate to the US. I know of quite a few people who were issued a non-immigrant visa while replying "yes" to that question. Does it mean the law was broken on that case?
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
You need to *prove* that you have no intention for immigrating to US. Your intention is within your head; it does not start from any given date or given action by USCIS. The IO needs to "read your mind". The legal standard is that the court concedes that no one can know for sure what one's intentions are, however, the immigration officer can make a reasonable guess at the intentions by observing the actions you took or someone else took on your behalf.
In your case:
1. Someone filed I-130 for you. This is for permanent immigration to US.
2. You have family ties in US.
3. You have traveled to US before (I do not know how frequently).
4. You want to join a university that does not even have your major; that too you do not know what exactly you will study in that university. This itself is a very strong indication (at least in my mind) that you are not really interested in the education, but you applied to that university just for coming to US.
All together, it shows a clear pattern of observable evidence that your intention is to immigrate to US.
This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements.
The new DS-160 form doesn't have this questions because I've heard that many people were confused by it. The consulate officer did not ask us if we were planning to immigrate to the US. I know of quite a few people who were issued a non-immigrant visa while replying "yes" to that question. Does it mean the law was broken on that case?
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
You need to *prove* that you have no intention for immigrating to US. Your intention is within your head; it does not start from any given date or given action by USCIS. The IO needs to "read your mind". The legal standard is that the court concedes that no one can know for sure what one's intentions are, however, the immigration officer can make a reasonable guess at the intentions by observing the actions you took or someone else took on your behalf.
In your case:
1. Someone filed I-130 for you. This is for permanent immigration to US.
2. You have family ties in US.
3. You have traveled to US before (I do not know how frequently).
4. You want to join a university that does not even have your major; that too you do not know what exactly you will study in that university. This itself is a very strong indication (at least in my mind) that you are not really interested in the education, but you applied to that university just for coming to US.
All together, it shows a clear pattern of observable evidence that your intention is to immigrate to US.
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logiclife
02-27 12:21 PM
This article is a great read in this situation:
If you are on your way to India for good, on a one-way ticket, never to come back because you couldnt get any more H1b extensions after 6th year was over and lost your H1 and didnt have EAD a la portability.
This article is a great way to convince yourself in that situation "What a bunch of SOUR GRAPES the American dream was and thank God I didnt get stuck in America but getting GC. Finally I am free to go back to India".
I guess everyone who visits this website and does not decide to participate or contribute should take a printout of this article and put it in their pocket for a little light reading on that final flight back to India. It will make it very much easy to enjoy India and forget the horrible horrible experience that 6+ years in America had to offer.
Good going.
--logiclife.
If you are on your way to India for good, on a one-way ticket, never to come back because you couldnt get any more H1b extensions after 6th year was over and lost your H1 and didnt have EAD a la portability.
This article is a great way to convince yourself in that situation "What a bunch of SOUR GRAPES the American dream was and thank God I didnt get stuck in America but getting GC. Finally I am free to go back to India".
I guess everyone who visits this website and does not decide to participate or contribute should take a printout of this article and put it in their pocket for a little light reading on that final flight back to India. It will make it very much easy to enjoy India and forget the horrible horrible experience that 6+ years in America had to offer.
Good going.
--logiclife.
more...
BEC_fog
07-08 03:59 PM
I just finished listening to the interview and it went great. Jay Pradhan did a nice explanation of the problems. Also the rebuttal to the low wages/job stealing issue was good.
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gconmymind
04-02 07:40 PM
Thanks HV000
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EB3_SEP04
12-03 10:40 PM
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
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telekinesis
05-24 12:51 PM
Sounds good. Almost done with mine!
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By the way, the title at the top of the browser assumes I'm graphicslash.
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niklshah
11-23 11:31 PM
some one gave me red and said that " where were u when all the EB2 guys were united together against EB3" my answer is that moron EB2 guys were wrong too they were jumping when bulletin moved forward in their favour, now see the bulletin every one is there where they were before... so we have to be united in all the situation and fight for retrogession
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bomber
08-07 07:17 PM
Call USCIS and get your reciept number. Simple as that.
Got the receipt numbers already, was worried about the physical receipt notice.
Got the receipt numbers already, was worried about the physical receipt notice.
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Drifter
04-06 02:49 PM
A core member has been helping me in this matter. I really have to thank the core for being so responsive and for giving this matter the kind of attention it deserves. There is some progress in this case and the quickness with which the IV Core acted on this and moved the issue forward gives me and my family hope.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
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anurakt
09-25 12:55 PM
See this link : It says Employment Authorization Card as one of the proof's for legal residents.
http://www.dmv.ca.gov/dl/dl_info.htm#BDLP
http://www.dmv.ca.gov/dl/dl_info.htm#BDLP
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raju123
03-27 12:50 PM
I added this process:
1. Senate Judiciary mark up and pass bill proposal
2. Senate majority leader schedule floor discussion. If bill do not have support of more than 60% Senators, Motion of Cloture can not pass and bill may have indefinite discussion and amendments. It is important to have more than 60% member's support otherwise bill have no future. Senate Kennedy is trying to negotiate with both parties to have more than 60 senators in favor of bill.
3. Senate Pass bill
4. Step 1 to 3 are separately done at House
5. If the language of bill passed by House and Senate is not same, it will go to House/Senate conference committee. It is in power jurisdiction of House and Senate leadership to appoint committee members and their schedule. Last year, House leadership didn't appoint committee for CIR.
6. Conference committee will remove all inconsistency of the bill and approve bill with common language.
7. Senate and House separately pass/fail conference approved bill with limited discussion and no amendments.
8. If it pass by both House and Senate, President will sign it or use veto to the bill.
Long way to go. it really need political will, blessing, and commitment to pass any bill.
Macaca has posted a thread explaninng the legislative process ..
Please go through it...
For a bill to become law...
1. House has to pass it..
2. Senate has to pass it..
They might pass different versions..
3. They have to resolve their differences through conference process.
4. The conference report is approved by both houses..
5. President signs it...
The sempember timeline looks realistic...
Please donot post the same question at multiple places...
1. Senate Judiciary mark up and pass bill proposal
2. Senate majority leader schedule floor discussion. If bill do not have support of more than 60% Senators, Motion of Cloture can not pass and bill may have indefinite discussion and amendments. It is important to have more than 60% member's support otherwise bill have no future. Senate Kennedy is trying to negotiate with both parties to have more than 60 senators in favor of bill.
3. Senate Pass bill
4. Step 1 to 3 are separately done at House
5. If the language of bill passed by House and Senate is not same, it will go to House/Senate conference committee. It is in power jurisdiction of House and Senate leadership to appoint committee members and their schedule. Last year, House leadership didn't appoint committee for CIR.
6. Conference committee will remove all inconsistency of the bill and approve bill with common language.
7. Senate and House separately pass/fail conference approved bill with limited discussion and no amendments.
8. If it pass by both House and Senate, President will sign it or use veto to the bill.
Long way to go. it really need political will, blessing, and commitment to pass any bill.
Macaca has posted a thread explaninng the legislative process ..
Please go through it...
For a bill to become law...
1. House has to pass it..
2. Senate has to pass it..
They might pass different versions..
3. They have to resolve their differences through conference process.
4. The conference report is approved by both houses..
5. President signs it...
The sempember timeline looks realistic...
Please donot post the same question at multiple places...
absaarkhan
11-04 03:42 PM
Can you please let us know how much
Ron Gotcher charges for AC21??
I am also trying to stay afloat through the very debatable AC21 process. Currently, my case is being handled by Ron Gotcher and I have been very happy with all the help and support so far. Not to mention, they are really reasonable.
Ron Gotcher charges for AC21??
I am also trying to stay afloat through the very debatable AC21 process. Currently, my case is being handled by Ron Gotcher and I have been very happy with all the help and support so far. Not to mention, they are really reasonable.
meimmi
04-07 11:28 AM
Hi Everybody, I have a question to the people who already invoked AC21? Do we need the I-485 receipt to invoke AC21 or can we use I-797C(Biometrics notice) as proof of AOS pending? My employer and employer's attorney did not agree to give me the I-485 receipt. I filed FOIA but did not get anything yet. I could file EAD and AP online and send the biometrics notice as supporting doc, received EAD and AP is pending. Does anybody know if there is any other way to get the I-485 receipt or is it really needed for AC21?
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