desi485
11-14 04:01 PM
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
wallpaper more.
Libra
09-12 01:39 PM
thank you EAD, hope you can make it to DC rally too.
GCVir
07-28 08:36 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
2011 Round oddsapr , stanley cup
ujjwal_p
04-02 03:05 PM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
Actually those are not the only options. Another option is to leave the country. That's an option which has been taken by many people to head back to where they came from or to other countries where their skills are welcome. One needs to only read through some of the old threads of frustrated people moving to India, China, Canada etc.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
Actually those are not the only options. Another option is to leave the country. That's an option which has been taken by many people to head back to where they came from or to other countries where their skills are welcome. One needs to only read through some of the old threads of frustrated people moving to India, China, Canada etc.
more...
Milind123
09-15 09:54 PM
Today whole day i was busy bcoz of ganesh chathurthi......hope fund threads are doing good and thank you dvrao4 for the contributions. please attend rally we need people like you. thanks.
Welcome back Libra. Without you the thread slipped off the screen a few times; but chanduv23 was kind enough to bump it.
Welcome back Libra. Without you the thread slipped off the screen a few times; but chanduv23 was kind enough to bump it.
vkannan
02-23 01:42 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
more...
langagadu
03-04 12:02 PM
ohh mamaaaaaaaaaa. Waiting for it.
2010 stanley cup playoffs roll
mpadapa
06-11 12:04 PM
This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
more...
ItIsNotFunny
03-12 04:47 PM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
This is unbelievable!
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
This is unbelievable!
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
hair the Stanley Cup Playoffs
lskreddy
04-30 03:30 PM
Taking a break at work so decided to listen in. Aytes said something astonishing a little bit ago -- the FIFO was a great idea but under present circumstances it is not...something about very early PD applications may take longer...
This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.
I hope a full transcript will be made available. There should be a point by point response to all their BS.
I agree. This was an outrageous statement.
This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.
I hope a full transcript will be made available. There should be a point by point response to all their BS.
I agree. This was an outrageous statement.
more...
desi3933
08-04 12:49 PM
Desi3933
I don't understand why you are picking up on facts and faults on other post.What mirage is saying is true.I know 3 families stuck up in this GC process...all true cases.
There are some lucky people who have bought old labor substitution ;)who came to US in 2004 and got their GC's cleared and are very :D.
Some really who have come here to study...living in US for past 10 years genuine appliers are really stuck in this.They have all applied their labor and got them cleared only dec 2006.
people who are interested can send those letters if not ignore the thread.
If you are EB2 good for you...Its not that easy to change jobs having families..and when you are satisfied with the employer ,why would they change.
Everyone here want GC to stay in this country.And we all are here to find solutions thru IV - active participation is better.
Pani's letter is not that bad...if you dont like alter what you want to express and send it.People can write what they are facing only.
this is not an argument...just felt bad when you were point blankly picking on them.
I dont undestand :confused:
But one thing I understand there are many , in general like to irritate and hurt other's sentiments and thoughts and pinpoint only faults.
Becoz of this lack of unity only ,most of us face problems.
First of all, I do support issues faced by EB-3 India applicants. However, a letter with many factual errors and words like bonded is not going to help. I am just trying to present my views.
If I were OP, I will at least show my letter for some kind of legal review before sending. After all who would like to make condition bad to worse?
Please refer to post by internet couple of posts back. He has raised many good points.
Good Luck to everyone!
I don't understand why you are picking up on facts and faults on other post.What mirage is saying is true.I know 3 families stuck up in this GC process...all true cases.
There are some lucky people who have bought old labor substitution ;)who came to US in 2004 and got their GC's cleared and are very :D.
Some really who have come here to study...living in US for past 10 years genuine appliers are really stuck in this.They have all applied their labor and got them cleared only dec 2006.
people who are interested can send those letters if not ignore the thread.
If you are EB2 good for you...Its not that easy to change jobs having families..and when you are satisfied with the employer ,why would they change.
Everyone here want GC to stay in this country.And we all are here to find solutions thru IV - active participation is better.
Pani's letter is not that bad...if you dont like alter what you want to express and send it.People can write what they are facing only.
this is not an argument...just felt bad when you were point blankly picking on them.
I dont undestand :confused:
But one thing I understand there are many , in general like to irritate and hurt other's sentiments and thoughts and pinpoint only faults.
Becoz of this lack of unity only ,most of us face problems.
First of all, I do support issues faced by EB-3 India applicants. However, a letter with many factual errors and words like bonded is not going to help. I am just trying to present my views.
If I were OP, I will at least show my letter for some kind of legal review before sending. After all who would like to make condition bad to worse?
Please refer to post by internet couple of posts back. He has raised many good points.
Good Luck to everyone!
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Ahimsa
08-10 11:11 AM
good point which has been overlooked.
thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.
Please also note:
Gor GC waiters, the child tax credit will not be available for kids under age 1.
In Oct 2004, my kid was 6 months when she landed in US.
When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
This year 2006, I could include her after getting her an ITIN.
In short, child taxation issue is there only for one year at the maximum.
thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.
Please also note:
Gor GC waiters, the child tax credit will not be available for kids under age 1.
In Oct 2004, my kid was 6 months when she landed in US.
When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
This year 2006, I could include her after getting her an ITIN.
In short, child taxation issue is there only for one year at the maximum.
more...
house 2011 Stanley Cup Playoffs.
dpp
07-06 01:27 PM
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
tattoo The Blackhawks#39; 2011 Stanley
golferpete
07-01 02:14 AM
My case is certifed as of today
PD Nov 2004
RIR
Will be filing asap
PD Nov 2004
RIR
Will be filing asap
more...
pictures Stanley Cup Playoffs wallpaper
AllVNeedGcPc
04-02 05:04 PM
@gene77: Can you share what the RFE was about?
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
dresses 2011 Stanley Cup Finals!
BRK
05-05 02:47 PM
Good job!
I was able to call few too and left messages for each.
Hopefully some kind of progress and approval is achieved.
I will call the remaining senators on the list in the next few days.
I was able to call few too and left messages for each.
Hopefully some kind of progress and approval is achieved.
I will call the remaining senators on the list in the next few days.
more...
makeup a week ago at stanley cup
NolaIndian32
03-12 01:42 PM
I fully support a donor-based forum too. I support the concept as put forth by IV Core.
Reddog, if information if free elsewhere, why are you still here at IV? If you are so unhappy with IV, why don't you find another forum where you CAN be happy?
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
Reddog, if information if free elsewhere, why are you still here at IV? If you are so unhappy with IV, why don't you find another forum where you CAN be happy?
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
girlfriend the nhl playoff wallpaper
prom2
09-28 10:23 PM
Last week we saw just few approvals, so I guess this FY is over.
I don't think they are going to work 24 hours this weekend.
Visa number rollover now !
I don't think they are going to work 24 hours this weekend.
Visa number rollover now !
hairstyles 2011+stanley+cup+playoffs+
McLuvin
10-22 09:47 AM
What is the average time frame for this whole process??
Lets say once the company approves for the porting process....
What is the average time involved for processing, PWD, adv., then perm filing/approval...
Anyone who had gone through and had experience.. pls share...
BR,
McLuvin
Lets say once the company approves for the porting process....
What is the average time involved for processing, PWD, adv., then perm filing/approval...
Anyone who had gone through and had experience.. pls share...
BR,
McLuvin
bpratap
07-21 12:53 AM
They may not consider EAD, but if you submit a copy of I-140 they will consider that.
I also had to go thru a cycle of process, but finally they approved on on submitting a copy of I-140 Approval letter
I also had to go thru a cycle of process, but finally they approved on on submitting a copy of I-140 Approval letter
nozerd
12-02 04:37 PM
Northwestern Kellog is one o the best for Marketing. Maybe the top one in Marketing.
Northwestern lowly ranked for MBA ? gotta be kidding. Kellogg School of business brushes shoulders with the very best including Wharton, MIT and Harvard.
Northwestern lowly ranked for MBA ? gotta be kidding. Kellogg School of business brushes shoulders with the very best including Wharton, MIT and Harvard.
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