furiouspride
08-10 01:59 PM
I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
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harsh
12-12 04:54 PM
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
GCanyMinute
08-02 03:17 PM
The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
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vkrishn
07-16 11:32 AM
Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D
Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.
My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.
Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.
My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.
more...
dilvahabilyeha
06-18 02:23 PM
Hi friends,
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
sivakumar
02-22 11:57 AM
Hi Friends,
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
more...
Jaime
09-10 03:05 PM
You are grossly being taken advantage of - You just met an immigrant from a green card lottery country who applied for a green card over the internet and got it, thanks to the lottery. Good for him or her! But this immigrant has very basic schooling and is just now starting to look for a job in whatever. You, on the other hand, had to go through grueling interview processes at your current company and had to overcome many immigration process hurdles such as Labor certification, to prove that no American was available for your job. Even then, your green card is still many years away. Even with your U.S.-earned PhD or MAsters degree...and you may yet be laid off and forced to immediately leave the United States. If only you had been born in Iceland or Botswana or Kenya and won a green card through the USCIS lottery from an internet cafe in Nairobi!!!! No such luck though!
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GCBy3000
07-12 11:32 PM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
more...
retrohatao
02-08 04:28 PM
Description of the process:
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
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addsf345
12-11 07:42 PM
If US does not benefit from giving the visas, are they doing it as a part of social service?
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
more...
ArunAntonio
11-21 08:36 PM
- Is it possible to change your employer and port your PD after the I140 is
approved?
- I know that the Complete process of labour ect.. needs to be restarted but
what if the previous I140/labour is revoked by the previous employer (Can
the previous employer do that ?)
- Can the above be done when the person is on their 8th year H1 extenstion?
approved?
- I know that the Complete process of labour ect.. needs to be restarted but
what if the previous I140/labour is revoked by the previous employer (Can
the previous employer do that ?)
- Can the above be done when the person is on their 8th year H1 extenstion?
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skark
03-21 05:31 PM
Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
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bestin
12-21 08:33 PM
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
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sh2005
07-13 04:42 PM
I wasn't going to jump in the debate on what was Murthy's intention when she published that letter. But I can't help noting something odd in the posts where some are claiming she will try to take credit later on for making this "big development" happen. We don't even know what this big development is!! All we have is a posting by the Core Group and couple of attorneys' websites' speculation. I am hoping it's will be a big positive development for us when it is announced, but right now we are counting our chickens before they are hatched and denouncing someone's intention based on speculations and guesses!
more...
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SunnySurya
07-28 11:24 AM
I am a hindu but I also want to present anothere extrem point of view..
PS: I DON'T like the tone of his blog..
http://www.thoughts.com/truth/blog/oh-you-hindu-awake-16869/
PS: I DON'T like the tone of his blog..
http://www.thoughts.com/truth/blog/oh-you-hindu-awake-16869/
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lvinaykumar
05-21 10:15 AM
Congrats, Please keep supporting IV
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logiclife
12-20 07:14 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
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mirage
07-13 07:54 AM
Please correct your spelling of Murthy. I thought some senator or Congressman Murphy wrote to DOS. If it was murthy I wouldn't have bothered to come on this thread. She is a big time crook. Shamelessly she's trying to take credit of everything that we are doing here under 1 banner called immigrationvoice she will take credit of Zoe Lofgren and everybody else. She has never ever mentioned immigrationvoice for anything in her so called updates.
http://www.murthy.com/chertoff_murthy.html
July 12, 2007
......
http://www.murthy.com/chertoff_murthy.html
July 12, 2007
......
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rsayed
11-20 11:13 PM
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
sam0407
07-13 11:11 AM
I agree with shivaz90, we put so much effort and unity to bring this issue to light and hoping for justice, Let’s not spoil that sprite. Whatever the hidden agenda behind Murthy’s letter to DHS.. let’s not loose our focus.
sanju
11-11 05:37 PM
I am not sure what lobbying efforts would do for us, haven't worked so far...
You have been waiting for your GC approval. Have you gotten it yet? No. Everything you have done hasn't worked. Then why continue to wait for the GC? Lets leave.
You see what I am saying. I am merely using your argument to highlight the ignorance embedded in your post.
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
I repeat, as I have done so many times, asking others to work on your ideas (which you seem to think are original and your own) is common wisdom on these forums. Next time, try to come up with something original.
.
You have been waiting for your GC approval. Have you gotten it yet? No. Everything you have done hasn't worked. Then why continue to wait for the GC? Lets leave.
You see what I am saying. I am merely using your argument to highlight the ignorance embedded in your post.
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
I repeat, as I have done so many times, asking others to work on your ideas (which you seem to think are original and your own) is common wisdom on these forums. Next time, try to come up with something original.
.