raj3078
07-18 10:14 AM
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married before Sept 2007, then, what are my options?
Thank you,
gc101.
As I understand it correctly, you have a very personal reason for not getting married before Sept 07. I have to say that in that case, go ahead and at least file for your green card, that way you create one more option of applying through family based, even if it means 6-7 years of waiting period. Ideally you would like her to come to states at least for 2-3 business days to get court marriage and filing of docs, but if thats not the case then this is your best option.
Thank you,
gc101.
As I understand it correctly, you have a very personal reason for not getting married before Sept 07. I have to say that in that case, go ahead and at least file for your green card, that way you create one more option of applying through family based, even if it means 6-7 years of waiting period. Ideally you would like her to come to states at least for 2-3 business days to get court marriage and filing of docs, but if thats not the case then this is your best option.
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nk2006
03-04 03:10 PM
..........
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
paskal
12-17 01:18 PM
In my opinion, the fear that folks that are contributing 50$ will switch to lower sums is unfounded. There is nothing that stops them from stopping their contributions altogether even now.
yes and people do stop...what do you think...the small minority just keeps contributing when they see others not lifting one finger?
and we are not speaking from "fear of what will happen" we are telling you from experience that people who can afford 50/mnth and are willing to do it are tempted to do 20 instead...and do it. why is that so hard to believe? is it not human? i think it is natural for many to think like that. we have 25,000 members, >90% don't do anything for iv. despite that you won't believe that people will contribute less if they can?
if members really want to contribute- use pay pal and give less. the option is there. why the argument over the set up that iv has made...when you have an alternative??? iv needs to send a signal on what we really need from you and we have done that. the rest is up to you...take a choice. just remember- pay pal takes a chunk every time you do small multiple amounts.
please focus energies elsewhere. this is a moot discussion. and btw your contributions are very welcome- thank you for helping us all in our movement to end retrogression...! you are setting a great example.
yes and people do stop...what do you think...the small minority just keeps contributing when they see others not lifting one finger?
and we are not speaking from "fear of what will happen" we are telling you from experience that people who can afford 50/mnth and are willing to do it are tempted to do 20 instead...and do it. why is that so hard to believe? is it not human? i think it is natural for many to think like that. we have 25,000 members, >90% don't do anything for iv. despite that you won't believe that people will contribute less if they can?
if members really want to contribute- use pay pal and give less. the option is there. why the argument over the set up that iv has made...when you have an alternative??? iv needs to send a signal on what we really need from you and we have done that. the rest is up to you...take a choice. just remember- pay pal takes a chunk every time you do small multiple amounts.
please focus energies elsewhere. this is a moot discussion. and btw your contributions are very welcome- thank you for helping us all in our movement to end retrogression...! you are setting a great example.
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bugsbunny
04-21 02:13 PM
Hmm, What part of the words "Good, Reliable and Comprehensive" you did not understand.
lol no need to get aggressive...next time search for better insurance ;)
lol no need to get aggressive...next time search for better insurance ;)
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bsbawa10
07-01 10:19 PM
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
freedom_fighter, your words are very strong but everything you say is a truth.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
freedom_fighter, your words are very strong but everything you say is a truth.
gcseeker2002
12-06 11:59 AM
I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ?
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^^^^ bump ^^^^
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rockstart
08-05 10:53 AM
How about this piece of Mirza Ghalib?
We are Little side track in the past while predicting the future (Sept VB) !!!
Predicting future visa bulletin's and discussing poetry are same futile exercise on immigration forum.
We are Little side track in the past while predicting the future (Sept VB) !!!
Predicting future visa bulletin's and discussing poetry are same futile exercise on immigration forum.
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snhn
05-21 03:58 PM
It is july 14 2007 for 'Employment-based adjustment applications'
I am finally able to look the website with May dates.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
It is June 21, 2008 form 485 Texas base applications.
It seems they have gone back from where they were last month.
I am finally able to look the website with May dates.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
It is June 21, 2008 form 485 Texas base applications.
It seems they have gone back from where they were last month.
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The7zen
09-11 06:31 PM
I have been playing safe these many years..... I can't take anymore of Apartment living.... it was OK when kids were 2-3 years old... not anymore..... I guess... you need to be little aggressive.... ;)
As someone said, its a personal choice.
With no GC and the economy still looking south.....buying a house is not the ideal way of being aggressive. If kids are growing bigger and you need a bigger place, just rent a house.
Just my .02
As someone said, its a personal choice.
With no GC and the economy still looking south.....buying a house is not the ideal way of being aggressive. If kids are growing bigger and you need a bigger place, just rent a house.
Just my .02
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kris04
09-11 10:40 PM
I am thinking of buying a home without waiting for GC approval. I am EB3 I with PD 2006. No hopes of GC in near future. Just want to see the trend....
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
It is a personal choice plus the level of risk you take, I bought my house before my GC was approved and here I am now. Setting aside GC concern, the only problem you might face is securing a loan with good rate, all lowest rate that you notice in internet banner or Bank flyer is not applicable to you, simple reason H1b Visa is considered as temporary Visa, once your loan application is taken by a banker, one of the question in loan app. pertain to Citizenship, if you're US citizen or GC holder then chances of getting loan with lower rate is higher(though many factors contribute to lower rate and loan approval), but if a person on H1B visa approach for a home loan, then Under writers perceive you as high risk borrower, some bank may deny loan if you claim as H1B visa holder, but some banks will approve loan but on higher rate.
In my case I was on EAD when my loan was approved, it was a hell lot of problem in convincing UW to approve loan, I approached my lawyer to get a letter stating that a person on EAD is one step closer to GC to get final approval, still I ended up taking 0.25 % more rate.
Good Luck
HTH
kris
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
It is a personal choice plus the level of risk you take, I bought my house before my GC was approved and here I am now. Setting aside GC concern, the only problem you might face is securing a loan with good rate, all lowest rate that you notice in internet banner or Bank flyer is not applicable to you, simple reason H1b Visa is considered as temporary Visa, once your loan application is taken by a banker, one of the question in loan app. pertain to Citizenship, if you're US citizen or GC holder then chances of getting loan with lower rate is higher(though many factors contribute to lower rate and loan approval), but if a person on H1B visa approach for a home loan, then Under writers perceive you as high risk borrower, some bank may deny loan if you claim as H1B visa holder, but some banks will approve loan but on higher rate.
In my case I was on EAD when my loan was approved, it was a hell lot of problem in convincing UW to approve loan, I approached my lawyer to get a letter stating that a person on EAD is one step closer to GC to get final approval, still I ended up taking 0.25 % more rate.
Good Luck
HTH
kris
more...
stldude
07-19 10:29 AM
My signature says it all.. Service Center - NSC
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jsb
07-31 08:37 AM
This would be the last visa bulletin for this year. The dates should move just like they did last year to consume all numbers.
For September they can do anything for consuming leftover visas, including a large unsustainanble forward move, but we hope that visas are used for preadjudicated cases in PD sequence (as is described in USCIS procedure manual). However, from October on it appears that dates will only move forward systematically. Reason is that USCIS systems are not designed for handling per country quotas well, which hinders any country quota based information until a file has been opened for adjudication (or preadjudication). There is no per country data readily available on entirely pending cases (except on your paper filings), as initial data entry does not include chargeable country name. However, as we have recently noticed, a lot of cases are getting preadjudicated, which makes chargeable country information available. This should help USCIS estimate monthly demand better.
Bottomline is, if all three of the following conditions are true for you, you should expect good results in coming months.
(1) Your case has no hickups, you have provided all necessary documentation.
(2) Your 'Receive Date (RD)' (not what is on your receipt, but 'true' RD by a center which is on or close to Notice Date) is within published dates for current processing status (suggesting that your case has been preadjudicated)
(3) Your PD is quite high in relation to monthly visa bulletins
Best...
For September they can do anything for consuming leftover visas, including a large unsustainanble forward move, but we hope that visas are used for preadjudicated cases in PD sequence (as is described in USCIS procedure manual). However, from October on it appears that dates will only move forward systematically. Reason is that USCIS systems are not designed for handling per country quotas well, which hinders any country quota based information until a file has been opened for adjudication (or preadjudication). There is no per country data readily available on entirely pending cases (except on your paper filings), as initial data entry does not include chargeable country name. However, as we have recently noticed, a lot of cases are getting preadjudicated, which makes chargeable country information available. This should help USCIS estimate monthly demand better.
Bottomline is, if all three of the following conditions are true for you, you should expect good results in coming months.
(1) Your case has no hickups, you have provided all necessary documentation.
(2) Your 'Receive Date (RD)' (not what is on your receipt, but 'true' RD by a center which is on or close to Notice Date) is within published dates for current processing status (suggesting that your case has been preadjudicated)
(3) Your PD is quite high in relation to monthly visa bulletins
Best...
more...
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roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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ksrk
08-26 08:37 PM
I guess the polling on PD basis is futile it will give people false hope....
Only folks with ND prior to current processing times can expect to have a chance at appoval...I see many people over here beyond the processing date window and are still hoping to get approved....
Let's see if this theory is right or not come september.....if only my lawyer had mentioned that ND over rides PD I'd have forced him to file on July 2nd and not wait till July end....
My bad....
SoP
Hey SoP,
Your point of ND vs. RD (vs. PD even) is certainly valid, esp. given the randomness of dates that the USCIS follows. However, three things to keep in mind are -
1. Last Aug and Sept ('08), neither ND nor RD theories worked, if you believed all the dates entered under .com. Approvals were quite random - some cases with ND beyond published dates were approved, which led us to believe they were processing in order of RD, but no FIFO was followed based on RD.
2. The dates published recently (09/15/2007 at NSC and 08/30/2007 at TSC) are as of June 30, 2009. It has been nearly two months since and an update is possible. Also, by admission of the USCIS, these dates are not exact, only estimates of what cases are being worked on.
3. Finally, these dates do not serve as guidance for IO to approve cases; they serve as an indication to us applicants as to which cases have been processed thus far. And they help determine if we can file an SR.
Only folks with ND prior to current processing times can expect to have a chance at appoval...I see many people over here beyond the processing date window and are still hoping to get approved....
Let's see if this theory is right or not come september.....if only my lawyer had mentioned that ND over rides PD I'd have forced him to file on July 2nd and not wait till July end....
My bad....
SoP
Hey SoP,
Your point of ND vs. RD (vs. PD even) is certainly valid, esp. given the randomness of dates that the USCIS follows. However, three things to keep in mind are -
1. Last Aug and Sept ('08), neither ND nor RD theories worked, if you believed all the dates entered under .com. Approvals were quite random - some cases with ND beyond published dates were approved, which led us to believe they were processing in order of RD, but no FIFO was followed based on RD.
2. The dates published recently (09/15/2007 at NSC and 08/30/2007 at TSC) are as of June 30, 2009. It has been nearly two months since and an update is possible. Also, by admission of the USCIS, these dates are not exact, only estimates of what cases are being worked on.
3. Finally, these dates do not serve as guidance for IO to approve cases; they serve as an indication to us applicants as to which cases have been processed thus far. And they help determine if we can file an SR.
more...
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s416504
02-10 04:26 PM
Do you mean 30 credits with 3 year degree from India to complete MS?
$15K for 30 credits means $500 for 1 credit?
I did online MS degree and it took 3 years, although I could have completed it in 2.5 years. First year I completed only 1 course per sem, then I started doing 2 per sem. I took non-thesis option and the total cost was aprx 15K from ISU. Thye charge flat rate fee per subject ( aprx 3 credits) irrespective of residency requirements (you can actually do this course from anywhere in the world and it would cost the same) . This degree requires 30 total credits (one of them must be a project, so technically only 9 subjects/courses to take).
$15K for 30 credits means $500 for 1 credit?
I did online MS degree and it took 3 years, although I could have completed it in 2.5 years. First year I completed only 1 course per sem, then I started doing 2 per sem. I took non-thesis option and the total cost was aprx 15K from ISU. Thye charge flat rate fee per subject ( aprx 3 credits) irrespective of residency requirements (you can actually do this course from anywhere in the world and it would cost the same) . This degree requires 30 total credits (one of them must be a project, so technically only 9 subjects/courses to take).
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alterego
09-22 05:19 PM
--
Franklin got her gc. She is still such a motivated member. IV is fortunate to have her. I didn't intend to defend her, she is more than capable to do that on her own. Just wanted to add this information because that makes a sea change in raising the level of conversation on this thread.
The contrast is amazing, people who are stuck in the system are not as involved, while members like Franklin and Aman, who have came out of the "limbo" still want to help others.
Now I am more shocked than ever at her level of energy at the rally (which I personally witnessed) I am sure she has been doing a lot more behind the scenes as well.
Those who have done nothing but visit this site, need to look at folks like this and get some motivation and step up to the plate.
Franklin got her gc. She is still such a motivated member. IV is fortunate to have her. I didn't intend to defend her, she is more than capable to do that on her own. Just wanted to add this information because that makes a sea change in raising the level of conversation on this thread.
The contrast is amazing, people who are stuck in the system are not as involved, while members like Franklin and Aman, who have came out of the "limbo" still want to help others.
Now I am more shocked than ever at her level of energy at the rally (which I personally witnessed) I am sure she has been doing a lot more behind the scenes as well.
Those who have done nothing but visit this site, need to look at folks like this and get some motivation and step up to the plate.
more...
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mahendra_t
07-19 01:44 PM
Was your chack got cashed or not ?
PD -Jan 06, EB2
I-140 Approved
I-485 - Filed on July 2, NSC Received by R.Mitchell @ 9.01 a.m.
Checks not cashed until today (07/19/07 10:00 a.m.)
PD -Jan 06, EB2
I-140 Approved
I-485 - Filed on July 2, NSC Received by R.Mitchell @ 9.01 a.m.
Checks not cashed until today (07/19/07 10:00 a.m.)
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Onlytruthnobs
01-17 11:33 AM
I contributed my bit. I would contribute more as we move forward. This is a cause that I believe in and this is a cause that I would love to fight for.
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sunny1000
05-21 02:10 PM
I see just April 15, I tryed with IE, Mozilla, Opera.
Try closing all the browsers and reopening..
Try closing all the browsers and reopening..
sunny1000
05-21 12:44 PM
I140 at TSC is August 26th. Several others and I have their July apps pending. Gosh, this concurrent crap without current PD is playing havoc in several of our lives..
What a nightmare and sad state of affairs.
I am in the same state as you are. This just sucks. First I got stuck in the rotten BEC for years and then, this happens. USCIS should be sued for playing with our future.
What a nightmare and sad state of affairs.
I am in the same state as you are. This just sucks. First I got stuck in the rotten BEC for years and then, this happens. USCIS should be sued for playing with our future.
psam
08-10 11:09 PM
May be mumbai or some other consulate in the world published it.
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