greencard_fever
10-02 03:23 PM
That's good news APB.
I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....
In any case didn't expect a phone call from them so was surprised.
SoP
Hi SOP..
I was looking at all your posts and i can tell you how hard your trying to get your Wife's GC..Good Job Dude keep it up..i feel like you are fighting with USCIS to get GC...I am in a similar situtaion like you do but not same..i think my case has not been approved because of my wife's FP's was not able to read by FBI (she gave FP's 3 time in May) and never sent to USCIS by FBI..can you tell me how to escalate this issue to Napolitano or any other USCIS officals...:mad:
Thanks
GF.
I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....
In any case didn't expect a phone call from them so was surprised.
SoP
Hi SOP..
I was looking at all your posts and i can tell you how hard your trying to get your Wife's GC..Good Job Dude keep it up..i feel like you are fighting with USCIS to get GC...I am in a similar situtaion like you do but not same..i think my case has not been approved because of my wife's FP's was not able to read by FBI (she gave FP's 3 time in May) and never sent to USCIS by FBI..can you tell me how to escalate this issue to Napolitano or any other USCIS officals...:mad:
Thanks
GF.
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godbless
01-22 09:08 AM
Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.
Thats the right way. Probably I should not have told him that I have AP in my hands. This is what my attorney said. But now I have no idea if my h1 will be extended or not once I have used the AP.
Thats the right way. Probably I should not have told him that I have AP in my hands. This is what my attorney said. But now I have no idea if my h1 will be extended or not once I have used the AP.
gc_chahiye
06-24 07:25 PM
Can you add a dependent after your 485 is approved?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
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GKBest
10-11 04:04 PM
Let's give them one more month. I just hope that if they are using LIFO now (latest application received being entered into the system), they should also use LIFO in processing the cases, meaning the last case entered (probably an early July filer) will be the first one to be processed.....just a wishful thinking.
more...
eb_retrogession
01-05 02:48 PM
When I try to go to the thread "Membership Drive Suggestions",
I get the following message:
grimus, you do not have permission to access this page. This could be due to one of several reasons:
1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Log Out Home
Can the admin sort this problem out for me please?
Thanks.
grimus
grimus.
You may not have access to the secured thread. To get access, you need to send an email to info@immigrationvoice.org with your phone number. Someone will contact you and grant you the access. This is just to make sure we are like-minded ppl on the secured threads. Pls remember, there are plenty of anti-immigrants that want to jeopardize our efforts/
I get the following message:
grimus, you do not have permission to access this page. This could be due to one of several reasons:
1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Log Out Home
Can the admin sort this problem out for me please?
Thanks.
grimus
grimus.
You may not have access to the secured thread. To get access, you need to send an email to info@immigrationvoice.org with your phone number. Someone will contact you and grant you the access. This is just to make sure we are like-minded ppl on the secured threads. Pls remember, there are plenty of anti-immigrants that want to jeopardize our efforts/
hopeforgcfast
08-17 02:18 PM
Due to the pending caseload at NSC, the processing time of your I485 application has been extended. Allow extra time for an officer to review your application. Furthermore if all intial evidence was not included with your application or a question arose during adjudication that required a RFE additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as decision is made. The service is waiting for VISA availability
got this message for my wifes SR opened on 07/30, did anyone got the same response?
I got the same reply to my SR.
Your application remains awaiting review by an Officer and you will be notified as soon as decision is made. The service is waiting for VISA availability
got this message for my wifes SR opened on 07/30, did anyone got the same response?
I got the same reply to my SR.
more...
perm
06-19 09:36 AM
What should be the answer to this question on I-485 part 2- out of following 2 options for my dependents ? to me it seems #b is the right answer for my family members 485 and #a for me. BUt some how teh legal guys are changing this from #b to #a for my dependents!!
a. an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
b.an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
In your post both #a and #b are the same text. anyways. any updates on this one? I also have the same question
a. an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
b.an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
In your post both #a and #b are the same text. anyways. any updates on this one? I also have the same question
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kondur_007
10-01 11:19 AM
According to Ron Gotcher:
"There shouldn't be any debate, as the statute is explicit:"
EB2 INDIA future for fiscal year 2010 - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9181-eb2-india-future-for-fiscal-year-2010-a-2.html)
Let's see if DOS follows the law as the USCIS pending numbers clearly demonstrate that spill over to oversubscribed countries will be required(by law) in the first quarter, moreso with the new "Pending I485 numbers" report that will be released by USCIS hopefully in a month or two (since Aug25, 2009 report didn't reflect the EB2I approvals in Sepetember 2009).
So December 2009 Visa Bulletin Dates should include spillover visas. Hoping for the best.
He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")
"There shouldn't be any debate, as the statute is explicit:"
EB2 INDIA future for fiscal year 2010 - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9181-eb2-india-future-for-fiscal-year-2010-a-2.html)
Let's see if DOS follows the law as the USCIS pending numbers clearly demonstrate that spill over to oversubscribed countries will be required(by law) in the first quarter, moreso with the new "Pending I485 numbers" report that will be released by USCIS hopefully in a month or two (since Aug25, 2009 report didn't reflect the EB2I approvals in Sepetember 2009).
So December 2009 Visa Bulletin Dates should include spillover visas. Hoping for the best.
He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")
more...
docusmle
05-22 11:06 AM
Hi All!
I have my 140 approved ,in order to apply for I485 do I need stamped H1 visa in my passport?
I dont have my H1 stamped since 2003 ,I have I 94 valid until oct.2007.
then accordingly we can go to canda or my country to get it stamped the earliest,if it is mandatory.
Your input is appreciated.
Thank you.
I have my 140 approved ,in order to apply for I485 do I need stamped H1 visa in my passport?
I dont have my H1 stamped since 2003 ,I have I 94 valid until oct.2007.
then accordingly we can go to canda or my country to get it stamped the earliest,if it is mandatory.
Your input is appreciated.
Thank you.
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drona
07-13 03:19 AM
Posted on Daily News & Analysis
Dollars and scents
Ethnic communities are bringing new cultures to the American political discourse
On July 2, 2007, just weeks after announcing that they were ready to accept employment-based visa applications from hundreds of thousands of legal immigrant professionals, many of whom have been waiting for years, the US Citizenship and Immigration Service (USCIS) did a volte face and announced that their applications would not be entertained till further notice.
Not surprisingly, there were thousands of disappointed professionals. And how did they express frustration at this emotional roller coaster, considering that they had pumped over $250 million into the US economy in application and legal fees, medical expenses and so on? By taking the ideas of Mahatma Gandhi to the doorsteps of the US administration.
continued at...
http://www.dnaindia.com/report.asp?NewsID=1109544
Dollars and scents
Ethnic communities are bringing new cultures to the American political discourse
On July 2, 2007, just weeks after announcing that they were ready to accept employment-based visa applications from hundreds of thousands of legal immigrant professionals, many of whom have been waiting for years, the US Citizenship and Immigration Service (USCIS) did a volte face and announced that their applications would not be entertained till further notice.
Not surprisingly, there were thousands of disappointed professionals. And how did they express frustration at this emotional roller coaster, considering that they had pumped over $250 million into the US economy in application and legal fees, medical expenses and so on? By taking the ideas of Mahatma Gandhi to the doorsteps of the US administration.
continued at...
http://www.dnaindia.com/report.asp?NewsID=1109544
more...
Googler
10-22 01:19 PM
http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
Update and reference material on namechecks
Nice job summarizing what we know.
Update and reference material on namechecks
Nice job summarizing what we know.
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fatjoe
10-12 01:41 PM
Hi Kewl:
Thanks for you encouraging email. My senator's rep. said that my case was assigned to an IO on Sep 21st. Are you sure that it takes 10-30 days(only) once the app is with an IO? May I know how are you so sure about this? Did any NCS rep tell you this time-frame? I only hope what you said comes true.
Also, I have sent 7001 late last week. Is there a # to contact obmudsman's?
Thanks for you encouraging email. My senator's rep. said that my case was assigned to an IO on Sep 21st. Are you sure that it takes 10-30 days(only) once the app is with an IO? May I know how are you so sure about this? Did any NCS rep tell you this time-frame? I only hope what you said comes true.
Also, I have sent 7001 late last week. Is there a # to contact obmudsman's?
more...
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makemygc
08-09 12:34 PM
When does the clock start for the FBI name check delay? In other words, when people say my name check is pending for 20 months, what exactly is the starting point....is it the day you file your 485?
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Khujaokutta
03-10 07:08 PM
Sure....lets MARCH....(did not mean the current month)......I am also willing to sign....aage badooo.......:D....dum lagake....haiyaaaa....
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willgetgc2005
05-03 06:10 PM
Hello,
I have heard of the TERM 'Interfiling' to port your priority date from EB3
to EB2. This i hear happens when your 485 is pending with USCIS and
you have an EB2 labour with current PD date. So you transfer the PD using Interfiling.
Any one any thoughts or have you done this ?
Thank You !
I have heard of the TERM 'Interfiling' to port your priority date from EB3
to EB2. This i hear happens when your 485 is pending with USCIS and
you have an EB2 labour with current PD date. So you transfer the PD using Interfiling.
Any one any thoughts or have you done this ?
Thank You !
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pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
more...
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rajagopal_04
01-04 10:21 AM
They handover the PP to VFS today (Jan 4th) after long waiting. My wife�s appointment was on DEC 19th at Chennai Consulate. Best of luck for you guys..
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Nil
03-10 09:05 PM
Thanks,
This is funny - one red and one green, so it turned blue now.
Anyway - can we quickly compile a list of to-dos to take this idea fwd?
This is funny - one red and one green, so it turned blue now.
Anyway - can we quickly compile a list of to-dos to take this idea fwd?
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gcForV
07-11 02:09 PM
What I think is
(1) Employee is covered.
(2) Family may not be covered
(3) Medical Exams, preparing supporting document(Birth certificate,shipping) charges not covered
(1) Employee is covered.
(2) Family may not be covered
(3) Medical Exams, preparing supporting document(Birth certificate,shipping) charges not covered
mchundi
01-24 07:12 PM
01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules
AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
This is not good news. We dont know what happens in the next few weeks. Immigration is not a very high priority for everybody. The closer we go to elections the more the chances for other issues to creep into schedule. I hope they will atleast attach unused VISA numbers to some bill and tackle the immigration beast when they intend to.
--MC
AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
This is not good news. We dont know what happens in the next few weeks. Immigration is not a very high priority for everybody. The closer we go to elections the more the chances for other issues to creep into schedule. I hope they will atleast attach unused VISA numbers to some bill and tackle the immigration beast when they intend to.
--MC
pat123
09-20 07:01 PM
That's been my understanding all along. Applications are approved per the Notice Date, provided the applicant's PD is current. But I know, we've all seen exceptions to that rule. I guess this is more relevant in your case since you're current, but I'm not, so it doesn't really matter too much anyway. I just don't want any RFEs.
I think the program scoops up all the applications on that date and check whether the dates are current, pre adjudicated and available visa numbers. then it may move to the case officer or approval or "automagically" approves the Green card!!!!:D
I think the program scoops up all the applications on that date and check whether the dates are current, pre adjudicated and available visa numbers. then it may move to the case officer or approval or "automagically" approves the Green card!!!!:D
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