rbharol
01-23 11:41 PM
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This bill will not even be discussed.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This bill will not even be discussed.
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gcformeornot
10-19 09:13 AM
There were about 600,000 AOS applications including the July and August filers. So that number less 60,000...roughly about 540,000 applications still pending with USCIS....
applications pending before July/Aug applications, why did they make all CURRENT? I don't think this number is correct. They maybe stuck in FBI Namecheck.
applications pending before July/Aug applications, why did they make all CURRENT? I don't think this number is correct. They maybe stuck in FBI Namecheck.
alp_waj
11-07 11:10 AM
Hi guyz,
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
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jnraajan
03-28 04:56 PM
I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.
more...
maheshf
01-24 09:22 PM
Thank you all for information. I confirmed with our lawyer one more time
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
JunRN
12-18 04:07 PM
no slow, no fast..just follow the rules of the game..
Yes, we follow the rules of the game. Who says we shouldn't?
All I am saying is let's put practicality into matter. USCIS IOs are human who make mistakes. If you put the IOs into situation where they can potentially make mistakes, then they can potentially make an error, be it to your advantage or not.
We've seen some cases where IOs are committing mistakes, haven't you? And aren't we learning from that or not?
At the end of the day, it is your choice. I have chosen my path. You have chosen yours. We both follow the rules of the game. Let's see each other at the finish line.
Yes, we follow the rules of the game. Who says we shouldn't?
All I am saying is let's put practicality into matter. USCIS IOs are human who make mistakes. If you put the IOs into situation where they can potentially make mistakes, then they can potentially make an error, be it to your advantage or not.
We've seen some cases where IOs are committing mistakes, haven't you? And aren't we learning from that or not?
At the end of the day, it is your choice. I have chosen my path. You have chosen yours. We both follow the rules of the game. Let's see each other at the finish line.
more...
meridiani.planum
04-03 12:09 PM
18.
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)
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vxg
10-09 01:12 PM
A friend told me about the E category visa for Australian nationals. Is this true?
According to him, if you become an Australian national, you can use the E-visa.
Has anyone migrated to Australia and returned to US successfully on a E-visa?
Has anyone also applied successfully for a green card on a E-visa?
How long does it take to get Australian nationality?
I think you can apply as Australina national but your priority date is dependent upon your birth country not the country of acquired citizenship. I have a friend who is an Australian citizen (born in India) and is stuck in retrogression.
According to him, if you become an Australian national, you can use the E-visa.
Has anyone migrated to Australia and returned to US successfully on a E-visa?
Has anyone also applied successfully for a green card on a E-visa?
How long does it take to get Australian nationality?
I think you can apply as Australina national but your priority date is dependent upon your birth country not the country of acquired citizenship. I have a friend who is an Australian citizen (born in India) and is stuck in retrogression.
more...
chandrajp
08-24 10:29 AM
NatrajS - I got my FP notice - its scheduled for 1st week of Sep.
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
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getgc2008
11-22 11:27 AM
I am still waiting. I created a SR and reply was to wait for biometrics. I am going to India in dec. Any recommendation on what to do if I still have not got the card?
more...
kufloyd
06-13 07:58 PM
I think it's fairly common. So don't worry about it too much.
"fairly common"? But what does it indicate? And where has the case moved to?
"fairly common"? But what does it indicate? And where has the case moved to?
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desi3933
09-19 02:40 PM
On the lighter side
Think about this , Your citizen kid can sponsor you when he/she attain 18.
So who ever planning to have one , start implementing , and parent of 10 month old just wait for 17 yr 2 months.
>> Your citizen kid can sponsor you when he/she attain 18
Incorrect. Applicant must be at least 21 years of age to sponsor green cards for parents.
Think about this , Your citizen kid can sponsor you when he/she attain 18.
So who ever planning to have one , start implementing , and parent of 10 month old just wait for 17 yr 2 months.
>> Your citizen kid can sponsor you when he/she attain 18
Incorrect. Applicant must be at least 21 years of age to sponsor green cards for parents.
more...
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lrindy
10-05 03:39 PM
One of my colleagues got audit for two consecutive years and he received his green card last month.
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
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Dhundhun
01-06 03:52 PM
AFAIK, those who become ligible to receive stimulus in 2008 can claim stimulus of previous year. IRS will post information - how to claim it.
UPDATE: Refer to (Thanks gc_dedo) irs has already posted ...
There is no fresh memo for becoming ligible, it still holds that both filing jointly should have SSN. If one was not having SSN (in 2007) and could not get last year (in 2008) still won't get stimulus - unless ligibility is changed by IRS and ITIN is brought into it.
I am not sure how much this mechanism works - file alone to get stimulus and then modify return by filing jointly. People who have done this (with 2007 return) should post their experience of returns of 2008 - whether IRS allowed it or not.
UPDATE: Refer to (Thanks gc_dedo) irs has already posted ...
There is no fresh memo for becoming ligible, it still holds that both filing jointly should have SSN. If one was not having SSN (in 2007) and could not get last year (in 2008) still won't get stimulus - unless ligibility is changed by IRS and ITIN is brought into it.
I am not sure how much this mechanism works - file alone to get stimulus and then modify return by filing jointly. People who have done this (with 2007 return) should post their experience of returns of 2008 - whether IRS allowed it or not.
more...
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GCNaseeb
09-30 11:41 PM
http://immigrationvoice.org/forum/showpost.php?p=175761&postcount=34
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n.sravan
10-03 12:26 PM
I have two passports one with H4 Visa stamped and another Surname changed. While entering US, I have used my name as in the Visa (new surname) in the I-94 card.
I have applied for H1B with new surname in this May and change of Status with that I-94.
During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)
Now I got H1 approval and COS approval with my middle name taken as first name and new surname.
1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
2) First name and middle name are interchanged in the passport and H1 approval.
Is this going to create any problem while applying SSN? What are the possible consequences..
Also, any similar scenarios, plz respond..
I have applied for H1B with new surname in this May and change of Status with that I-94.
During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)
Now I got H1 approval and COS approval with my middle name taken as first name and new surname.
1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
2) First name and middle name are interchanged in the passport and H1 approval.
Is this going to create any problem while applying SSN? What are the possible consequences..
Also, any similar scenarios, plz respond..
more...
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meridiani.planum
04-15 06:04 PM
have any one applied for AC 21 your self or with advise, I need some guidance can you please help.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
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hcard
08-24 09:30 AM
Hcard was there any LUD on your file ?
Yes, It was 08/05/2007. But that does not matter.
Yes, It was 08/05/2007. But that does not matter.
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Soul
12-31 06:29 AM
:beam:
I'd say about 15 hours, not all together of course haha :P I like to take my time =)
Do ya like the sunset sky in the autumn one by the way? =)
Thanks for your votes guys :beam:
- Soul :goatee:
I'd say about 15 hours, not all together of course haha :P I like to take my time =)
Do ya like the sunset sky in the autumn one by the way? =)
Thanks for your votes guys :beam:
- Soul :goatee:
HV000
03-06 06:35 PM
Thank you ALL for your responses!!! Last few days have been like hell for me. I'm trying to stay of H1B since i am NOT married.
gc_maine2
05-15 08:44 AM
apahilaj,
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Just a quick update
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Just a quick update
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
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