sdeshpan
07-21 03:13 PM
Has your experience via Delhi been any different (better/worse) than Bombay...mostly in terms of harassment by customs officials etc?
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chanduv23
07-09 12:48 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
santb1975
08-01 11:33 PM
Great Initiative from a Great Person
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eager_immi
07-20 03:55 PM
Can someone post where they have stopped issuing interim EADs. I have not come across any USCIS specific website.
Thanks
Thanks
more...
wellwishergc
07-13 02:19 PM
got it, sonu. Thanks; clear as water now!
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
more...
sonia_sd
10-19 07:15 PM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
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stillhowlong
01-28 07:19 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)
where can we get the SOC codes?
Thanks
SHL
where can we get the SOC codes?
Thanks
SHL
more...
gconmymind
04-24 02:34 PM
This is the first time I have seen so many approvals with such regular frequency. Congrats to everyone who got approved. It is also a good sign for all of us still waiting...
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Dhundhun
04-15 02:52 PM
Practically not much.
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
more...
Raj12
04-30 11:45 AM
As far as I know, H4's are allowed to do 'voluntary non-paying work' in the US and are not allowed to compete for jobs in the US. In my opinion, if you are working for an indian company and getting paid in Indian currency without hurting the US job market, it should be OK. An excellent point was made earlier about home maintenance activities and baby care activities that are also part of broader terminology of 'work' and 'job'.
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chanduv23
11-09 08:12 AM
hopefulgc - I can understand where you are coming from. Billions of people are excited by the fact that President Barack Obama has made history and for some reason - people are under the impression that "He is the guy next door" who can make wonders.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
more...
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mps
06-24 11:28 PM
Article says all pending application ...
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
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gcdreamer05
08-05 04:44 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
more...
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Berkeleybee
03-06 06:28 PM
All,
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough.
Sound familiar? Is this trend beginning to develop even in IV's own forums forget about The Other forum?
IV is a profoundly realistic group - we *know* we are fighting a hard battle. Which side would you rather be on? The side that says I'll only do something constructive when victory is almost in sight/certain or the side that makes victory happen step by step, day by day, member by member, task by task?
This forum is no place for the Doom and Gloom crew. We know the size of the battle, and we need all the optimism and drive we can get to fight it.
So cut the wailing (or take it to that other therapy forum) and instead of asking what IV is doing for you, ask what you can do to help yourself and all of us in this mess! Channel your rage and despair.
You've contributed. Fabulous. Reach out and recruit other members. Have them contribute. Join one of our volunteer teams get involved in some activity -- alliance building, media, web design, ad design, membership drive.
Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough.
Sound familiar? Is this trend beginning to develop even in IV's own forums forget about The Other forum?
IV is a profoundly realistic group - we *know* we are fighting a hard battle. Which side would you rather be on? The side that says I'll only do something constructive when victory is almost in sight/certain or the side that makes victory happen step by step, day by day, member by member, task by task?
This forum is no place for the Doom and Gloom crew. We know the size of the battle, and we need all the optimism and drive we can get to fight it.
So cut the wailing (or take it to that other therapy forum) and instead of asking what IV is doing for you, ask what you can do to help yourself and all of us in this mess! Channel your rage and despair.
You've contributed. Fabulous. Reach out and recruit other members. Have them contribute. Join one of our volunteer teams get involved in some activity -- alliance building, media, web design, ad design, membership drive.
Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
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pappu
08-02 12:28 PM
Best wishes.
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indianabacklog
08-16 02:53 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
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illusions
04-24 02:22 PM
Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
good news indeed! now you can celebrate your weekend even more happily :) Hope to see more such approvals.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
good news indeed! now you can celebrate your weekend even more happily :) Hope to see more such approvals.
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smartboy75
11-01 04:51 PM
Wait for 90 days to pass by...then give a call to USCIS ....and enquire about her status...
Go ahead with your FP appointment....Eventually your daughters Receipt notice and FP will follow...
Hope this helps...
Go ahead with your FP appointment....Eventually your daughters Receipt notice and FP will follow...
Hope this helps...
wandmaker
10-13 09:42 AM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
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anuh1
03-24 02:21 PM
I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.
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