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.
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insbaby
10-01 07:30 PM
can she revert back to US citizenship and hold US passport by renouncing Indian passport
As of right now, YES. It is possible if you are in US. You submit the US birth certificate and that is the proof (Amendment 14) of your citizenship. If you are outside US, the process is slightly difficult that you have to convince the consulate/embassy.
Same is not true on the other side. Once you get US Passport, you have to do some "dramatic" actions to get your Indian passport back even if you are ready to renounce US Passport, because we follow rules (!!!) strictly.
As of right now, YES. It is possible if you are in US. You submit the US birth certificate and that is the proof (Amendment 14) of your citizenship. If you are outside US, the process is slightly difficult that you have to convince the consulate/embassy.
Same is not true on the other side. Once you get US Passport, you have to do some "dramatic" actions to get your Indian passport back even if you are ready to renounce US Passport, because we follow rules (!!!) strictly.
paskal
10-23 11:53 PM
he is EB3
everyone is retrogressed, badly i may add
there is no method to this madness.
congratulations bud! glad you made it out :D
everyone is retrogressed, badly i may add
there is no method to this madness.
congratulations bud! glad you made it out :D
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tooclose
08-12 12:58 PM
vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts
more...
praveenat11
10-24 01:27 PM
hi guys,
The PD current for EB1 in the month of Oct.
I have filed my I-140,I-485 on Oct10 2007 in the category of EB1.
But until now i did not receive any confirmation notice..
Can anyone say what should i do now or have to wait for some more weeks?
Thanks in advance...
The PD current for EB1 in the month of Oct.
I have filed my I-140,I-485 on Oct10 2007 in the category of EB1.
But until now i did not receive any confirmation notice..
Can anyone say what should i do now or have to wait for some more weeks?
Thanks in advance...
pappu
07-27 11:56 AM
This might be helpful
http://immigrationvoice.org/wiki/index.php/Starting_a_Business
http://immigrationvoice.org/wiki/index.php/Starting_a_Business
more...
reddymjm
05-13 02:26 PM
well ..the problem is by the time EB3 - person gets his chance --he may become more qualified than a EB2 candidate ..esp in IT. for eg -- tell me who is more qualified.
say a person does MS (maybe from timbuktu) has 1-2 years experience (EB2) ..and there is another EB3 person with 4 year college - 3 yr experience when he applied in 2001 .(so now he has 10 yr experience and along the way he got certifications etc) ..so now who is more valuable ??
the problem is there are (some have been rectified) lot of loopholes, problems, inefficiencies (and I care rat's a__ attitude at USCIS) ..how else can you justify the wastage of visas every year ..when the US needs immigrants just as immigrants need US
How many of MS(EB2) candidates got Jobs without faking their resumes. I am not saying all EB3 are not doing that. At the same time not all companies do EB2.
say a person does MS (maybe from timbuktu) has 1-2 years experience (EB2) ..and there is another EB3 person with 4 year college - 3 yr experience when he applied in 2001 .(so now he has 10 yr experience and along the way he got certifications etc) ..so now who is more valuable ??
the problem is there are (some have been rectified) lot of loopholes, problems, inefficiencies (and I care rat's a__ attitude at USCIS) ..how else can you justify the wastage of visas every year ..when the US needs immigrants just as immigrants need US
How many of MS(EB2) candidates got Jobs without faking their resumes. I am not saying all EB3 are not doing that. At the same time not all companies do EB2.
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srinivas_o
07-08 02:05 PM
Thank You, WeShallOvercome. Your words really made me relaxed.
more...
saileshdude
07-04 12:22 PM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
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jaane_bhi_do_yaaro
01-14 10:13 PM
One of my colleagues, got his GC last yr (EB2, PD 2006) in Aug. 2008 even though his receipt date (Aug. 2007 as per receipt by Texas center)
was not honored.
I believe that even receipt date is not honored if the case has cleared all formalities and PD is current.
was not honored.
I believe that even receipt date is not honored if the case has cleared all formalities and PD is current.
more...
lord_labaku
04-15 10:44 AM
There are more important things in life than job or money. One such thing is having a kid & having a family.
Good luck to you & your future baby.
Good luck to you & your future baby.
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HRPRO
02-23 04:20 PM
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
If you knew you wanted to convert back, you should have filed a 539 along with your husband's petition. Not too late, you can still do it but to revert back, they may come back asking for last 3 paystubs to prove you were still in status ona H-1.
HRPRO
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
If you knew you wanted to convert back, you should have filed a 539 along with your husband's petition. Not too late, you can still do it but to revert back, they may come back asking for last 3 paystubs to prove you were still in status ona H-1.
HRPRO
more...
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gcnirvana
10-12 03:25 PM
I agree with nixstor. I have my own template but not my personal story. It mostly highlights IV and its mission; plight of skilled legal-immigrants and in turn US' and also seek for some help from the media.
I recommend every one writing their own words rather than doing the copy/paste. If I were to recieve 10 emails with exactly the same content, it might make me feel like some ONE just sent 10 diff emails. IMHO, Its a good idea to write the gist of the story in your own words. Save it and use it for all the people in the media.
I recommend every one writing their own words rather than doing the copy/paste. If I were to recieve 10 emails with exactly the same content, it might make me feel like some ONE just sent 10 diff emails. IMHO, Its a good idea to write the gist of the story in your own words. Save it and use it for all the people in the media.
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nrk
08-11 11:18 AM
Service Request you will call the number on your receipt .
Info pass --> follow this link
InfoPass.. (http://infopass.uscis.gov/index.php)
1. Choose english as the language
2. click Make your appointment with Infopass button
3. enter your zip code and country
4. Please select Kind of Service you need
5. if you select a service on the application already filed from step 4
the following options will be there.
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
Select one of the options.
6. Enter your name and personal details and click next it will give the appoint times available to you, choose a time and take the necessary documentation (485 receipts etc) to
the appointment office in person.
7. there you will get a chance to talk to one of the officer in person. they will try to clear your questions as they can.
There might be good documentation about the steps in ImmigrationVoice website, search for that.
Thanks NRK is that number same on our receipt? I am sorry but can you tell me how to get a live person...
Info pass --> follow this link
InfoPass.. (http://infopass.uscis.gov/index.php)
1. Choose english as the language
2. click Make your appointment with Infopass button
3. enter your zip code and country
4. Please select Kind of Service you need
5. if you select a service on the application already filed from step 4
the following options will be there.
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
Select one of the options.
6. Enter your name and personal details and click next it will give the appoint times available to you, choose a time and take the necessary documentation (485 receipts etc) to
the appointment office in person.
7. there you will get a chance to talk to one of the officer in person. they will try to clear your questions as they can.
There might be good documentation about the steps in ImmigrationVoice website, search for that.
Thanks NRK is that number same on our receipt? I am sorry but can you tell me how to get a live person...
more...
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gc__aspirant
01-21 01:18 AM
I just registered myself to immigrationvoice.com website and contributed $50. And i'll contribute later, if required.
Great job guys. I may not be able to volunteer, Sorry !!!
I really appreciate volunteer's efforts who are spending their personal time and money for the common cause. I hope something positive should come out of it.
Goog luck to all of us !!!
Great job guys. I may not be able to volunteer, Sorry !!!
I really appreciate volunteer's efforts who are spending their personal time and money for the common cause. I hope something positive should come out of it.
Goog luck to all of us !!!
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rsn75
07-12 09:49 PM
All,
You can request a copy of I-140 approval from USCIS using G-639 form (download from www.uscis.gov).
In G-639 form, Fill out the following information
I) Type of request
-> Freedom of information Act (FOIA)
2) Requester Information
--> Your Communication address
3) Consent to release information
--> Please choose "A portion of my records" box
4) Information needed to search for record
--> Please specify only "ETA 9089" for PERM CASEs or ETA 750 PART A & B. ( I have asked for ETA 9089,)
--> You can also ask for I-140 approval copy(Since i have approval letter i didn't ask.)
*Note: If you specify portion of record in application, then it will be processed in Track one otherwise it is going to be in complex track(Track Two).
5) Data needed on subject of record,
--> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
6) Verification of subject identity
--> Notarized affidavity of identity
7) Signature of subject of record
8) Notary
-> Please Notarized the G-639 form
Send the filled form to the following address
National Records Center - FOIA Division
P.O Box 64801
Lees Summit, MO 64064-8010
You will get receipt notice with NRCxxxxxxxxxx which can be trackable through the following link.
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD
I have applied it, it is in the process, i believe it is going to take minimum 3 to 5 months since my case is assigned to Track One. Every month they are processing atleast 1000 Applications. It may take morethan 6 months if the case is assigned in complex track. If you ask for full package then difinitely they will put into complex track(ie Track Two).
Please let me know if you need any more information on this regard.
You can request a copy of I-140 approval from USCIS using G-639 form (download from www.uscis.gov).
In G-639 form, Fill out the following information
I) Type of request
-> Freedom of information Act (FOIA)
2) Requester Information
--> Your Communication address
3) Consent to release information
--> Please choose "A portion of my records" box
4) Information needed to search for record
--> Please specify only "ETA 9089" for PERM CASEs or ETA 750 PART A & B. ( I have asked for ETA 9089,)
--> You can also ask for I-140 approval copy(Since i have approval letter i didn't ask.)
*Note: If you specify portion of record in application, then it will be processed in Track one otherwise it is going to be in complex track(Track Two).
5) Data needed on subject of record,
--> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
6) Verification of subject identity
--> Notarized affidavity of identity
7) Signature of subject of record
8) Notary
-> Please Notarized the G-639 form
Send the filled form to the following address
National Records Center - FOIA Division
P.O Box 64801
Lees Summit, MO 64064-8010
You will get receipt notice with NRCxxxxxxxxxx which can be trackable through the following link.
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD
I have applied it, it is in the process, i believe it is going to take minimum 3 to 5 months since my case is assigned to Track One. Every month they are processing atleast 1000 Applications. It may take morethan 6 months if the case is assigned in complex track. If you ask for full package then difinitely they will put into complex track(ie Track Two).
Please let me know if you need any more information on this regard.
more...
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royus77
04-14 08:43 PM
In the state of Mass delivery is covered by the State provided you show you don't have insurance. Millions of single moms are delivering and many are teenagers and many are w/o any insurance. Delivery is considered an emergency and you will be covered. Keep your spirits up and bear the storm.....it always gets darkest before you see light again.
All the best
SoP
Sorry to hear about you .
CORBA is the way to go . Find another Desi employer who can give you a similar job on EAd and take leave after a week . Get Insurance from your husband employer asap . Not only desi , every employer is taking advantage of the situation ....
All the best
SoP
Sorry to hear about you .
CORBA is the way to go . Find another Desi employer who can give you a similar job on EAd and take leave after a week . Get Insurance from your husband employer asap . Not only desi , every employer is taking advantage of the situation ....
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mantric
06-29 02:56 AM
bluez25,
thanks for the detailed post.
a question: after 140 approval, does the service center notify you of the approval and send you a copy, or do you only hear next from the NVC ? I'm waiting on my 140/CP filing for the last two weeks and getting a little anxious. Also when can one call up the NVC to confirm that they've received the file ? thanks a lot.
----
QUOTE=bluez25]Guys,
There seems to be little outdated information on this forum.
1. We can not apply for the medicals if you have opted for the CP. You have to do medicals only in the place where your case will be transfered from NVC.
example: If your case is transferred to Chennai consulate. you have to do your medicals in chennai from the list of doctors they provide.
2. Once your I 140 gets approved, your application will be transferred to the NVC for further processing if you opted for the CP.
3. Once NVC receives the approved 140 it will then notify the attorney or yourself with Fee bills to be paid.
4. Once you send the cachiers check for the CP processing, NVC receives the same and send the Packet 3 which is the FORM DS 230 Part 1 to the attorney of records.
5. Once you receive the DS 230 Part 1, you will have to fill that and send it back to NVC.
6. NVC complets the proccessing and will keep the file at NVC until the Priority dates become current.
7. Once it becomes current, NVC forwards the case to the respective consulate for further processing and scheduling of appointments.
8. once the consulate receives the same depending on their appoinment schedule will schedule an appoinment and will go on from there.... issuing the visa..
With Respect to me...
My 140 got approved in jan 2007,
sent to NVC in march
NVC sent the fee bill in April
Sent the bills back to NVC in April.
Received packet 3 DS 230 part 1 in May 2007
sent the filled out form in May 2007,
NVC forwarded the case to chennai consulate on June 5th
Waiting to get any news from chennai consulate.....
Hope this clarifies every one in this forum[/QUOTE]
thanks for the detailed post.
a question: after 140 approval, does the service center notify you of the approval and send you a copy, or do you only hear next from the NVC ? I'm waiting on my 140/CP filing for the last two weeks and getting a little anxious. Also when can one call up the NVC to confirm that they've received the file ? thanks a lot.
----
QUOTE=bluez25]Guys,
There seems to be little outdated information on this forum.
1. We can not apply for the medicals if you have opted for the CP. You have to do medicals only in the place where your case will be transfered from NVC.
example: If your case is transferred to Chennai consulate. you have to do your medicals in chennai from the list of doctors they provide.
2. Once your I 140 gets approved, your application will be transferred to the NVC for further processing if you opted for the CP.
3. Once NVC receives the approved 140 it will then notify the attorney or yourself with Fee bills to be paid.
4. Once you send the cachiers check for the CP processing, NVC receives the same and send the Packet 3 which is the FORM DS 230 Part 1 to the attorney of records.
5. Once you receive the DS 230 Part 1, you will have to fill that and send it back to NVC.
6. NVC complets the proccessing and will keep the file at NVC until the Priority dates become current.
7. Once it becomes current, NVC forwards the case to the respective consulate for further processing and scheduling of appointments.
8. once the consulate receives the same depending on their appoinment schedule will schedule an appoinment and will go on from there.... issuing the visa..
With Respect to me...
My 140 got approved in jan 2007,
sent to NVC in march
NVC sent the fee bill in April
Sent the bills back to NVC in April.
Received packet 3 DS 230 part 1 in May 2007
sent the filled out form in May 2007,
NVC forwarded the case to chennai consulate on June 5th
Waiting to get any news from chennai consulate.....
Hope this clarifies every one in this forum[/QUOTE]
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lazycis
07-02 11:37 AM
I have followed it up with AILF and 3 more attorneys just in case to see if a law suit is feasible. All of them said, it is not possible. Only option left is to write to Dept. of Justice to see if this law holds a constitutional test. I wrote once, but never got any reply on that.
But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.
Couple of points to Nay sayers.. that this is not racial descrimination
INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.
So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.
I tried explaining this in my writing to DOJ. But one letter didn't do the job required.
I also think that discrimination lawsuit has very slim chances as the Supreme court ruled in the past that it's OK to have different treatment (discrimination) of non-citizens in immigration matters. But recapture lawsuit may work.
But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.
Couple of points to Nay sayers.. that this is not racial descrimination
INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.
So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.
I tried explaining this in my writing to DOJ. But one letter didn't do the job required.
I also think that discrimination lawsuit has very slim chances as the Supreme court ruled in the past that it's OK to have different treatment (discrimination) of non-citizens in immigration matters. But recapture lawsuit may work.
kavita
07-02 12:04 PM
Should we write letters individually stating how this law has been unfair to us personally? I do not think DOJ will respond to each of us individually. This has to be a mass campaign under one umbrella to be effective. I understand that the leaders in IV are pursuing this with congress currently so probably cannot participate in this campaign? What other ways do we have? Could this be an online campaign?
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
zerozerozeven
08-11 08:19 AM
DOS should have added this in the bulletin
For all EB2-Is, thanks for checking the visa bulletin....see you all in Jul 2011
For all EB2-Is, thanks for checking the visa bulletin....see you all in Jul 2011
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