sivakumar
02-22 11:57 AM
Hi Friends,
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
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gk_2000
08-11 05:08 PM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
gimmeacard
07-13 02:51 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
are you with cisco? i am from there
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
are you with cisco? i am from there
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GCwaitforever
11-24 09:09 AM
Definitely this is one of the favors to ask the law makers in these days of retrogression. Let the I-140 and PD available to the worker and let the labor substitution go with the date of transfer to the new worker. This releases the stranglehold of the employers.
more...
alisa
01-28 11:13 AM
Guys......
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Lets try to get more people involved, and get them to contribute. Talk to your friends. Convince them that they need to invest in IV now, to get results in the next six weeks to six months.
Updates from core are unnecessary. Either things will happen in Febuary (485 filing) or they won't. We will find out in a few weeks.
Try to increase membership and contributions at this point. The purpose of this thread was to try to estimate and predict visa bulletin times, so we could convince people they were in a bad situation; but we found that to be pretty difficult to do. If you can add to that topic, please feel free to do so. Otherwise, this thread should just be closed.
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Macaca
01-30 07:11 PM
Unpaid bench means you are "Out of Status". Not illegal.
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
more...
McLuvin
03-21 02:39 PM
PERM Processing Times (as of 03/09/2011)
Analyst Reviews - February 2011
Audits - March 2009
Standard Appeals - June 2008
Gov't Error Appeals - Current
A small breather.... :)
BR,
McLuvin
Analyst Reviews - February 2011
Audits - March 2009
Standard Appeals - June 2008
Gov't Error Appeals - Current
A small breather.... :)
BR,
McLuvin
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jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
more...
sumansk
12-20 06:25 PM
Man. I laughed bcos u really made me laugh and I thank you for that.. especially after the recent omnibus fiasco...u know what I am saying..:D
any way .. my thinking is that since you have already gone thru other earlier stages and they check things at that shatte also so ..at yr 485 stage..you shud be good..so relax and njoy donot worry and also even if you worry...nothing is going to change so relax and make your family also relax as your tension will pass on to them as well...
Just njoy and be happy as I have realised being happy wards off many unwanted things which we never know might have come our way due to being depresssed...
;)
any way .. my thinking is that since you have already gone thru other earlier stages and they check things at that shatte also so ..at yr 485 stage..you shud be good..so relax and njoy donot worry and also even if you worry...nothing is going to change so relax and make your family also relax as your tension will pass on to them as well...
Just njoy and be happy as I have realised being happy wards off many unwanted things which we never know might have come our way due to being depresssed...
;)
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GreenLantern
02-15 08:30 AM
I want to see how you would go about doing it in a 3D program though.
more...
cps060
03-19 06:13 PM
Thanks for the information.
Does this mean that if my spouse wants to start school in Sept 2007, it is fine to keep working till August 2007, file I539 change of status to H4 then and then resign from the company once one gets that receipt notice. With the receipt notice itself its good to be in status and can go to school then. The actual approval may come in 3-4 months and that should not be a consideration for the school.
Please tell me your views/experiences.
H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....
If you are paying out of your pocket, you can go to college on H4..
Student loans are not available on H4...No financial aid of any kind would be available on H4...
Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
as long as you can pay....
I know all this because I did the research when my wife started her college..Should finish this may..
Does this mean that if my spouse wants to start school in Sept 2007, it is fine to keep working till August 2007, file I539 change of status to H4 then and then resign from the company once one gets that receipt notice. With the receipt notice itself its good to be in status and can go to school then. The actual approval may come in 3-4 months and that should not be a consideration for the school.
Please tell me your views/experiences.
H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....
If you are paying out of your pocket, you can go to college on H4..
Student loans are not available on H4...No financial aid of any kind would be available on H4...
Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
as long as you can pay....
I know all this because I did the research when my wife started her college..Should finish this may..
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Caliber
03-12 08:56 AM
To understand what IV has done, all you have to do is, open your eyes
more...
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nagio
02-20 12:50 PM
Hi Vin,
I am willing to donate 13,194 Korean airline miles. I have PM'd you with details. I appreciate your help.
Thanks,
Naga
I am willing to donate 13,194 Korean airline miles. I have PM'd you with details. I appreciate your help.
Thanks,
Naga
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ebizash
06-11 10:23 AM
Sent to IL lawmakers.
Forwarded to a few friends.
Forwarded to a few friends.
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jhegde
04-20 02:10 PM
Attn: California Members � Please participate in this even to support STRIVE ACT.
This is a public rally organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
---------------------------------------
If you want to gather and meet other Immigration Voice members before the meeting, then please come at 3:30 PM at
Wal-Mart Store:
777 Story Road.
San Jose CA 95122.
----------------------------------------
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
This is a public rally organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
---------------------------------------
If you want to gather and meet other Immigration Voice members before the meeting, then please come at 3:30 PM at
Wal-Mart Store:
777 Story Road.
San Jose CA 95122.
----------------------------------------
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
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prioritydate
12-20 04:31 PM
Have you been out of country anytime after this...??If yes then you are fine.
Once you re-enter US..all previous records will be cleared....!!!
Yes, I did. In fact, many times.
Once you re-enter US..all previous records will be cleared....!!!
Yes, I did. In fact, many times.
more...
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ssingh92
02-14 12:30 AM
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.
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dkjariwala
04-08 11:54 PM
nyte,
The person was on H1B visa.
The person was on H1B visa.
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Googler
04-24 11:48 AM
Thank you all for the warm response. I appreciate it and wish the same for absolutely all of you. I hope my heated discussions with various officials about TSC's lack of action will clear some logjam for everyone else who is current but still waiting.
dollar500
08-14 09:38 PM
Its due...
although not much excitement anticipated....seeing all 'U' sucks
although not much excitement anticipated....seeing all 'U' sucks
greyhair
06-10 07:30 PM
For whatever reason, rumors are flying all over the Internet that the end of H1B and EAD employment authorization is at hand. This is complete nonsense. The purported basis for these rumors is an amendment offered in the Senate (S. Amdt. 4319) to a tax bill previously passed by the House (HR 4213). As written, this proposal would prohibit companies from filing H1B petitions if the company has laid off any employees in the last year. It would also void all existing H petitions for a company if the company lays off personnel.
Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.
Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .
It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.
Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .
It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
