LostInGCProcess
10-07 05:15 PM
Dude the person apparently not in good mental state. People do crazy things with they are in such situation. Who knows what went wrong. May be he felt that his family would suffer without him and incorrectly thought to take them with him. He seems to be caring father until this tragic event. Please stop pointing finger and pray that god be with the families who lost them.
As much as I am saddened by the tragic event and my prayers are with the family, I still can't digest the fact that he killed all the family members. Whatever was going thru his mind, he was a coward. There was no need to take others life. I don't want to judge here, but I can talk about committing suicide which is totally wrong. He had NO RIGHT, NO EXCUSE whatsoever to take others life. Period. And I stand by my statement.
May be he felt that his family would suffer without him and incorrectly thought to take them with him.
You think this is a legit reason to take others lives? My friend I totally disagree with you. NO REASON would be compelling enough to take once life.
As much as I am saddened by the tragic event and my prayers are with the family, I still can't digest the fact that he killed all the family members. Whatever was going thru his mind, he was a coward. There was no need to take others life. I don't want to judge here, but I can talk about committing suicide which is totally wrong. He had NO RIGHT, NO EXCUSE whatsoever to take others life. Period. And I stand by my statement.
May be he felt that his family would suffer without him and incorrectly thought to take them with him.
You think this is a legit reason to take others lives? My friend I totally disagree with you. NO REASON would be compelling enough to take once life.
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aviko21
08-18 12:39 AM
My sympathies with your situation. If u can't go to India can't u use a service like mymaninindia.com to get you marriage certificate?
Also the best person to consult would be your lawyer as to whether u might get an extension to file your reply.
Sorry layman answer hope it helps
Also the best person to consult would be your lawyer as to whether u might get an extension to file your reply.
Sorry layman answer hope it helps
piyu7444
08-19 10:43 PM
so without both of US we cant get the certificate from India. I can go to India but my wife cant ..........she will be out of status....to enter the country....wont be?
For EB1 I will share info. with you soon...pls hang on.
For EB1 I will share info. with you soon...pls hang on.
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srkamath
08-14 10:24 AM
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likelihood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likelihood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
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pratibha
03-06 08:30 PM
I am 19 yrs old and on H4 visa since Sept 2002. Will this act be of any help for students on H4 who will get be aging out shortly at 21 yrs.
Your valuable input will be of great help. Please share your views.
Or is the act only for students of Illegal parents.
Thanks
Your valuable input will be of great help. Please share your views.
Or is the act only for students of Illegal parents.
Thanks
aj1234567
09-21 01:22 PM
Hi Adusumilli-
do you also reviced same suspense notice,because i also recived yesterday same finger frint fee rejected,case is in suspense notice.
Thanks
Ajay
do you also reviced same suspense notice,because i also recived yesterday same finger frint fee rejected,case is in suspense notice.
Thanks
Ajay
more...
seekerofpeace
09-17 05:02 PM
JSB,
You may be right. But with your logic all these talk about opening an SR, getting an infopass and blah blah is not right then. We have polls here on what worked....that's what i was telling it is too much of a coincidence. Opening an SR won't make a sick IO healthy and come back to work..taking an infopass won't bring a dropped out file back in the pile...talking to senators and congressman are useless anyways....
So bottomline is all this talk about what works or not is a pure guess and nothing else....USCIS has always been a black box and will always be..
SoP
You may be right. But with your logic all these talk about opening an SR, getting an infopass and blah blah is not right then. We have polls here on what worked....that's what i was telling it is too much of a coincidence. Opening an SR won't make a sick IO healthy and come back to work..taking an infopass won't bring a dropped out file back in the pile...talking to senators and congressman are useless anyways....
So bottomline is all this talk about what works or not is a pure guess and nothing else....USCIS has always been a black box and will always be..
SoP
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eb3India
04-04 02:23 PM
nobody complains about somebody getting green card getting in six months, infact I know somebody who got green card from india onmployment basis, the problem is people who have waited for 6 years or longer feels the pinch, because
they have followed the law just like the guy who got in 6 months , and they see no light at the end of the tunnel, and frustration to certain degree amounts to anger.
chilllllllll enjoy the system, this is how the system works, like it or not.
thanks
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
they have followed the law just like the guy who got in 6 months , and they see no light at the end of the tunnel, and frustration to certain degree amounts to anger.
chilllllllll enjoy the system, this is how the system works, like it or not.
thanks
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
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singhsa3
01-10 08:36 PM
Labor substitution case..eh..
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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ivuser
02-16 04:27 PM
Murthy Law firm
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
more...
sixburgh
05-05 07:41 AM
If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.
I did not force.
The RFE clearly stated that "Civil Surgeon Should also attached a XRAY report".
It did not say this, which I wish it did, that "if tb test shows that there are signs of tb, then the civil surgeon should administer a xray and attach the xray report".
The language in the RFE caused my lawyer to say that, to have no issues, its always best to follow the RFE language code exactly, even if did not make sense. One should always give more data in the RFE response than needed.
Let me tell you one thing, the RFE language/sentence completely contradicts the rules written on the new i693 form or the document which has been created for civil surgeons on how to do medical tests for immigration. In those documents it clearly says that take an xray IF required, ie, if the tab patch grows beyond certain millimeter etc...But since the RFE clearly asked for it, I had no choice but to force the civil surgeon.
One writes the rules and others misinterpret it because the language is ambiguous. Its better to be safe than sorry. USCIS has hired new people to do adjudication. None of them are experienced. I dont want them to generate another RFE or deny.
I did not force.
The RFE clearly stated that "Civil Surgeon Should also attached a XRAY report".
It did not say this, which I wish it did, that "if tb test shows that there are signs of tb, then the civil surgeon should administer a xray and attach the xray report".
The language in the RFE caused my lawyer to say that, to have no issues, its always best to follow the RFE language code exactly, even if did not make sense. One should always give more data in the RFE response than needed.
Let me tell you one thing, the RFE language/sentence completely contradicts the rules written on the new i693 form or the document which has been created for civil surgeons on how to do medical tests for immigration. In those documents it clearly says that take an xray IF required, ie, if the tab patch grows beyond certain millimeter etc...But since the RFE clearly asked for it, I had no choice but to force the civil surgeon.
One writes the rules and others misinterpret it because the language is ambiguous. Its better to be safe than sorry. USCIS has hired new people to do adjudication. None of them are experienced. I dont want them to generate another RFE or deny.
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sundarpn
07-10 10:35 AM
How do we know if you have 40 credits?
Where do we check or compute this?
Where do we check or compute this?
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alp_waj
11-08 02:05 PM
Murthy's lawyer suggested Consular processing as an option.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
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mayitbesoon
07-07 12:50 PM
I am in a similar situation. My lawyer prepared the following letter which seems much simpler than what you had mentioned. I hope, its helpful. However, my company HR is not willing to even sign on this one. they omitted the word 'permanent' and also, removed the last sentence mentioning that i will continue as full time employee after receiving the green card. I regret joining a big company now. But, we are where we are and have to deal with it.
July 1, 2009
Nebraska Service Center
USCIS
U. S. Department of Homeland Security
P.O. Box 82521
Lincoln, NE 68501-2521
Re: Permanent employment of Mr. your name
Dear Director:
This letter is submitted in support of the above-captioned matter.
Mr. 'your name' has been our employee since 'Date'. The position offered to Mr. 'name' is a permanent, full time position of a 'job title' with the annual salary range of $000.00 which requires an individual with a Bachelor’s Degree in computer related field and work experience in information technology industry. The following are the duties of the offered position:
'insert your job duties here'
Upon receiving permanent residency, Ms. 'name' will continue her employment with our company in the same capacity as a full time permanent employee.
For our company information, please visit our website at www.xxxx.com.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Name of the HR person.
Designation
July 1, 2009
Nebraska Service Center
USCIS
U. S. Department of Homeland Security
P.O. Box 82521
Lincoln, NE 68501-2521
Re: Permanent employment of Mr. your name
Dear Director:
This letter is submitted in support of the above-captioned matter.
Mr. 'your name' has been our employee since 'Date'. The position offered to Mr. 'name' is a permanent, full time position of a 'job title' with the annual salary range of $000.00 which requires an individual with a Bachelor’s Degree in computer related field and work experience in information technology industry. The following are the duties of the offered position:
'insert your job duties here'
Upon receiving permanent residency, Ms. 'name' will continue her employment with our company in the same capacity as a full time permanent employee.
For our company information, please visit our website at www.xxxx.com.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Name of the HR person.
Designation
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ashkam
05-30 01:32 PM
I got my stamping till 2010 based on my I-140. I did that to save another visit to embassy when I go out of country and its costing me dearly. The visa stamp clearly mentions the effective dates from both 797s. So the officer asked for both 797s and stamped the end date from the current one. As he sounded positive that I can update it at my local USCIS, I didn't persuade him much. Maybe I should've done that!!!
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
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needhelp!
01-09 04:20 PM
OK I double checked the new license. Even though the Expiry is 2014, it does have in red "Temporary Visitor Status Expires: 09/09"
and got 7 year (or is it 8) renewed license
and got 7 year (or is it 8) renewed license
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BharatPremi
03-27 03:50 PM
I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
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h1b_slave
01-26 07:14 PM
I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
If people waiting to file 485 & keep in mind there are quite a lot , get to file 485 then we will have much more people who aspire to get final GC which in turn means greater force working towards a common goal, so it may also turn out to be good for people who have already filed 485.
If people waiting to file 485 & keep in mind there are quite a lot , get to file 485 then we will have much more people who aspire to get final GC which in turn means greater force working towards a common goal, so it may also turn out to be good for people who have already filed 485.
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chanduv23
11-12 02:43 PM
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
This is not new, it has been there for a while and almost everyone who googled AC21 would have read Murthy's page.
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
This is not new, it has been there for a while and almost everyone who googled AC21 would have read Murthy's page.
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
drirshad
02-23 05:29 AM
http://hammondlawgroup.blogspot.com/
Thursday, February 22, 2007
TEXT OF SEN. COLEMAN'S RNPA
Sen. Coleman has formally introduced the Rural Nursing Promotion Act. The text of the bill now has been published on THOMAS, and be found by searching for Bill Number S. 646. As expected the bill includes a provision to make Schedule A occupations exempt from the general Employment Based visa quota.
Thursday, February 22, 2007
TEXT OF SEN. COLEMAN'S RNPA
Sen. Coleman has formally introduced the Rural Nursing Promotion Act. The text of the bill now has been published on THOMAS, and be found by searching for Bill Number S. 646. As expected the bill includes a provision to make Schedule A occupations exempt from the general Employment Based visa quota.
deafTunes123
08-27 12:57 PM
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
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