virald
07-18 09:38 AM
Do you know if these applications were send back right away or they are still holding it?
Where did you get this information, can you please post the source?
From Greg Siskind's blog
His Comments --
I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
AND
I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.
Where did you get this information, can you please post the source?
From Greg Siskind's blog
His Comments --
I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
AND
I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.
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pappu
07-01 09:32 PM
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
chanduv23
11-22 02:14 PM
There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
Always follow the right route. But if you are in troubled waters, try provisions and workarounds make make sure u do it legally :) Play by the rules. In cases where company is laying off, bad managers, selfish employers, mergers etc... bad work, I think one must see if he has provisions and workarounds. You never marry a company for thee sake of Green Card, if you do so, then get ready for an unconditional divorce. Remember, company are commercial entities, and they dont care a shit about u or ur family or green card, they care about themselves, I have seen so many people being artificially loyal to their companies so that they would not face layoffs or issues. As such nothing is straight forward. No system is 100% perfect and though the American system may not be 100% perfect system, this is the only system that can be the best in the world. There is provision for almost anything. One may not feel right about certain things but at the end of the day everyone gets what they deserve. Try to be a "survivor" :)
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
Always follow the right route. But if you are in troubled waters, try provisions and workarounds make make sure u do it legally :) Play by the rules. In cases where company is laying off, bad managers, selfish employers, mergers etc... bad work, I think one must see if he has provisions and workarounds. You never marry a company for thee sake of Green Card, if you do so, then get ready for an unconditional divorce. Remember, company are commercial entities, and they dont care a shit about u or ur family or green card, they care about themselves, I have seen so many people being artificially loyal to their companies so that they would not face layoffs or issues. As such nothing is straight forward. No system is 100% perfect and though the American system may not be 100% perfect system, this is the only system that can be the best in the world. There is provision for almost anything. One may not feel right about certain things but at the end of the day everyone gets what they deserve. Try to be a "survivor" :)
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gc_chahiye
08-16 12:59 AM
September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
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hpandey
04-24 10:57 AM
Wish you best of luck !!
pmb76
03-18 04:58 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
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Imigrait
01-30 02:39 PM
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
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ndbhatt
06-10 09:04 PM
I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.
There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.
There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
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DDD
03-14 07:03 PM
well someone issue the challenge. We can pick up where the BB contest was at. Basically a boxing robot or something like that. Not sure if we want to do realism and all that tho. I can pretty much only do it on weekends so a 4-6 week time frame sounds good.
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pappu
05-07 11:25 AM
I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".
Is there a link that shows all donor forums...
Looks like you contributed few minutes ago. You should be able to see the forums by tomorrow once we enter you in the system tonight.
On http://immigrationvoice.org/forum/index.php
you will see he 'donor forum' area as the first forum catagory once your status changes from member to donor.
Is there a link that shows all donor forums...
Looks like you contributed few minutes ago. You should be able to see the forums by tomorrow once we enter you in the system tonight.
On http://immigrationvoice.org/forum/index.php
you will see he 'donor forum' area as the first forum catagory once your status changes from member to donor.
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nixstor
07-18 12:58 AM
Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.
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frodobaggins
04-03 11:52 PM
:mad:
Hey imv116, how about the fact that it is totally unethical and illegal? How can you support this? I myself have done MS and have seen the effect of this ridiculous practice. I was very good and yet could not get any job because the market is flooded with false resumes. So employers think there are many experienced candidates and do not want freshers!!
Also, just like others have mentioned, it undermines the quality and experience of the genuine people. I agree that students sometimes do not have a choice in the current scenario. But at the same time, many of them are just not good enough to get a job on their own merit. That is why they have no problem resorting to such shameful tactics.
:mad:
Hey imv116, how about the fact that it is totally unethical and illegal? How can you support this? I myself have done MS and have seen the effect of this ridiculous practice. I was very good and yet could not get any job because the market is flooded with false resumes. So employers think there are many experienced candidates and do not want freshers!!
Also, just like others have mentioned, it undermines the quality and experience of the genuine people. I agree that students sometimes do not have a choice in the current scenario. But at the same time, many of them are just not good enough to get a job on their own merit. That is why they have no problem resorting to such shameful tactics.
:mad:
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Novice
07-15 12:31 PM
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?
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desi3933
01-30 02:43 PM
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
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wizard20740
07-09 07:25 PM
A FBI name check does not seem to be a mandatory requirement for a GC. I think it maybe part of a "National Security Background Check" but does not seem to be a mandatory one.
Also Please see link below, which seems to indicate that precedents exist for issuing Citizenship to people without completion of background checks. These checks have to be completed within 120 days of citizenship interview, and it seems that in nearly 20% cases, people have been granted citizenship without completion of background checks because the 120 day timeline expired.
http://immigration.about.com/b/a/256020.htm
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
Also Please see link below, which seems to indicate that precedents exist for issuing Citizenship to people without completion of background checks. These checks have to be completed within 120 days of citizenship interview, and it seems that in nearly 20% cases, people have been granted citizenship without completion of background checks because the 120 day timeline expired.
http://immigration.about.com/b/a/256020.htm
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
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optimystic
03-17 03:36 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
Bottom line, people moving away from EB3 to EB2 queue does provide relief to people remaining in the EB3 queue. Since now there's 'x' less number of people competing for the 7% visa numbers.
Its a different matter that the spillover from ROW is going to benefit EB2 queue more than it does EB3. But that's a different point. And in fact, if EB2 starts moving faster because of this spill over, hopefully more Eb3 people jump ship to Eb2 queue . In that case the ROW spillover is indirectly going to help people who stay back in Eb3 queue.
As for myself, I have Eb3 India PD of May 2001, which is very close to the front of the queue. So none of this queue jumping or spillover will affect my status much :) . On the other hand the USCIS' ability to sanely act in a FIFO order does ! But thats impervious to any external factors :)
Bottom line, people moving away from EB3 to EB2 queue does provide relief to people remaining in the EB3 queue. Since now there's 'x' less number of people competing for the 7% visa numbers.
Its a different matter that the spillover from ROW is going to benefit EB2 queue more than it does EB3. But that's a different point. And in fact, if EB2 starts moving faster because of this spill over, hopefully more Eb3 people jump ship to Eb2 queue . In that case the ROW spillover is indirectly going to help people who stay back in Eb3 queue.
As for myself, I have Eb3 India PD of May 2001, which is very close to the front of the queue. So none of this queue jumping or spillover will affect my status much :) . On the other hand the USCIS' ability to sanely act in a FIFO order does ! But thats impervious to any external factors :)
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calabor2001
05-14 06:12 AM
PD is current now - lets see if it gets adjudicated! I-485 in TSC. Details in signature.
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willwin
04-03 02:02 PM
Not yet Filed EAD. PD MARCH 2005
Oops! that's pretty bad.
Looks like you missed the boat last July!
I know guys with PD 2006 and got their GC approved during July-Sep 2007.
Hope the date moves this summer so that you could file your 485.
Oops! that's pretty bad.
Looks like you missed the boat last July!
I know guys with PD 2006 and got their GC approved during July-Sep 2007.
Hope the date moves this summer so that you could file your 485.
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vparam
10-29 12:27 PM
Not wrong in hoping right :-)
Green.Tech
03-03 04:43 PM
That is option # 2
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
Refugee_New
07-30 11:19 AM
LOL.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
You are true. Every religion preaches their followers to give atmost respect to people of other faith. Being a weak humanbeing we always tend to forget these simple rules.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
You are true. Every religion preaches their followers to give atmost respect to people of other faith. Being a weak humanbeing we always tend to forget these simple rules.