jefkorn
02-24 07:31 PM
Why do you say so? This has no relation with the current Feb.04, 2008 memo.
The file is an old policy change where USCIS doesn't automatically consider an pending mandamus lawsuit in court as a reason to expedite. They started fighting these cases but have definitely expedited name checks after the policy change( in 02/2007) in response to court orders.
Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
The file is an old policy change where USCIS doesn't automatically consider an pending mandamus lawsuit in court as a reason to expedite. They started fighting these cases but have definitely expedited name checks after the policy change( in 02/2007) in response to court orders.
Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
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vbkris77
11-30 10:42 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
gjoe
12-24 09:23 PM
This is good news for all of us who have EB3 I PD after 2Oct2001. Good news on a holiday to start a good start for the new year.
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pappu
12-31 01:30 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
more...
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prabasiodia
08-09 05:24 PM
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
GKBest
07-16 11:50 PM
Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
more...
mihird
09-14 03:31 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
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gc_freedom
01-23 12:46 AM
Called and informed few friends about the IV letter campaign..Also spoke to folks who already have their GC but can help others...
Keep it up!
gc_freedom
Keep it up!
gc_freedom
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mali03
04-01 08:15 PM
Sent both faxes.
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onemorecame
10-19 01:39 PM
I efiled on June 01 2010, but response till today
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arkrish68
02-10 08:43 PM
There was a soft LUD on mine as well as on my wife's I-485 :D. Mine was filed in NSC on July 2nd 2007 and transferred to CSC for receipts and transferred back to NSC :confused:. Currently mine is not within the priority date :confused: . Not sure why there is sudden LUD this month :eek:.
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mundada
08-07 05:59 PM
Can you back date your marriage during marriage registration?
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saurav_4096
01-04 02:59 PM
wow...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
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rolrblade
07-19 10:27 AM
What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
more...
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javadeveloper
02-12 05:37 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
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arian2002
03-26 02:54 PM
In Florida, one has to show an EVL before they give the one year "temporary" license. I wonder what happens when your H-1B expires and your renewed H-1B has not arrived, sit at home:confused:
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illinois_alum
09-30 04:54 PM
Thank you very much illionois_alum :)
You're welcome :)
You're welcome :)
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vardinishankar
10-28 12:46 PM
hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.
Brush up your General Knowledge, look around you. If you see, there is a priority date on my post - Infy does not sponspor GC's, atleast not with those priority dates in EB2 category. Can you deduce what that implies?
You are thinking only about the small percentage of "lost Indians" (including me) who are in this mess - if you really think about your motherland (and mine), help guys like NRN get a good infrastructure in place. By ridiculing him, what are you trying to say? had you been in his place, what would you have done? Settle here immediately, and launch a daily "freighter" to bring all Indians to US? What desh bhakti!
tonyHK12 rightly said - "look around" - dont get blinded sitting in front of the computer with just one site to visit ;) Look at the good things that someone does, take the positive things out of everything, respect every being - that is what the religions say - if you really believe in one. Wake up buddy - may God bless you!
BTW, if you ask the Hindu "pundits", it is not a religion at all, its more than just a religion!
Brush up your General Knowledge, look around you. If you see, there is a priority date on my post - Infy does not sponspor GC's, atleast not with those priority dates in EB2 category. Can you deduce what that implies?
You are thinking only about the small percentage of "lost Indians" (including me) who are in this mess - if you really think about your motherland (and mine), help guys like NRN get a good infrastructure in place. By ridiculing him, what are you trying to say? had you been in his place, what would you have done? Settle here immediately, and launch a daily "freighter" to bring all Indians to US? What desh bhakti!
tonyHK12 rightly said - "look around" - dont get blinded sitting in front of the computer with just one site to visit ;) Look at the good things that someone does, take the positive things out of everything, respect every being - that is what the religions say - if you really believe in one. Wake up buddy - may God bless you!
BTW, if you ask the Hindu "pundits", it is not a religion at all, its more than just a religion!
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GCSOON-Ihope
09-14 05:23 PM
My friend, it is easy to say: "don't worry, be happy".
You seem indeed to be in a very enviable situation. Maybe many are like you.
Good for you guys. Now, think a little bit about the others.
I am sure that we are also many stuck in a job/company that we hate and the only practical way out is the GC. Sad and frustrating as it is, it is also the truth for many of us.
You seem indeed to be in a very enviable situation. Maybe many are like you.
Good for you guys. Now, think a little bit about the others.
I am sure that we are also many stuck in a job/company that we hate and the only practical way out is the GC. Sad and frustrating as it is, it is also the truth for many of us.
dsva
01-11 12:39 PM
I sent the letter to the President and copy to IV on 01/08/2007.
funny
05-15 11:41 AM
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
I felt the same....
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
I felt the same....