abhijitp
11-21 03:09 PM
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Fully appreciate your point. Do explore the option of having your GC expedited. Good luck!
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Fully appreciate your point. Do explore the option of having your GC expedited. Good luck!
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mchatrvd
09-10 02:27 PM
IV is not biased against any EB category. Their goal is to have process so that everyone gets GC in one year from date of application. These categories are set by USCIS. IV is currently in process of detailing solutions to end this misery of all EB category. More details can only be find in your respective state chapters. We cannot disclose details on the public forum. I will urge you to join your state chapter so that you are aware of what all IV is trying to do. IV is not trying to make system work for EB2 or EB1 but for everyone. There are lot of solutions, but we need to lobby and for that we need volunteer. Remember IV is not a corporate who has people working on its payroll and getting revenue. All of us need to contribute and volunteer. Trust me the day all of us (at least number of people blogging currently) join their state chapter and volunteer couple of hours in a month, you will not need lobby. The public voice be enough to convince Hill and House to pass a legislation.
desi3933
06-28 07:08 AM
A note to my fellow IV members - I am not after the $42/Hr job. Good luck in finding a US citizen to do this job. I was wrong about EEO, it is actually IRCA which prohibits discrimination in recruitment and hiring.
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
Thanks, Walking_Dude, for putting this link.
As per web page on this link -Do allow all employees (including non-U.S. citizens) to provide any permissible documents to establish their identity or work authorization during the employment verification process.This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
Thanks, Walking_Dude, for putting this link.
As per web page on this link -Do allow all employees (including non-U.S. citizens) to provide any permissible documents to establish their identity or work authorization during the employment verification process.This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
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gc4me
09-03 08:59 AM
Got the actual card yesterday. It is valid for two years. Kind of cool!
RD: 7/11/2008, CPO Email: 8/27/2008.
RD: 7/11/2008, CPO Email: 8/27/2008.
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bostonqa
06-11 01:32 PM
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
mariner5555
05-01 02:07 PM
lots of labors were sold..god knows how many are in queue by substitution
I think lot of labor subs guys have already got their GC ..there maybe sizeable number though remaining. in the example that I gave ..these guys didnt even get a decent job ..so they didnt even come to the GC scene.
also lot of people were having multiple H-1's ..so I am trying to be optimist in suggesting that the real demand may not be that much ..also, because of repeated complaints ..I would think that USCIS will try to push as many EB3- I cases as possible ..so they can show that dates are not severly retrogressed. these are all optimistic thinking points ..as one of my telugu friends told me ..even paan wallah's were coming from hyderabad ...and I guess for their own good 90% of them went back to get oppurtunities in India. many of them were already working in govt positions ..and I guess H1 hiring was almost at a standstill during the last downturn.
I think lot of labor subs guys have already got their GC ..there maybe sizeable number though remaining. in the example that I gave ..these guys didnt even get a decent job ..so they didnt even come to the GC scene.
also lot of people were having multiple H-1's ..so I am trying to be optimist in suggesting that the real demand may not be that much ..also, because of repeated complaints ..I would think that USCIS will try to push as many EB3- I cases as possible ..so they can show that dates are not severly retrogressed. these are all optimistic thinking points ..as one of my telugu friends told me ..even paan wallah's were coming from hyderabad ...and I guess for their own good 90% of them went back to get oppurtunities in India. many of them were already working in govt positions ..and I guess H1 hiring was almost at a standstill during the last downturn.
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apahilaj
08-11 09:45 AM
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.
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anilsal
03-09 11:50 PM
I think a GC app is for a futute position. So getting promotions should be ok. I have seen comments stating otherwise here in the forums. What is true?
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missourian
09-27 10:29 PM
see my signature, no receipts till date money order not cashed, Called USCIS got an answer.... "Not yet in the System", but IO told me there is a big junk of files and it will be processed in next 30 or 40 days.
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
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gcdreamer05
02-01 08:36 PM
All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
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mchatrvd
09-11 01:39 PM
I think it is about time for IV to think and make $25/month minimum fee for accessing this site. IV needs money to lobby to sort GC mess out. At the same time we need serious people ready to volunteer and donate. That is the only way out. We do not need people discussing SRK and Vonage on this site. We might reduce website hits by doing this but at least we will have ust have serious members who actually want to volunteer and work for IV.
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vinnysuru
04-18 07:28 PM
Hi All,
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
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acecupid
07-03 01:30 PM
Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.
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new_horizon
03-05 03:59 PM
I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
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chmur
07-27 12:08 AM
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
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pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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AllVNeedGcPc
08-06 11:08 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3-I, July 03 PD
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3-I, July 03 PD
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Gravitation
05-10 02:20 AM
I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?
yes
yes
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iptel
06-23 05:16 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Buddy you reached this thread also. What part you dont understand involving foreign influence can have catastrophic effect.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Buddy you reached this thread also. What part you dont understand involving foreign influence can have catastrophic effect.
Mount Soche
01-14 09:21 PM
I'm just sharing what my attorney told me about AC21. He says that he always has his clients inform the USCIS (not that one has to but that's what he does for his clients). He says that apparently before the USCIS adjudicates the I-485, they tend to issue an RFE, just to make sure you're working or have the job offer etc. So an RFE isn't unusual or a problem, it's just routine. Also, he says to make sure that the old company makes the job fit. He said to check the codes from the labor cert. approval to see if the new job falls within the same category as the old. I certainly will use AC21 when I find a new job and I wish everyone luck whatever you decide to do.
ashatara78
05-01 03:21 PM
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
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