sk.aggarwal
02-01 08:45 AM
It seems online status for my FOIA request has not been updated since Jan 15th. Is anyone also facing the same issue? BTW, how long does it take to get it once online status changes to processed.
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desi3933
06-24 10:29 PM
desi3933,
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
vikki76
04-08 01:52 PM
Yes-excellent suggestion.India is a thriving democratic free sovereign nation.It is high time next Google,Yahoo and Oracle came from India.
If we all recent US returned people form our own corporation back in India-I am sure next generation of innovation will come from there.(Why software?-thankfully, Indian govt has kept that sector free from its regulation)
Reliance,Wipro and Infosys have made a big name.We need new self driven stories.
If we all recent US returned people form our own corporation back in India-I am sure next generation of innovation will come from there.(Why software?-thankfully, Indian govt has kept that sector free from its regulation)
Reliance,Wipro and Infosys have made a big name.We need new self driven stories.
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reddymjm
01-21 02:43 PM
Only way is Visa # recapture or USCIS Start interpreting the overflow rules as it was before 2007 or come up with some thing new to share between EB2/3.
more...
kbsyed61
08-15 09:20 PM
Applied for EAD extension on July 18-2008 (expiring on Sep, 2008), less than 90 days. Today (Aug 15, 2008) received an email saying "Current Status: Card production ordered." for self and wife. No idea whether it is 1 year or 2 year extension. APs are still spending.
gimme_GC2006
10-07 01:35 PM
Nov 2008 bulletin....In My dreams...
EB2 India, move to Dec 2005 :D:D:D
EB2 India, move to Dec 2005 :D:D:D
more...
hindichinibhaibhai
03-15 12:42 AM
How many of those 245(i) cases from April 2001 might exist in the EB3-India bucket?
From what I read on some of these forums, there could be 8-10 million 245(i) cases in all, filed on or shortly after April 2001. Were these filed as EB cases???
IFF this is the case, then EB3-India will likely keep going back and forth between April 2001 and December 2001 for the next several years. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
From what I read on some of these forums, there could be 8-10 million 245(i) cases in all, filed on or shortly after April 2001. Were these filed as EB cases???
IFF this is the case, then EB3-India will likely keep going back and forth between April 2001 and December 2001 for the next several years. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
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sparklinks
07-23 08:35 AM
One unconfirmed report indicates that NSC alone received 8000 by Fedex alone on July 2, 2007. It appears that people should be prepared for the potential delays in receipt notices for post-July 2 receipt notices.
more...
yabadaba
06-28 12:51 PM
good...looks like they are taking proactive steps to handle the loadssssss of 485s that will be filed.
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apb
03-18 02:38 PM
AT JFK.
Submitted two copies of AP and passport. I had three copies from USCIS.
Went through US citizen/resident queue and the CBP officer took me to another verification counter.
There were only one other person (Russian). No questions asked. NONE. Verified address and very very informative and friendly CBP officer. Handed both AP with one of them stamped. I have all three copies of AP with me with one stamped.
He advised that every time I travel make sure there is no NOID on my case and my AP is current.
Submitted two copies of AP and passport. I had three copies from USCIS.
Went through US citizen/resident queue and the CBP officer took me to another verification counter.
There were only one other person (Russian). No questions asked. NONE. Verified address and very very informative and friendly CBP officer. Handed both AP with one of them stamped. I have all three copies of AP with me with one stamped.
He advised that every time I travel make sure there is no NOID on my case and my AP is current.
more...
waitingnwaiting
05-31 09:02 AM
Anything for EB relief ? I dont see a content in the bill language.
Nurses are part of EB. This nill has many benefits. More nurses will be out of greencard queue leaving others more chance. US has acute nurses shortage. It is well documented. There is not much shortage of IT professionals . Unemployment is so high. But nurses are in demand and it is important for the healthcare of the nation. Supporting the bill is a win win for everyone in EB wait.
Nurses are part of EB. This nill has many benefits. More nurses will be out of greencard queue leaving others more chance. US has acute nurses shortage. It is well documented. There is not much shortage of IT professionals . Unemployment is so high. But nurses are in demand and it is important for the healthcare of the nation. Supporting the bill is a win win for everyone in EB wait.
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GC_Optimist
02-08 12:30 PM
did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
Can you elobrate on start all over again . Does this mean for that priority date of EB3 is lost. ? :confused:
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
Can you elobrate on start all over again . Does this mean for that priority date of EB3 is lost. ? :confused:
more...
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dilbert_cal
04-06 05:25 PM
I do appreciate your detailed reply - especially on these forums where civilized discussion is a thing of the past.
My apologies for nitpicking on the DONOR definition and Congratulations on the new management philosophy you are going with. I hope you succeed in your endeavour.
Still I've some open issues. If you look at the poll, there isnt a single person who voted NO. We should expect to see a healthy mix of Yes,No and Dont Care. But the way the poll has been put and partly the wording, partly the current IV environment, people are sceptical of putting their real thoughts publicly. This excercise is futile if you have minimal 'NO's --- hope you are getting my point here. The only thing you might end up with is x number of YES and hope to translate the YES into more dollar value for IV and there will be some YES who are already contributing monetarily.
You are right in saying that we need to increase dollar contributions but tying it to frequent updates is not a practical thing. There are reasons IV Core cannot share their strategical plans with the masses and this is true in most places. By saying donate more and get more updates, we are setting us up for failures esp. if we expect 'real' updates. Even in an ideal situation, you will not have real changes every week and certainly not regularly.
And once again thanks for the healthy discussion.
All those who have voted - thanks for your response so far and agree with the sentiments expressed. For those who have not voted yet, please take the time to log in and vote - YOUR OPINION COUNTS!
...
All I am really advocating is more transparency ...which should lead to more involvement as well. Thanks for your time.
My apologies for nitpicking on the DONOR definition and Congratulations on the new management philosophy you are going with. I hope you succeed in your endeavour.
Still I've some open issues. If you look at the poll, there isnt a single person who voted NO. We should expect to see a healthy mix of Yes,No and Dont Care. But the way the poll has been put and partly the wording, partly the current IV environment, people are sceptical of putting their real thoughts publicly. This excercise is futile if you have minimal 'NO's --- hope you are getting my point here. The only thing you might end up with is x number of YES and hope to translate the YES into more dollar value for IV and there will be some YES who are already contributing monetarily.
You are right in saying that we need to increase dollar contributions but tying it to frequent updates is not a practical thing. There are reasons IV Core cannot share their strategical plans with the masses and this is true in most places. By saying donate more and get more updates, we are setting us up for failures esp. if we expect 'real' updates. Even in an ideal situation, you will not have real changes every week and certainly not regularly.
And once again thanks for the healthy discussion.
All those who have voted - thanks for your response so far and agree with the sentiments expressed. For those who have not voted yet, please take the time to log in and vote - YOUR OPINION COUNTS!
...
All I am really advocating is more transparency ...which should lead to more involvement as well. Thanks for your time.
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gc_lover
06-28 02:29 PM
my attorney said i need to wait for 140 receipt to file 485
is that true?
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
No you don't. You can file without 140 receipt, atleast that's what my lawyer told me. Anyways, mine is concurrent filing.
is that true?
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
No you don't. You can file without 140 receipt, atleast that's what my lawyer told me. Anyways, mine is concurrent filing.
more...
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franklin
07-20 05:49 PM
Before people start slamming this lawmaker and that, please read the full context of the bills and amendments.
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GCVictim
07-31 06:54 PM
EB1- U (Always)
EB2- Sep 2010
EB3-Sep 2010
EB2- Sep 2010
EB3-Sep 2010
more...
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gunabcd
06-28 04:23 PM
Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!
Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.
Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.
Correct my intrepretation of law if wrong..
If your labor was filed after Feb 07 (since your H1 expiring in feb 08) and your I-140 does not get approved by feb 08, then EAD is the only option to be in status, (unless u join Patni, TCS, wipro, Infy on L1 :-)
Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.
Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.
Correct my intrepretation of law if wrong..
If your labor was filed after Feb 07 (since your H1 expiring in feb 08) and your I-140 does not get approved by feb 08, then EAD is the only option to be in status, (unless u join Patni, TCS, wipro, Infy on L1 :-)
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waitingnwaiting
05-31 11:10 AM
They fall under EB3. This bill if passed may be of some relief for EB3.
Yes this is EB3 relief bill.
Yes this is EB3 relief bill.
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rangeela
02-07 11:19 AM
This is not new, I was advised the same by my attorneys. I have heard "internet rumors" of people successfully filing EB-2 for job descriptions such as senior software engineer and senior systems analyst, which are normally classified as job zone 4. However, I was advised by two different law firms that this is not possible. According to both attorneys I consulted, you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5, so if you're in a senior position and supervising people (e.g., a manager or even a team lead), you may be able to obtain this classification.
- gs
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
- gs
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
miththoo
11-07 04:24 PM
If someone enter USA they can bring in 10K$ with them in any form, ask you parents to go to any center in india private broker or anyone and buy $$ (thye charge some amount and that is in paise if they buy $ from you at 39 then they will sell it at 39.50 or so)
You can buy as much as you want 100K$ or more. then when someone from india is coming then they can hand it to him and he can give it to you here.
Well in that case you "may" get caught by IRS (if they audit ). But in case of wire transfer you can prove that the money came from India in which there would not be any tax liability.
You can buy as much as you want 100K$ or more. then when someone from india is coming then they can hand it to him and he can give it to you here.
Well in that case you "may" get caught by IRS (if they audit ). But in case of wire transfer you can prove that the money came from India in which there would not be any tax liability.
prem_goel
08-03 07:53 PM
I don't think there is any way of knowing if your case is pre-adjudicated. The only way you will come to know is if you receive an RFE or an interview appointment.
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated. I don't understand why most of the people are ignoring this simple fact. I think we need to stop consider USCIS a mystery box, and start treating it like an organization that processes the applications in a structured way.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated. I don't understand why most of the people are ignoring this simple fact. I think we need to stop consider USCIS a mystery box, and start treating it like an organization that processes the applications in a structured way.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
