nogc12
07-19 12:42 AM
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
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GCwaitforever
05-02 09:55 AM
I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
I did not know who started it. Good job for standing up. Please let us know what SSA says about this. In my case everyone in the family have SSNs, so this does not apply to us. But I will support any initiative in this regard.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
I did not know who started it. Good job for standing up. Please let us know what SSA says about this. In my case everyone in the family have SSNs, so this does not apply to us. But I will support any initiative in this regard.
mirage
04-01 01:50 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
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vparam
07-21 10:53 AM
Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.
I strongly doubt whether he could help. I am not sure how many people have done like me, but the recent change of de-linking H4 time from H1 was a year long effort by me with all the laws reffered and countered arguments that i provide to ombudsman. He helped in that but the help was routing it to appropriate AG's staff. So with such a deluge of application , he will analysis and make a recommendation that would take as long as this EAD issue will cease to be an issue and that would take another year for USCIS to implement.
I strongly doubt whether he could help. I am not sure how many people have done like me, but the recent change of de-linking H4 time from H1 was a year long effort by me with all the laws reffered and countered arguments that i provide to ombudsman. He helped in that but the help was routing it to appropriate AG's staff. So with such a deluge of application , he will analysis and make a recommendation that would take as long as this EAD issue will cease to be an issue and that would take another year for USCIS to implement.
more...
msp1976
05-04 10:30 AM
I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.
Cases transferred from federal offices :
There is no set trend in processing of these cases. There are a substantial number of approvals.
Cases transferred from SWA offices :
There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
The folks left over from 2001 may receive NOF or some query. I am not sure.
If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...
Cases transferred from federal offices :
There is no set trend in processing of these cases. There are a substantial number of approvals.
Cases transferred from SWA offices :
There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
The folks left over from 2001 may receive NOF or some query. I am not sure.
If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...
ychousa
07-19 12:00 PM
I checked CIS procedure in the following site: http://www.imminfo.com/resources/cissop.html
According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.
So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I wish I got an answer from someone in CIS.
According to the procedures, until they enter data into their central sytem, it seems it's pretty tough to say that they intervene somewhere and sort out by PD. Section 6: Workload Distribution might be the key to answer our questions, but the section is missing.
So they enter the applications in the order they're received, and each application is given an "RD." The "RD" indeed plays a role in the adjudication: https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I wish I got an answer from someone in CIS.
more...
9years
09-13 10:37 AM
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
2010 in the movie Rock On
Libra
09-29 12:04 PM
only option is they can hire some people to process application on temp basis.
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
more...
addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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hiralal
03-06 05:20 AM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
you should have asked - is there anyone left here who has not given up. look at plus side - you are not from India / China - I would go to venezula under Chavez's rule in a blink (if I was single ) just for the pretty girls .. jokes aside --
first there is hope (when you first apply) - then impatience - then despair (as you count the lawyer / USCIS fees over the years) - then anger that nothing is happening - then bit of depression -- then FINALLY you attain NIRVANA -- the bliss (the money saved due to uncertainity helps) !!!! and you realize -- it is just a silly card.. if it has to come it will come. it will come when it has to and why worry about a card when economy in US is lethargic and around the world things are improving.
so have a backup - enjoy life - look at positive side (maybe you didn't buy a overpriced house because of the GC uncertainity etc) and don't worry ..LIFE is too short .
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
you should have asked - is there anyone left here who has not given up. look at plus side - you are not from India / China - I would go to venezula under Chavez's rule in a blink (if I was single ) just for the pretty girls .. jokes aside --
first there is hope (when you first apply) - then impatience - then despair (as you count the lawyer / USCIS fees over the years) - then anger that nothing is happening - then bit of depression -- then FINALLY you attain NIRVANA -- the bliss (the money saved due to uncertainity helps) !!!! and you realize -- it is just a silly card.. if it has to come it will come. it will come when it has to and why worry about a card when economy in US is lethargic and around the world things are improving.
so have a backup - enjoy life - look at positive side (maybe you didn't buy a overpriced house because of the GC uncertainity etc) and don't worry ..LIFE is too short .
more...
darslee
07-07 12:18 PM
We are 6th year H1B, but we only have a PD date of 27th July 2006.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
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needhelp!
07-15 01:57 PM
Thanks for your participation:
bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal
bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal
more...
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Winner
06-11 03:04 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
You got me all curious now, if you accept the status quo, why are you here in this site as a member? Don't get me wrong, but I'm curious to know what is your objective in becoming a member of IV.
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
You got me all curious now, if you accept the status quo, why are you here in this site as a member? Don't get me wrong, but I'm curious to know what is your objective in becoming a member of IV.
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apahilaj
05-01 10:28 AM
Any takers?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
more...
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nixstor
03-13 11:59 AM
How long does it take to receive the cert in mail?
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diptam
07-06 10:50 AM
See - lets not fight within ourselves. We both have the same cause but expressing differently.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
more...
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Humhongekamyab
02-18 04:27 PM
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.
No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.
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manderson
01-03 03:52 PM
I thought the Background check and AP are independent of each other. Perhaps one of the gurus can confirm this.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
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chi_shark
06-11 12:56 AM
if the orignial post on this thread is really true, then eb2/eb3 india/china with p.d. older newer than 2002 should basically pack whatever they have so far and leave... is that a fair reading? does anyone care to ammend my statement to perhaps "newer than 2003 [or 2005]"?
At least this clears up any hopes from future Visa Bulletins. What's next?
At least this clears up any hopes from future Visa Bulletins. What's next?
mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
June05
07-14 01:56 PM
Done.
Conf # 7YB2M-N5ZJC
Amount $10 - me and my wife.
Conf # 7YB2M-N5ZJC
Amount $10 - me and my wife.
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