DesiGuy
09-19 03:59 PM
>> 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.
i had a son in US approx 2 yrs after i moved there. he will be 9 yrs old this xmas. ;)
only 12 more to go and he can sponsor me. :D:D
Incorrect. Applicant must be at least 21 years of age to sponsor green cards for parents.
i had a son in US approx 2 yrs after i moved there. he will be 9 yrs old this xmas. ;)
only 12 more to go and he can sponsor me. :D:D
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redcard
10-06 01:50 PM
From Matthew Oh Website:http://www.immigration-law.com/
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
The casess pending Annual Immigration such as Retrogression are only those cases where an applicant has filed for COS ie, I-485. it does not include 140 approvals but 485 not filed.
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
The casess pending Annual Immigration such as Retrogression are only those cases where an applicant has filed for COS ie, I-485. it does not include 140 approvals but 485 not filed.
cooldudesfo
09-13 04:52 PM
I am in the exactly same situation.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
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krishna.ahd
09-19 02:29 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.
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.
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GCOP
08-14 03:46 PM
Purpose of going to DC is to seek support of Congress Memebers for Visa Recapture Bill.
gc_dega_gandhigiri
08-20 01:28 PM
He applied directly at TX and it got encashed on 15th. He dint see the entry until fri eve though.
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matreen
06-07 10:12 AM
I have filed through lawyer on 4/23 and my ead expiring on 7/23. After one week of filing I have receiving receipt notice saying we received your application and if biometrics required we will let you know in separate mail but so far I have received any update neither change like LUD.
I have done my biometrics in 9/2009 and I am not sure if I need to do it again for ead renewal.
I have my lawyer contacted CIS and CIS said it may not required biometrics but she was not 100% sure and said she will put a follow up request on my file.
I am not sure what to do? my driver license gets expired with my EAD and will lots of pain if I don't get it on-time?
IV any help or suggestions to come across with this problem?
Matt
I have done my biometrics in 9/2009 and I am not sure if I need to do it again for ead renewal.
I have my lawyer contacted CIS and CIS said it may not required biometrics but she was not 100% sure and said she will put a follow up request on my file.
I am not sure what to do? my driver license gets expired with my EAD and will lots of pain if I don't get it on-time?
IV any help or suggestions to come across with this problem?
Matt
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meridiani.planum
12-14 02:41 AM
Can somebody explain how unused visas are recaptured?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
There is no clearcut guideline on how overflow is supposed to work. From people's experiences this is what USCIS has been doing:
unused RoW EB-1 goes to RoW EB-2
unused RoW eb-2 goes to RoW EB-3
until the last quarter of the year unused RoW EB-3 stayed unused.
In the last quarter, unused RoW EB-3 spill over into all other countries irrespective of whether the country has hit its cap or not. a complete free-for-all...
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
There is no clearcut guideline on how overflow is supposed to work. From people's experiences this is what USCIS has been doing:
unused RoW EB-1 goes to RoW EB-2
unused RoW eb-2 goes to RoW EB-3
until the last quarter of the year unused RoW EB-3 stayed unused.
In the last quarter, unused RoW EB-3 spill over into all other countries irrespective of whether the country has hit its cap or not. a complete free-for-all...
more...
god_bless_you
12-11 02:05 PM
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
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LONGGCQUE
06-18 09:24 AM
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
more...
raysaikat
01-15 09:21 AM
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.
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rajenk
03-24 07:04 PM
I also did switch job back in July 08. Immediately after the switch the new company had sent all documents necessary for AC21 with the help of their lawyer. USCIS have reviewed my application in October and in February for pre-adjudication. How I am sure about that is because in Feb my wife got an RFE for Medical and mine was fine. Unless the primary is fine they will not touch dependent.
So here is what you should do.
1. Contact your current company lawyers.
2. Educate them what AC21 is, I guess there was an updated AC21 Memo in May 08. My lawyer included the whole memo highlighting the clause under which I am eligible to switch job (Same or similar , I was a Senior Software Engineer, now I am Software Engineer IV, each company has its own classification).
3. Submit EVL (Employment Verification Letter) from your current employer.
4. Submit a letter explaining your eligibility for AC21.
*****Very important******
5. Submit a G28 (Change of representation) for you and all your dependents. Along with that submit the AC21 documents only then the AC21 documents will reach your file. The same is recommended by attorney Murthy.
*****Very important******
<EDIT>
Forgot your RFE in the first submission. You can include all of these as a RFE response.
</EDIT>
You should be all fine then. In my experience and what people had seen it is best to report it.
Good luck.:)
So here is what you should do.
1. Contact your current company lawyers.
2. Educate them what AC21 is, I guess there was an updated AC21 Memo in May 08. My lawyer included the whole memo highlighting the clause under which I am eligible to switch job (Same or similar , I was a Senior Software Engineer, now I am Software Engineer IV, each company has its own classification).
3. Submit EVL (Employment Verification Letter) from your current employer.
4. Submit a letter explaining your eligibility for AC21.
*****Very important******
5. Submit a G28 (Change of representation) for you and all your dependents. Along with that submit the AC21 documents only then the AC21 documents will reach your file. The same is recommended by attorney Murthy.
*****Very important******
<EDIT>
Forgot your RFE in the first submission. You can include all of these as a RFE response.
</EDIT>
You should be all fine then. In my experience and what people had seen it is best to report it.
Good luck.:)
more...
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diptam
03-25 11:49 AM
My Vermont ext says received on Jan 9th and i see a LUD on Feb 17th but after that pindrop silence - no movement.
Dont understand what that LUD means , earlier i always got approval within 7-15 days of LUD from Vermont.
H1B Extension received Dt 02/20/2008. Based on this thread I have to wait another 4 to 5 months.:confused:
Dont understand what that LUD means , earlier i always got approval within 7-15 days of LUD from Vermont.
H1B Extension received Dt 02/20/2008. Based on this thread I have to wait another 4 to 5 months.:confused:
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Xeogears13
04-17 10:52 PM
I got my first 'job' like a month ago (I'm 14) and the guy was fine with my age.
Two tips:
-You should tell the person how old you are before you start anything (the person might not want some 14 year old making him a site/movie/graphic).
-Not that you CAN'T speak slang, it's just better not to. I mean do what ever you want, it's just a suggestion.
-bob
Two tips:
-You should tell the person how old you are before you start anything (the person might not want some 14 year old making him a site/movie/graphic).
-Not that you CAN'T speak slang, it's just better not to. I mean do what ever you want, it's just a suggestion.
-bob
more...
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bharani
10-02 10:57 AM
IMHO If you have money save it for future payments(atleast a year's payments). If you lose job, this money will help make your payments.
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mailmy_gc
06-07 04:47 PM
I filed my wife EAD on 8th of April, saw couple of LUD around April 20th ... After no LUD's. Waiting eagerly to get approved.
more...
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hpandey
01-18 12:42 PM
2000-2002 was worst. Who didnt do job search during that time have no idea how it felt like.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
It was so hard to find a job those days. I was myself unemployed for so many months along with a lot of my friends and everyone of us was highly qualified and experienced. Since 2002 end onwards everyone of us has a good job without any breaks.
I hope we don't get to see the 2001 recession again and I am sure it won't be that bad this time.
It is the financial sector which is paying for its own mistakes. It might spill over to the other sectors of the economy but not to the degree it happened in 2001. Just my opinion.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
It was so hard to find a job those days. I was myself unemployed for so many months along with a lot of my friends and everyone of us was highly qualified and experienced. Since 2002 end onwards everyone of us has a good job without any breaks.
I hope we don't get to see the 2001 recession again and I am sure it won't be that bad this time.
It is the financial sector which is paying for its own mistakes. It might spill over to the other sectors of the economy but not to the degree it happened in 2001. Just my opinion.
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admin
02-28 12:23 PM
Our strategic Counsel, Quinn Gillespie & Associates (QGA) has begun setting up meetings for us with lawmakers and congressional staff in a big way.
Three of our volunteers are in Washington DC this week. Yesterday, we met with Chief Counsel of the House Sub Committee on Immigration and also California Congresswoman Zoe Logfren's Senior Aide and get the House view on Comprehensive Immigration Bill. We were also interviewed by Kate Ackley, Reporter for Roll Call (http://www.rollcall.com/). Roll Call is THE newspaper read by lawmakers and their staff and the best way for us to get the message to them.
Today they have already been to White House and spoken to senior people to get the Administration's view on immigration. They have 2 more meeting for the day.
They have another full day on Friday and Monday also, when they will be meeting with 3-4 Senator's staff on each day. All these senator's are high powered senators who will be able to very much further our cause.
More details of these meeting will follow shortly, when they are able to get a breather from all those meetings.
To maintain this kind of excellent service provided by QGA, we urge our members to please contribute monetarily to IV.
Three of our volunteers are in Washington DC this week. Yesterday, we met with Chief Counsel of the House Sub Committee on Immigration and also California Congresswoman Zoe Logfren's Senior Aide and get the House view on Comprehensive Immigration Bill. We were also interviewed by Kate Ackley, Reporter for Roll Call (http://www.rollcall.com/). Roll Call is THE newspaper read by lawmakers and their staff and the best way for us to get the message to them.
Today they have already been to White House and spoken to senior people to get the Administration's view on immigration. They have 2 more meeting for the day.
They have another full day on Friday and Monday also, when they will be meeting with 3-4 Senator's staff on each day. All these senator's are high powered senators who will be able to very much further our cause.
More details of these meeting will follow shortly, when they are able to get a breather from all those meetings.
To maintain this kind of excellent service provided by QGA, we urge our members to please contribute monetarily to IV.
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rb_248
09-11 01:15 PM
The frustration in the EB3 community is very intense. I hate to see this become a feud between EB3 and EB2. We all are in this together. Please stop hating. Just 1 post brought my reputation down from 4 greens to 2 reds.
techbuyer77
09-17 02:54 PM
I think you can get a letter from employer stating that they can not employ you any more. I am not sure if they issue a letter to every person that loses the job. Just make sure that your intention to work with the sponsering employer is documented somehow .
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
I got a letter saying they can not give me my job back dated 5 days after my approval.
I show up told them I was approved, they say sorry we have not sold anything on those 3 months, we are doing bad, cannot take you back.
They dont have any problems with it and I can wait 10 years to become a citizen if that is what it takes.
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
I got a letter saying they can not give me my job back dated 5 days after my approval.
I show up told them I was approved, they say sorry we have not sold anything on those 3 months, we are doing bad, cannot take you back.
They dont have any problems with it and I can wait 10 years to become a citizen if that is what it takes.
d123
10-04 11:17 AM
I signed the G-28 for 485, EAD & AP. Attorney received the receipt notices for all and he just emailed the case no(s) and A #.
When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!
Folks - Is it possible to get a copy of the receipt notices by calling USCIS?
Thanks in advance!
They are scared that you might change lawyer??
When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!
Folks - Is it possible to get a copy of the receipt notices by calling USCIS?
Thanks in advance!
They are scared that you might change lawyer??
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