willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
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looivy
02-14 03:23 AM
However, the immigration policy has been Europe friendly. They allowed free flow of white Europeans during 19th and a good part of 20th century. No doubt that these Europeans who came also struggled initially.
The recent policy is to block non-English speaking Mexicans. Why shoudl language and to some extent race be a factor?
The recent policy is to block non-English speaking Mexicans. Why shoudl language and to some extent race be a factor?
485Mbe4001
06-08 11:57 AM
I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
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abstractvision
03-19 01:15 PM
Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
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django.stone
11-11 05:19 PM
Guys..
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Yes, good idea and something that will benefit the entire I & C community in the long run including EB3. I will support the initiative.
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Yes, good idea and something that will benefit the entire I & C community in the long run including EB3. I will support the initiative.
485Mbe4001
02-21 11:38 AM
i am in the same boat, i was begging the damn lawyer to port me to EB2, she said, we will have to start the process all over again (as i had filed 485 in dec 04 )and it is not worth it. My company refuses to change lawyers so i am stuck in EB3 with pd apr 2002. :mad:
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
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qasleuth
05-26 07:49 PM
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
I sincerely hope you are not talking about me. are you ?
I sincerely hope you are not talking about me. are you ?
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anilsal
12-11 04:04 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
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angelfire76
02-14 01:13 AM
I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.
I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D
I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D
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gangadhargs
12-25 12:35 PM
I got my reply from USCIS today. The receipt number is NRC2008072623.
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nixstor
10-15 11:53 PM
ok what receipt # are you guys talking about? i think iam little confused..
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
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DesBhakt
03-09 10:06 PM
HAHAAHA, Yu guys are still dreaming. No more egreen cards for H1Bs doesnt matter what stage you are in. You will get queries like 'when there are so many americans without jobs, why do you need immigrants?' can any company wants to respond to this query?
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
:) You will have to fight the Reliance Freshs and subhikshas etc as competitors on that grocery store.
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
:) You will have to fight the Reliance Freshs and subhikshas etc as competitors on that grocery store.
more...
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seeker999
08-11 03:23 PM
August 15th being Independence day.
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
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seeker999
08-11 03:11 PM
Based on the members in competeamerica . I honestly believe they will give a damn about GC. Simple reason is they will loose their reigns on us.
More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.
More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.
more...
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gondalguru
07-11 02:03 PM
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
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nc14
10-19 11:03 AM
Sent mine on Saturday.
Keep this going folks we need to help ourselves.
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
11.
Question: We have a number of date availability questions. They are:
a.
What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
(OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.
Keep this going folks we need to help ourselves.
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
11.
Question: We have a number of date availability questions. They are:
a.
What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
(OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.
more...
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tjayant
11-21 09:45 PM
Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485
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Administrator2
04-21 10:23 AM
Sorry, did not see this thread before.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you ns007 and other members who have send PM today offering to volunteer for this initiative.
gsc999, ArunAntonio, pcs, newuser, willgetgc2005, pasupuleti, caydee, gcnirvana, ramaonline, 485Mbe4001 and samir took the lead in volunteering for calling our friends in CA. IV very much appreciates their willingness to volunteer.
We all will soon need to get into more active mode to participate in similar events in the local areas/communities. Kindly update your profile with your contact information. This is very important so that we could contact whenever there is any such opportunity.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you ns007 and other members who have send PM today offering to volunteer for this initiative.
gsc999, ArunAntonio, pcs, newuser, willgetgc2005, pasupuleti, caydee, gcnirvana, ramaonline, 485Mbe4001 and samir took the lead in volunteering for calling our friends in CA. IV very much appreciates their willingness to volunteer.
We all will soon need to get into more active mode to participate in similar events in the local areas/communities. Kindly update your profile with your contact information. This is very important so that we could contact whenever there is any such opportunity.
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vamsi_poondla
02-13 11:02 PM
USCIS did not form any new rule to create divide and rule. If we are divided that is because we are thinking of ourselves as ultimate judges of all events and think that our opinion is right.
485InDreams
09-26 10:09 AM
Guys...
Mail them a simple clean mail...Also, lets don't give publicity about Anti-Immigrants to CNN guys...
Mail them a simple clean mail...Also, lets don't give publicity about Anti-Immigrants to CNN guys...
Zil
09-28 04:21 AM
Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
You pretty much talk and think like an American. :)
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
You pretty much talk and think like an American. :)
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