rajmehrotra
07-05 11:45 AM
What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
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gc_nebraska
01-09 02:19 PM
msandhu ! what was your port of entry ?
skynet2500
10-19 01:00 PM
Hello,
My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.
I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.
Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.
Obviously I am worried sick,
Any help, pointers, suggestions are much appreciated.
Thanks,
Few Suggestions..
Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..
- Contact ombudsman office
- Contact local senator office.
- Contact local congressman office
Good Luck.
My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.
I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.
Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.
Obviously I am worried sick,
Any help, pointers, suggestions are much appreciated.
Thanks,
Few Suggestions..
Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..
- Contact ombudsman office
- Contact local senator office.
- Contact local congressman office
Good Luck.
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sparklinks
04-10 08:34 AM
Thanks buddy !
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rkumar28
10-22 10:32 AM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
gc_nebraska
01-11 11:48 AM
Siddharta ! My wife is a Canadian PR since 2 yrs and we live in the US, Can i apply for Canadian PR through spouse living in the US? Do you recommend any website for applications, is there any process please help.
Thanks in Advance
Thanks in Advance
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reddymjm
02-10 03:16 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Can u update ur profile
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Can u update ur profile
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485Mbe4001
03-20 03:56 PM
There is a lot of political posturing, each side is solidifying its position based on their agenda. Being from southern california i know Nu�ez is posturing for all the illegals as opposed to only agJobs. We are smal legal minority that no one really cares about.
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fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
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brasil
07-29 08:55 PM
Quoting what reason did the DMV confiscated your driver's license?
Standard procedure and license was about to expire.
This does not apply for address change if the expiration date is long...
Standard procedure and license was about to expire.
This does not apply for address change if the expiration date is long...
more...
chapper
07-23 06:59 PM
Others can correct me, if I'm interpreting it wrong. A try...
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
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sodh
07-11 09:37 PM
Everything has its charm once, try something creative.
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mrane1
09-06 01:50 PM
Same thing happened to me... My wife received her notice first... I didnt receive it for almost 2 weeks after her... called USCIS... IO told me a FP was not issued for me at all, and I have to wait 30 days to receive it :mad:... checked my mail box the same day it was there!:D
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ashkam
09-14 07:42 AM
I watched Schindler's list and I don't know, I feel the Jews had it a bit worse than the "highly skilled immigrant" community. You know, what with the gas chambers and millions executed and what not.
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aquagirl
05-22 09:31 PM
Where in the application on the vfs website, can I add another family member? I was not able to find the place to enter another petition no. or passport no.
If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?
Thanks
If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?
Thanks
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gcisadawg
04-21 08:54 PM
My H1B was filed on Feb 10th and got approved around March 15th. 10th year extension.
Full time employmnet. No RFE. Since my I-140 wasn't approved, I only got 1 year extension.
Full time employmnet. No RFE. Since my I-140 wasn't approved, I only got 1 year extension.
more...
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another_wei
05-05 06:07 PM
Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
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bheemi
07-27 12:20 PM
[QUOTE=desi485]I forgot it initially and later realized that. fortunately my lawyer was still reviewing my papers (almost 4 weeks). so I sent him new copies. He included new copies and discarded old one. .Also some one told me that it should match what you specified in DS-156 at the time of visa interview. IS THIS TRUE?[/QUOTE
Donot even worry about it man..You are unnecessarily owrried about it and worry others also..
Enjoy...
Donot even worry about it man..You are unnecessarily owrried about it and worry others also..
Enjoy...
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msp1976
02-08 05:13 AM
Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....
kart2007
10-23 05:41 PM
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.
From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.
sodh
07-11 09:38 PM
Try pizza that they won't reroute to Walter Reed.
