yabadaba
07-05 11:14 AM
Oh law reports:
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
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srinivas06
01-13 12:13 AM
I think it is better to try and see. It is totally ridiculous making people to wait for more than a decade to get GC. I will contribute $500 for this.
gccovet
06-28 05:21 PM
I have some questions:
I have EAD and AP, but i never used it. Still working on H1.
My wife used EAD but never went outside US..so never used AP.
1) In EAD form, for Q.15 Current Immigration Status for me and my wife?
2) In AP form, for "Class of Admission", what should I write for me and my wife?
Thanks
Q15: For you = H1B For Wife = AOS Pending
#2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)
You =H1B Wife =H4
GCCovet
I have EAD and AP, but i never used it. Still working on H1.
My wife used EAD but never went outside US..so never used AP.
1) In EAD form, for Q.15 Current Immigration Status for me and my wife?
2) In AP form, for "Class of Admission", what should I write for me and my wife?
Thanks
Q15: For you = H1B For Wife = AOS Pending
#2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)
You =H1B Wife =H4
GCCovet
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BornConfused
07-03 03:39 PM
New applications coming in after July 2????
Don't panic.
That "WOULD" be coming in after July 2. WOULD. Not "will" but "would". Hypothetically speaking.
Don't panic.
That "WOULD" be coming in after July 2. WOULD. Not "will" but "would". Hypothetically speaking.
more...
Better_Days
07-09 01:59 PM
In my opinion, with this global economy - if the spouse is well educated and can work, there should be an opportunity for that person to work (atleast few hours per day).
Excellent point. I think that the heart of the issue is that the immigration system in US is stuck in stone age when the needs of a knowledge driven, global economy are considered. Every visa category denied a job is seen as having an American having a shot at that opportunity. This is a short sighted view: people that can be launching companies etc are sitting and waiting for a decision from an inefficient, ineffective and outdated bureaucracy.
But what do I know? I "knew the rules before I came here" :o
Excellent point. I think that the heart of the issue is that the immigration system in US is stuck in stone age when the needs of a knowledge driven, global economy are considered. Every visa category denied a job is seen as having an American having a shot at that opportunity. This is a short sighted view: people that can be launching companies etc are sitting and waiting for a decision from an inefficient, ineffective and outdated bureaucracy.
But what do I know? I "knew the rules before I came here" :o
WeShallOvercome
09-21 06:54 PM
I flew from Seattle. Started 4:00PM monday afternoon and reached 7AM tuesday. left 5PM tuesday and reached home at midnight. HAd to take an unpaid vacation.
I had asked IV for sponsorship.
I got sponsored for a non-stop and a very comfortable flight. but it was $700. Although IV was able to collect $700 for me(thanks to abhijit), i felt it was a little too much to be spending on one person. I raised another $150 from friends and $75 from my own pocket and bought 2 cheaper tickets instead(with bad schedules) and got another friend of mine to go with me.
I had a choice : spend $700 of IV money on one comfortable ticket
OR
spend $75 out of pocket and hours of talking to others to contribute and get one more person to go with me and fly a weird schedule..
I'm proud to have made the right choice!
I had asked IV for sponsorship.
I got sponsored for a non-stop and a very comfortable flight. but it was $700. Although IV was able to collect $700 for me(thanks to abhijit), i felt it was a little too much to be spending on one person. I raised another $150 from friends and $75 from my own pocket and bought 2 cheaper tickets instead(with bad schedules) and got another friend of mine to go with me.
I had a choice : spend $700 of IV money on one comfortable ticket
OR
spend $75 out of pocket and hours of talking to others to contribute and get one more person to go with me and fly a weird schedule..
I'm proud to have made the right choice!
more...
gc_chahiye
09-22 02:58 AM
> Has anyone ever asked whether we should mention our association with IV in 485 application? And the repercussions?
this is hilarious. aman kapoor the visible founder and leader got his green card just recently. and he is not the only prominent or visible leader to have got it.
Agree with paskal. In fact from both Aman Kapoor as well as Tamsens experience, the only repercussion of getting active and visible in IV is that USCIS quickly gives you your GC (probably just to get you off their backs) :) Dont we all want that repercussion?
this is hilarious. aman kapoor the visible founder and leader got his green card just recently. and he is not the only prominent or visible leader to have got it.
Agree with paskal. In fact from both Aman Kapoor as well as Tamsens experience, the only repercussion of getting active and visible in IV is that USCIS quickly gives you your GC (probably just to get you off their backs) :) Dont we all want that repercussion?
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H4_losing_hope
02-08 01:21 PM
Hi NeedHelp, I've reached 112 and think there could be more in the making.
Yes let's use this weekend folks! :)
Yes let's use this weekend folks! :)
more...
what_now
05-17 11:58 AM
sending to my local Senators and Congressman.
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reddog
07-17 05:45 PM
I am sorry you feel like that about IV core. I am not a CORE member so I can't speak for them but if you have spent a basic amount of time following and more importantly taking part in IV initiatives you would not have "decided" that IV is promoting "EB2" agenda simply because there is no such agenda.
I am sure you noticed this but if not, this is a free speech and membership forum and IV is not made up by pappu or paskal but each and every one who tries to make some difference by participating in the action items.
If you think that there needs to be IV initiatives that better suit your needs, you know what...lead it...set up action items....organize like minded folks. IV is setup for that. It is easy to just point fingers and put out statements based on your negative perception, if you really feel so bad about this phantom EB2 agenda, how about doing something constructive through IV.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
I am sure you noticed this but if not, this is a free speech and membership forum and IV is not made up by pappu or paskal but each and every one who tries to make some difference by participating in the action items.
If you think that there needs to be IV initiatives that better suit your needs, you know what...lead it...set up action items....organize like minded folks. IV is setup for that. It is easy to just point fingers and put out statements based on your negative perception, if you really feel so bad about this phantom EB2 agenda, how about doing something constructive through IV.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
more...
gauravsh
08-07 12:34 PM
There are many not so preferred areas in Canada, where there is always a demand. Most people prefer large cities such as Toronto, Calgary, Edmonton, Vancouver, etc. These are mostly saturated, but with persistence you should find something even there. If you don't care where you live, you should definitely find a lot of openings in the area you mentioned.
Thank you, really appreciate your responce.
Thank you, really appreciate your responce.
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horscorp
05-17 02:02 PM
Nice Interface.
more...
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TheOmbudsman
11-08 10:54 AM
Andy, 25+ million before they petition for their parents, grandpas, uncles, nieces, bothers and sisters, etc. Then in few years do the math and tell me whether that should be a whole lot more :-) But who cares as long as we get our GC, right ?
I agree 100% with you. If you do not get your GC approved before those 25+ million people get in the line ahead of you. Remember they will have to send those 25 million names for namecheck and the government will do theirs before everybody else's.
I agree 100% with you. If you do not get your GC approved before those 25+ million people get in the line ahead of you. Remember they will have to send those 25 million names for namecheck and the government will do theirs before everybody else's.
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nb_des
07-17 04:01 PM
This is all happening because of labor substitution. I don't think there are that many people from 2001 and 2002 still continuing with same position. But now since labor is getting cleared from backlog companies use it substitute to other candiadtes and priority date never moves forward.
Why cannot they just terminate labor substitutuion. It is really unfair to those who are waiting in line.
Why cannot they just terminate labor substitutuion. It is really unfair to those who are waiting in line.
more...
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vjkypally
11-15 08:13 PM
I wasn't trying to undermine the role iv had in the flower campaign. All I was trying to suggest is that initially some opposition did exist and once it gathered momentum on its own iv supported it whole heartedly which led to it's success. I was only comparing it to the "we fast while you feast" idea. I m the one who proposed it and will gladly shove it in the dustbin if there is some solution to our common suffering.Lets not undermine IV's efforts in promoting the flower campaign. IV may not have started it, but the publicity on IV went a long way in making the campaign a big success.
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eb2waiter
06-09 07:30 PM
First decide whether we are FOR CIR or NOT.
Looks like a lot of people have doubt on this basic question.
The answer is not simple because of the various stages many people are in.
In fact for me CIR in its current state is better. However, for a person who has not cleared the labor, cir will not be favorable, as he/she has to reapply.
In my humble opinion we should just ask for one or two minor things, and this "comprehensive" approach of we are the "pork" in the bill is flawed.
We should at the most ask for the basics. "recapture of past visas", and ability to file I-485 immediately. Highlight that this is only a matter of interpretation by uscis and no major law change. These two points itself will have IMMENSE benefit for us.
Any change that is drastic like removal of visa cap for STEM etc, most likely will forever remain a dream.
I can tell your case. If you apply now by EB you will get gc within 3 to 7 years time. If you apply by point system after 5 years of USA experience and you will have employer sponsor you will have 16 points more than those who are coming fresh to USA. So both point system and EB system you will get at the same time period. Process delay will be minimal as no labor or I140.
Looks like a lot of people have doubt on this basic question.
The answer is not simple because of the various stages many people are in.
In fact for me CIR in its current state is better. However, for a person who has not cleared the labor, cir will not be favorable, as he/she has to reapply.
In my humble opinion we should just ask for one or two minor things, and this "comprehensive" approach of we are the "pork" in the bill is flawed.
We should at the most ask for the basics. "recapture of past visas", and ability to file I-485 immediately. Highlight that this is only a matter of interpretation by uscis and no major law change. These two points itself will have IMMENSE benefit for us.
Any change that is drastic like removal of visa cap for STEM etc, most likely will forever remain a dream.
I can tell your case. If you apply now by EB you will get gc within 3 to 7 years time. If you apply by point system after 5 years of USA experience and you will have employer sponsor you will have 16 points more than those who are coming fresh to USA. So both point system and EB system you will get at the same time period. Process delay will be minimal as no labor or I140.
more...
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rklscp
05-25 11:50 PM
I think the issue of Economic Stimulus Package and H-4 dependents is losing the momentum. Where is everyone????
I agree ---- I think the momentum is slowing down...
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
I agree ---- I think the momentum is slowing down...
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
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pns27
07-21 10:30 AM
Lawsuit will not help you. See AILA lawsuit for Visa Bulletin. USCIS did not even negotiate with AILA and chose to negotitate with IV. So you need to learn from it.
AILA now feels defeated because they could not show themselves as the protector of this community. If you see the lawsuit text by AILF, it clearly asks for money for lawyer fees, but does not asks for moeny for Medical exam and mental agony. So if you are going to trust your lawyers to help you, then good luck.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
Secondly, how are you going to pay for the lawsuit? People here dont even want to pay $20 and you will need 20K or more for a lawsuit. Do you think you can raise that much?
Thirdly you are using IV site for your agenda. Instead of supporting IV you are creating your own selfish agenda and not listening to IV. I have seen lot of offensive messages by you guys. You guys celebrated when all of us got screwed
I do not support your agenda.
internet, what you say dos nott make sense.
1) "Lawsuit will not help you" that is what everyone said about July Bulletin. The fear of many lawsuits is what made USCIS ot backoff.
2) "... AILF,it clearly asks for money for lawyer fees,"I would rather trust lawyers on what and what kind compensaton I should ask for rather than people like you.
3) "How are you going to pay"? that is a question for next step, and I dont think you care.
4) "You guys celebrated " I am not in BEC but I don't agree with you, none of BEC guys celebrated, yes some repeated words we said to them.
5) "Thirdly you are using IV site for your agenda" is this not on IV agenda? even then this is an immigration cause and there is nothing wrong in some of the(BEC) members opening a thrad, they can fight there fight and use this site.
6)"I do not support your agenda" that your choice, and looks like it the hate that is making you say this.
7) Be careful, you are not out of woods yet, you can also get stuck in an odd scenario where you can be a minority.
internet, Dont be so anti BEC, they are suffring and if they want to fight let them.
I support the BEC fight, guys go for it and fight. This the right time.
AILA now feels defeated because they could not show themselves as the protector of this community. If you see the lawsuit text by AILF, it clearly asks for money for lawyer fees, but does not asks for moeny for Medical exam and mental agony. So if you are going to trust your lawyers to help you, then good luck.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
Secondly, how are you going to pay for the lawsuit? People here dont even want to pay $20 and you will need 20K or more for a lawsuit. Do you think you can raise that much?
Thirdly you are using IV site for your agenda. Instead of supporting IV you are creating your own selfish agenda and not listening to IV. I have seen lot of offensive messages by you guys. You guys celebrated when all of us got screwed
I do not support your agenda.
internet, what you say dos nott make sense.
1) "Lawsuit will not help you" that is what everyone said about July Bulletin. The fear of many lawsuits is what made USCIS ot backoff.
2) "... AILF,it clearly asks for money for lawyer fees,"I would rather trust lawyers on what and what kind compensaton I should ask for rather than people like you.
3) "How are you going to pay"? that is a question for next step, and I dont think you care.
4) "You guys celebrated " I am not in BEC but I don't agree with you, none of BEC guys celebrated, yes some repeated words we said to them.
5) "Thirdly you are using IV site for your agenda" is this not on IV agenda? even then this is an immigration cause and there is nothing wrong in some of the(BEC) members opening a thrad, they can fight there fight and use this site.
6)"I do not support your agenda" that your choice, and looks like it the hate that is making you say this.
7) Be careful, you are not out of woods yet, you can also get stuck in an odd scenario where you can be a minority.
internet, Dont be so anti BEC, they are suffring and if they want to fight let them.
I support the BEC fight, guys go for it and fight. This the right time.
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dixie
11-08 04:52 PM
Agreed CIR benefits illegals more than us, and some of its provisions are flaky. But then it raises the EB cap to 625K and exempts MS + 3 yrs from cap.That in itself is a huge relief measure for us. Agreed illegals benefit a lot more, and the dems are more sympathetic to them but the point is we are not the choosers here. Something is better than nothing is the dictum for us.
Let us now stop re-inventing the wheel and re-focus our efforts to make the new congressmen aware of our situation. Have a nice day !
Actually I do have a convincing answer... whether or not that bill passes, we are in a lose-lose situation. I have read the bill (not in its entirety like I already stated). I know that the amnesty section already specified there will be no immediate granting of citizenship, excepting the wording for those who have been in this country for more than 5/6 years seems to imply they would get citizenship (again, the way a bill is worded can be twisted in future).
What I am worried about is, I get the feeling this is going to end up dipping into our EB3 pool... we previously had a Sched A for physicians and nurses that took numbers out of EB3 exclusively for them.
And I don't listen to Lou Dobbs or NumbersUSA rantings. But if you kept your ears open more than 6 months ago, you would also have heard some Dems says some not-so-friendly things about us.
One prominent Dem senator said H1-Bs are not suffering as much as illegals.
Another prominent Dem said this country needed more farm workers, not more IT / skilled ppl.
Have a nice day, anyway.
Let us now stop re-inventing the wheel and re-focus our efforts to make the new congressmen aware of our situation. Have a nice day !
Actually I do have a convincing answer... whether or not that bill passes, we are in a lose-lose situation. I have read the bill (not in its entirety like I already stated). I know that the amnesty section already specified there will be no immediate granting of citizenship, excepting the wording for those who have been in this country for more than 5/6 years seems to imply they would get citizenship (again, the way a bill is worded can be twisted in future).
What I am worried about is, I get the feeling this is going to end up dipping into our EB3 pool... we previously had a Sched A for physicians and nurses that took numbers out of EB3 exclusively for them.
And I don't listen to Lou Dobbs or NumbersUSA rantings. But if you kept your ears open more than 6 months ago, you would also have heard some Dems says some not-so-friendly things about us.
One prominent Dem senator said H1-Bs are not suffering as much as illegals.
Another prominent Dem said this country needed more farm workers, not more IT / skilled ppl.
Have a nice day, anyway.
nk2006
07-23 04:02 PM
i would not recommend either murthy or R khanna i had a lousy exp with R Khanna and a friend of mine with murthy. I love Fragomen (my Co uses them) my last company i used Thomas Fan (based in MD) I like them both.
Fragomen is a huge firm - your experience will depend on the attorney/group dealing with your case (or company cases).
I am working in US from 99 - in three companies; and went thru partial GC process three times (once layedoff after the approval of labor; second left the company when they didnt agree to do PERM after labor is sent to PBEC; and third the current one - finally able to send 485 in July). Extended/Transferred H1b a few times. In all these cases the firm is same - Fragomen - but with different attorney's/groups. My experiences range from utter disappointment (a completely incompetent lawyer messing up relatively straight forward case and dont even correspond to explain anything) to much better (an attorney who does not mind to take calls and explain my concerns and actually sympathizes with my case and even remembers particulars). So it depends on the attorney you get.
If you are going with a lawyer on your own - you might be better off going with smaller firms. If your company has already gone with one of big law firms like Fragomen - you may not have much choice there - just deal diplomatically with the lawyer.
Fragomen is a huge firm - your experience will depend on the attorney/group dealing with your case (or company cases).
I am working in US from 99 - in three companies; and went thru partial GC process three times (once layedoff after the approval of labor; second left the company when they didnt agree to do PERM after labor is sent to PBEC; and third the current one - finally able to send 485 in July). Extended/Transferred H1b a few times. In all these cases the firm is same - Fragomen - but with different attorney's/groups. My experiences range from utter disappointment (a completely incompetent lawyer messing up relatively straight forward case and dont even correspond to explain anything) to much better (an attorney who does not mind to take calls and explain my concerns and actually sympathizes with my case and even remembers particulars). So it depends on the attorney you get.
If you are going with a lawyer on your own - you might be better off going with smaller firms. If your company has already gone with one of big law firms like Fragomen - you may not have much choice there - just deal diplomatically with the lawyer.
Alabaman
07-10 01:18 PM
Two high skilled immigrants fighting over details of what does not even exist� no sorry!
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