markandeyan
07-25 05:19 PM
Contributed $100 thru PayPal(Transaction ID: 3X3138428V341142D)
nixstor
07-06 10:10 AM
Can you please change the headling in Digg to:
Homeland security compromised in mad rush to process Green Cards
Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again
Diptam & Saim,
Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.
Homeland security compromised in mad rush to process Green Cards
Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again
Diptam & Saim,
Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
skd
04-13 11:16 PM
:rolleyes:
more...
GCwaitforever
12-26 03:00 PM
Bad news unless they allow mass conversion of TR applications into non-RIR. Imagine they took two years to get rid of 220,000 easier applications (2005 and 2006). Now they are left with some of the old TR applications and they must be thinking of how to meet the September deadline. I would not be surprised if they ask for an extension, citing processing difficulties.
lonedesi
08-12 09:33 AM
How many members who participated in the poll above actully took the time to send the DHS Form 7001 and letter to ombudsman's office? Please post if you did send the letter & form.
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gcny2006
07-17 11:32 PM
http://www.imminfo.com/resources/cissop.html
jcrajput
09-11 03:49 PM
I don't understand how they calculate PD dates?
Can anyone help me here please?
Thanks
Can anyone help me here please?
Thanks
more...
ca_immigrant
05-03 01:39 PM
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
Great initiative by IV !! Keep it up. I will call today.
One quick point if I may please on ... "I want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
Wonder if instead of this we should say "Many of us want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
If everyone says "I want to start my own company...." not sure if that sounds true....neways...guess it is very minor a point ....
Once again !! Great initiative !!
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
Great initiative by IV !! Keep it up. I will call today.
One quick point if I may please on ... "I want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
Wonder if instead of this we should say "Many of us want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "
If everyone says "I want to start my own company...." not sure if that sounds true....neways...guess it is very minor a point ....
Once again !! Great initiative !!
kondur_007
12-16 11:04 AM
Wishful thinking aside - realistically speaking, it's zilch. As USCIS seems to have predicted, even with spillover implemented the PD isn't moving to 2006 any time soon.
jazz
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
jazz
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
more...
srt57
06-01 03:59 PM
THIS IS VALID ONLY IF THE CIR BILL BECOMES A LAW IN ITS CURRENT FORM....
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
But this generally applies to people affected by retrogression. If one isn't affected by retrogression, applies for I-140 after 5/15/2007 and gets green card before 10/1/2008 (which is possible) then that person should be ok, is that right?
h1techSlave
04-17 10:02 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
more...
she81
07-24 08:33 PM
But it did not help much. Basically, when you call PBEC if you come across the switch board operator, who usually sits in the forenoon sessions, you will not have any luck at all. She would ask you to send any queries/questions thru your attorney. I called both DOL and PBEC numbers several times. DOL people, while souding helpful, always said that they are helpless. As for PBEC, most times, I ran into this operator who gruffly told me to talk to my lawyer. I did talk to someone other than the switch board operator on a few occassions and they did give me some useful information. I then used that information to pester my attorney to take some action. I found it is generally best to call on Wednesdays/Thursdays during afternoon sessions. This is just my personal observation. In your case, there is nothing wrong in trying, is there? It is better to try and fail than not trying at all...
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
Thanks a lot for the heads up. I'm sure your advice will come in handy tomorrow. I've asked my attorney to call, but they simply won't venture into it and recommend waiting until the end of this month. Finally, I'm taking it in my hands.
I'm sorry to hear your saga. It all boils down to sheer good luck, isn't it? Good luck with your case.
My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...
Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.
fb
Thanks a lot for the heads up. I'm sure your advice will come in handy tomorrow. I've asked my attorney to call, but they simply won't venture into it and recommend waiting until the end of this month. Finally, I'm taking it in my hands.
I'm sorry to hear your saga. It all boils down to sheer good luck, isn't it? Good luck with your case.
ak_2006
06-10 02:13 PM
Can you post the link of the official announcement, thanks in advance
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
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gc4me
07-06 01:56 PM
Because I don't have enough time left of my H1B so that I can get a new I-140 approval before my H1B expires. I am in my 7th year. The only option I have is to port my PD. But I don't have I-140 approval copy, only the receipt #.
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
tinamatthew
07-23 06:31 PM
hi fruity..
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
more...
thomachan72
06-04 11:35 AM
OK here is a question.
Person working for past 4 years in the US.
Applied LC this February (2/26/07)
wants to go to canada and then reenter may be next year.
According to the new point based GC system--
1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)
Person working for past 4 years in the US.
Applied LC this February (2/26/07)
wants to go to canada and then reenter may be next year.
According to the new point based GC system--
1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)
Green.Tech
06-18 01:25 PM
Need to hit $20k as soon as we can!!!
Libra
09-10 05:11 PM
thanks ssprof
conchshell
08-14 06:51 PM
Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. I have not received the email for myself though. When I checked the status on Case Status Online site, I found that 485 for all three of us have been approved.
My priority date was Oct 2004 at NSC. Came to US in Feb 2000, so almost 8.5 years of waiting is finally finally over. I hope that NSC picks up the pace and approve all the people who are current.
Trust me!! I am not going anywhere. I will enjoy my green but at the same time will always work relentlessly to get the immigration reforms. I also prey from God almighty that all my friends/family members stuck in EB2/EB3 will also get their GC ASAP.
Wish you all the best, even though I have crossed the fence towards the greener pasture, I am always there to lend you a hand and help you climb up and jump across the fence.
My priority date was Oct 2004 at NSC. Came to US in Feb 2000, so almost 8.5 years of waiting is finally finally over. I hope that NSC picks up the pace and approve all the people who are current.
Trust me!! I am not going anywhere. I will enjoy my green but at the same time will always work relentlessly to get the immigration reforms. I also prey from God almighty that all my friends/family members stuck in EB2/EB3 will also get their GC ASAP.
Wish you all the best, even though I have crossed the fence towards the greener pasture, I am always there to lend you a hand and help you climb up and jump across the fence.
sirinme
07-21 03:42 PM
I just upgraded my monthly contribution to $50.