virtual55
07-11 11:35 AM
In VA can we extend Driving License with receipt notice of h1 extension .
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drona
07-30 12:45 PM
gctoget, we are actually 39 members now. 24 is the new members that have joined since a week back. If you look at the members section on our yahoo groups we have more. Keep joining folks, we have become very active.
ychousa
07-18 05:32 PM
There seems to be 2 different opions about the process after CIS has received hundreds of thousands of applications until Aug 17th.
1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.
2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.
Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.
I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?
1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.
2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.
Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.
I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?
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ItIsNotFunny
10-24 05:12 PM
ItIsNotFunny:
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
more...
Keeme
03-05 11:45 AM
Our cases are with NSC. EB2. PD: Mar -06
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.
Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.
Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?
gc_on_demand
06-10 11:16 AM
Please call CHC members ASAP.. takes only 10 minutes to call..
more...
GCard_Dream
01-04 02:59 PM
Agree. Truthinspector is simply expressing his opinion and if one doesn't agree, just put your side of the arguments to counter his but their is no need for character assassination. It's perfectly fine to disagree with someone but there are better ways of letting him/her know that.
truthinspector: may be it's time to invoke "freedom of speech" clause. ;) .. just kidding.
for all of you sharpening the knives to get truthinspector, let me start by saying that he/she has only mentioned their opinion and/or facts. they may not have been presented in a politically correct manner.
truthinspector never mentioned that the US has NO NEGATIVES........... purely stated why India is still not and (I am not sure about the 500 years - seems like an arbitrary number) will not in the near future, be a developed country and presented his/her reasons for the hypothesis..........
this forum is better served if you can show how and why truthinspector's list is incorrect instead of talking about self-confidence, self-esteem and all the other intangibles that you have no way of gauging without actually knowing truthinspector as a person.........
you are the one indulging in personal attacks, while truthinspector is only stating opinion and/or facts....
the truth always hurts. some more so than the others........
truthinspector: may be it's time to invoke "freedom of speech" clause. ;) .. just kidding.
for all of you sharpening the knives to get truthinspector, let me start by saying that he/she has only mentioned their opinion and/or facts. they may not have been presented in a politically correct manner.
truthinspector never mentioned that the US has NO NEGATIVES........... purely stated why India is still not and (I am not sure about the 500 years - seems like an arbitrary number) will not in the near future, be a developed country and presented his/her reasons for the hypothesis..........
this forum is better served if you can show how and why truthinspector's list is incorrect instead of talking about self-confidence, self-esteem and all the other intangibles that you have no way of gauging without actually knowing truthinspector as a person.........
you are the one indulging in personal attacks, while truthinspector is only stating opinion and/or facts....
the truth always hurts. some more so than the others........
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isedkeem
03-07 03:37 PM
I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .
...
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I went on a business trip to Delhi and Mumbai last year for about 10 days. I stayed at very expensive hotels (Leela in Mumbai, don't remember the Delhi one) but somehow I did not feel that it was worth the $300+ a night or so. The hotels were about the same standard as a Best Western or a Holiday Inn in the US which tend to go for $60-80 usually. There were no reasonable budget options for $100 like in the US. The value for money seems much less in India IMO. I have been to China and Brazil too and the general standards there seem to be orders of magnitude higher.
...
When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.
So everyone has to take a personal decision, based on personal factors..
I went on a business trip to Delhi and Mumbai last year for about 10 days. I stayed at very expensive hotels (Leela in Mumbai, don't remember the Delhi one) but somehow I did not feel that it was worth the $300+ a night or so. The hotels were about the same standard as a Best Western or a Holiday Inn in the US which tend to go for $60-80 usually. There were no reasonable budget options for $100 like in the US. The value for money seems much less in India IMO. I have been to China and Brazil too and the general standards there seem to be orders of magnitude higher.
more...
bkam
04-25 08:35 PM
Learning01 has stollen the idea ! :-)
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
I have already expressed my intention to sue the US government for the money I have put for so many years in the SS and Medicare funds when I leave the country. There will be always a greedy American lawyer (only one ?! :-) ready to get this done for one third of the prey. And I will still get back two thirds of my money. Much better than nothing.
And imagine that a bunch of "mirage chasers" like me unite and make it a class-suit, and everybody around the world who has been legally here and paid his taxes hears that and asks for his/her money back... The tick-skin-fat-ass politicians and government officials will suddenly become very nice, considered and cooperative (now they are just nice), the PBEC would miraculously clear the backlog within 6 months, the retrogression will disappear etc, etc.
Well, most probably all this will never happen but you never know, the snowball may start rolling... They are too many frustrated people in this mess...
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softcrowd
12-27 09:04 AM
The notion "If you enter back on H1B, your GC process is abandoned" is utterly wrong. AP is an interim benefit which you may or may not use. Actually there are few people who never applied for EAD/AP due to various reasons....
Your 485 is just not impacted no matter you use your EAD/AP or h1B while reentering!
Your 485 is just not impacted no matter you use your EAD/AP or h1B while reentering!
more...
paisa
07-06 03:25 PM
can someone tell me who is core? I hear core mentioned all the time here
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manderson
03-11 11:12 AM
Napoleon, thanks for those great finds. I always suspected Self-Porting is possible but with too many caveats.
Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):
http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212
Sorry if this is a repeat post/link.
Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):
http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212
Sorry if this is a repeat post/link.
more...
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pbojja
09-11 10:58 PM
when do we all send it? should we wait for oct 2nd?
Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)
Lets get it started this week end ..our goal should be getting follwoing answers from CIS and DOS ..
Dear DOS,
On what basis dates are moved to PD 2006 for India and China during Aug and September ? Is there a memorandum which justifies this move ?
Dear USCIS,
1> On what basis you are processing the applications ? Receipt Date,Notice Date or Priority Date ? How can you justify approving 2006 cases
2> How many 485 applications are pending for India and China , year wise ? Why is it so difficult to publish ? why are we in dark and guessing things ?
3>What the customer service is for ? your 1-800 number information is so use less ...Why can not they even inform us about our Priority date or Name Check cleareance ? And the service tickets are next to useless
Dear TSC and NSC ...
1> How come your processing dates are going back wards ? How can you justify that ?
Can some one please post the addresses ? I will send the books including letters this week end .
Dont worry about spam ..we have every right to express our selfs ...we are in free country as they say
Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)
Lets get it started this week end ..our goal should be getting follwoing answers from CIS and DOS ..
Dear DOS,
On what basis dates are moved to PD 2006 for India and China during Aug and September ? Is there a memorandum which justifies this move ?
Dear USCIS,
1> On what basis you are processing the applications ? Receipt Date,Notice Date or Priority Date ? How can you justify approving 2006 cases
2> How many 485 applications are pending for India and China , year wise ? Why is it so difficult to publish ? why are we in dark and guessing things ?
3>What the customer service is for ? your 1-800 number information is so use less ...Why can not they even inform us about our Priority date or Name Check cleareance ? And the service tickets are next to useless
Dear TSC and NSC ...
1> How come your processing dates are going back wards ? How can you justify that ?
Can some one please post the addresses ? I will send the books including letters this week end .
Dont worry about spam ..we have every right to express our selfs ...we are in free country as they say
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
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ashutrip
06-20 12:35 PM
Do you know if you got an audit? Any idea about how they decide to do audits?
per my lawyer...chances of audit is less for EB3
per my lawyer...chances of audit is less for EB3
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ramus
07-06 01:29 PM
Why USCIS suddenly did this press release? Something fishy?
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
more...
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vpadman
01-03 11:58 AM
AP Applied at NSC on August 15, 2007.
I still have not received it.
Is there something we can do to expedite this process ?
Please help.
I still have not received it.
Is there something we can do to expedite this process ?
Please help.
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Edison99
04-30 10:04 PM
Thanks Leo07 for the great link!
It's good beginning though.......
It's good beginning though.......
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desidude
07-15 10:56 AM
Sent $10....
Thanks!
Thanks!
diptam
07-06 12:48 PM
For last few year...
"Backlog - retrogression - Can't process more than 1 case in 1 week, have patience guys...."
And Today ...
"Yes we can process 25000 cases in 48 hrs , that's called efficiency "
An we keep on accepting whatever is slapped on us and who knows what will be said to us in future.... "guys go home" ???
I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....
"Backlog - retrogression - Can't process more than 1 case in 1 week, have patience guys...."
And Today ...
"Yes we can process 25000 cases in 48 hrs , that's called efficiency "
An we keep on accepting whatever is slapped on us and who knows what will be said to us in future.... "guys go home" ???
I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....
waitingmygc
05-19 05:08 PM
Thanks chanduv23 for providing detail steps.
Great news ind_game. Hope eveything will be normal in a month.
Great news ind_game. Hope eveything will be normal in a month.
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