priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
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fightnow
07-06 07:32 PM
This event has been registered at SJPD but no permit was issued.
Having a permit means you can block the traffic.
Without a permit, we are required to stay on sidewalks.
The police put down my name, driver license # and address.
However, when I asked if I have any liability for others fault, the ploice said NO. Everybody abides by law for himself.
Having a permit means you can block the traffic.
Without a permit, we are required to stay on sidewalks.
The police put down my name, driver license # and address.
However, when I asked if I have any liability for others fault, the ploice said NO. Everybody abides by law for himself.
atmercyofdol
10-08 02:47 PM
Are you in the IT field?
There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
2011 the red carpet (kidding):
qasleuth
02-25 04:26 PM
Pappu,
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
Not sure where you get this philosophy of encouraging people to donate by hurling insults. There is a solid proposal from realizeit which is gaining traction and many people have committed donations. Motivating people by solid proposals rather than silly insults and calls to their conscience by abusing it gets us nowhere.
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
Not sure where you get this philosophy of encouraging people to donate by hurling insults. There is a solid proposal from realizeit which is gaining traction and many people have committed donations. Motivating people by solid proposals rather than silly insults and calls to their conscience by abusing it gets us nowhere.
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mbawa2574
05-09 10:55 AM
How are you saying this? Under his watch large numbers of green cards were lost.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
At least Bush Administration was sympathetic to our cause. Everyone knows that this is a congressional fix but alteast Bush never came up with those anti-H1b policies to destabilize people in GC queue. Now these numbers have retrogressed in month of June when historically this has never happened. Obama is trying to woo people at the cost of Indian community.
Everyone knows Durban & how he has lately tried to screw Indian community and Obama is a good friend of Durban. Now Democrats are in majority , why have they not fought for your cause ? There was an idiot congressman in IV Dc rally who was talking about making all illegals legal from IV stage. So what else u can expect ?
Come out of Obama Dreams & fantasy world. Obama is not good for us. He is good for illegals and any immigrant who is aspiring a blue collar job. They don't want you & me taking white collar jobs. He is helping right-wing white supremacist agenda by aligning himself with people like Grassley & Durban.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
At least Bush Administration was sympathetic to our cause. Everyone knows that this is a congressional fix but alteast Bush never came up with those anti-H1b policies to destabilize people in GC queue. Now these numbers have retrogressed in month of June when historically this has never happened. Obama is trying to woo people at the cost of Indian community.
Everyone knows Durban & how he has lately tried to screw Indian community and Obama is a good friend of Durban. Now Democrats are in majority , why have they not fought for your cause ? There was an idiot congressman in IV Dc rally who was talking about making all illegals legal from IV stage. So what else u can expect ?
Come out of Obama Dreams & fantasy world. Obama is not good for us. He is good for illegals and any immigrant who is aspiring a blue collar job. They don't want you & me taking white collar jobs. He is helping right-wing white supremacist agenda by aligning himself with people like Grassley & Durban.
JazzByTheBay
12-17 06:01 PM
Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
more...
acecupid
07-03 02:31 PM
I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!
We dont want the morons to think we are appreciating their work. If we are not clear in our message it doesnt make sense to send the flowers. Its not going to burn any bridges in my opinion. There was no bridge in the first place :):D
We dont want the morons to think we are appreciating their work. If we are not clear in our message it doesnt make sense to send the flowers. Its not going to burn any bridges in my opinion. There was no bridge in the first place :):D
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maverick_joe
05-02 11:41 AM
I just gave you one! can you please return the favor? :)
talking abt red and green my friend reddymjm got totally pissed by my previous post and gave me red..loser!
Why arent you tempted to give me green though :)
talking abt red and green my friend reddymjm got totally pissed by my previous post and gave me red..loser!
Why arent you tempted to give me green though :)
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CADude
08-23 12:56 PM
I am not sure if TSC receiving/encashing 485 application all 5 days. We get few check encashment then lul for couple of day. then again few more...
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
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GCard_Dream
10-05 12:20 PM
I am afraid that you might be right on this. Having said that it appears that there isn’t lot of resistance for our provisions in the senate. In fact, we have been able to get our provisions through the senate few times already but we have never been able to get anything out of the house. We tried twice and it always failed in the house.
So why don’t we try to persuade house to come up with our provisions and that shouldn’t (I hope) have any problem in the senate. If history is any guide, senate has always been helpful to us. Any comment on who in the house might be willing to help us in lame-duck session.
If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.
If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.
So why don’t we try to persuade house to come up with our provisions and that shouldn’t (I hope) have any problem in the senate. If history is any guide, senate has always been helpful to us. Any comment on who in the house might be willing to help us in lame-duck session.
If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.
If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.
more...
alisa
12-12 12:24 AM
in one of the threads its said that all 90 senators had agreed to pass the SKIL as against one who did not (sen sessions) and since lame duck required unanimous voting it cud not, but when the demo's bring it up early next year, they would not need an unanimous vote on it but a majority vote? so statistically it sud get through? how far off am i on this?
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
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desiguy22042
09-23 09:42 PM
Hi rc0878,
I just checked the notice and there is no priority date on mine. It is left blank.
I wonder if it is printed for ANYONE.
Quick question for thosewho have already recieved their receipt notice????
What does the priority date column say on your receipt notices? I mean does it show the actual priority date or is blank????
I just checked the notice and there is no priority date on mine. It is left blank.
I wonder if it is printed for ANYONE.
Quick question for thosewho have already recieved their receipt notice????
What does the priority date column say on your receipt notices? I mean does it show the actual priority date or is blank????
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Prashant
05-23 10:47 AM
Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.
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gk_2000
09-09 11:04 PM
From all the options we have at hand immediately, I suggest the following to be the quickest and most effective
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
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reddymjm
05-05 05:30 PM
You will be current for sure in the Jun visa bulliten. It will be in some where in 2007.
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delax
08-20 09:36 AM
FYI - for those approved and waiting for cards in the mail! Here are the details for self, spouse and child - all approved at the same time.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
CPO - Email recd on Aug 11 saying CPO on Aug 9.
Aug 12 - Hard LUD saying Welcome Notice Mailed on Aug 12
Aug 13 - Soft LUD
Aug 15 - Hard LUD saying Approval Notice mailed on Aug 14
Aug 18 - Welcome Notice and physical cards received for all of us. No Approval Notice yet! Not sure if I will receive one.
more...
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madhuvj
09-15 03:39 PM
You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.
Originally Posted by VivekAhuja
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Originally Posted by VivekAhuja
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
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senthil1
06-28 04:16 PM
What you can do if a company does not advertise but only hiring US citizens or GC holders and avoid all others? Many Indian companies are only hiring H1bs or Indian origins without ads. In USA all the hiring are at will basis. To resolve this fast try to get green card quickly. You will have preference over H1b holders. Instead of fighting individually with companies better to fight collectively to pass recapture bill or green card bill to get GC fast. You need to get multiple legal opinion whether those advertisements are legal. There may be some exceptions according to law.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
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swissgear
08-25 10:00 PM
Not sure if its a BREAK or no Visa numbers...
On a serious note, there have been 4 cases approved today(from other site - 2 cases from India and 2 from ROW). So looks like there are some ROW applications also in queue during this time of the year getting approved. I saw someone from EB2-ROW getting 485 approved (filed 140/485 concurrently) in a record time of just 30 calendar days(Filed on July 26th and approved Aug 25th). Never heard USCIS was so efficient.
Looking at the positive side, since they are still approving ROW cases, it may mean that spillover is still happening and there are visas available.
On a serious note, there have been 4 cases approved today(from other site - 2 cases from India and 2 from ROW). So looks like there are some ROW applications also in queue during this time of the year getting approved. I saw someone from EB2-ROW getting 485 approved (filed 140/485 concurrently) in a record time of just 30 calendar days(Filed on July 26th and approved Aug 25th). Never heard USCIS was so efficient.
Looking at the positive side, since they are still approving ROW cases, it may mean that spillover is still happening and there are visas available.
PDOCT05
10-08 10:15 AM
I am still waiting?
gccovet
02-10 09:45 AM
I am sending a $50.00 check today.
Thank you RS_123.
This brings us to $919.00
gccovet
Thank you RS_123.
This brings us to $919.00
gccovet
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