chanduv23
05-14 12:28 PM
Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
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vjkypally
07-20 09:42 AM
BTW how did Obama vote?????
diptam
08-11 05:10 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
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hsd31
09-01 01:12 PM
Aug 2000: Came here on F1
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
more...
gc_check
03-10 08:38 AM
I would say we all need to know our status well first :) There is no such status as EAD. It is Adjustment of Status (AOS) Pending. I had done multiple refi and all I had to tell them is GC pending. They get copy of EAD just to have a reference that I am legal here at the time of application (since it has an end date). Had no issues so for.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
vkannan
03-12 11:20 PM
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
There you go.....See thinking does help;-).....anyway seriously dude......do you think USCIS go that level to go pick up your friends abandoned labor.....and do the PD Porting without your friend asking for it.....I will be damned...if this is true.....
There you go.....See thinking does help;-).....anyway seriously dude......do you think USCIS go that level to go pick up your friends abandoned labor.....and do the PD Porting without your friend asking for it.....I will be damned...if this is true.....
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vaishnavilakshmi
08-07 12:27 PM
July 2nd filers can expect their receipts by Friday(8/10) or Monday(8/13). It will take 3 days for them to just process July 2nd receipts.
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
Hi,
If this is true ,we are happy.Atleast ,they are going to enter our applications in the system(atleast they are not lost).But,waiting till weekend is quite narrow.What if the application gets rejected and we have no time to refile??Anyways,was the 2nd july filers date a prediction or did u get the info from a reliable source?
Vaishu
more...
gc28262
05-06 01:54 PM
Called all Tier1 Senators and left/passed on the message
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sanjay
02-24 06:34 AM
I had been going though the same phase. More from the last 6 months, from when my dates are current and nothing is happening. Its been a long wait, more than 7 years and counting.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
more...
sparky_jones
12-10 03:42 PM
This bulletin seems to have a more-detailed-than-usual write-up on PD movement and projections. It'll be interesting to see how ppl interpret the comments from Dept of State regarding projections.
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pani_6
12-16 11:06 AM
we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
more...
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glus
08-12 09:51 AM
I'm asking this question again. Can someone please respond?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
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vjkypally
03-17 08:04 PM
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
more...
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lonedesi
08-06 10:51 AM
I checked with IV core and few attorneys regarding this issue. You will need the consent of the employer since we are dealing with I-140 petition. Please speak to your HR and try convincing them to support you. We are not asking USCIS to expedite our cases. All we are asking is follow the FIFO and process cases in an orderly manner.
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Alien
03-12 10:31 PM
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
more...
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indianindian2006
06-10 11:23 AM
snhn
what is a DWI?thanks.
Driving While Intoxicated
what is a DWI?thanks.
Driving While Intoxicated
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rajuseattle
03-07 02:08 AM
Usually shusterman.com is very reliable source for the immigration related news, but i still cant believe that Shusterman received call from Hillary Cinton (Secretory of State). Shusterman is the ex-USCIS (legacy INS) attorney, but that doesnt mean he knows Hillary Clinton personally...unless he is her campaign chair or so in California while she was running against Obama in the Democratic primary race for the US president.
So either this is his plot to garner more subscribers for his website or some kind of news thro' AILA ,but he mentions it as a news from Hillary.
If this information stands true then EB3-I will be U for rest of the year.
It looks like majority of skilled indians who were in the US around April 2001 end up using the 245(i) provision and use the Bush amnesty. Else their is no other logic that the dates are not moving further to OCt 2001 for EB3-India.
Another reason could be the flood of H1Bs during the period of 2001 to 2004, labor substitution practices allowed until the July 2007.
Most of those labors came out of backlong centre prior to July 2007 and folks were able to file their I-140 and I-485 concurrent during July 2007 visagate.
Labor certification was pending 4 years in BeC and now who knows how many more years in the PD retrogression. Due to current economic conditions, dont see any ray of hope to change the plight of EB-3 india.
Obama gave some hopes during his campaign, but looks like politicians surrounding him will not let him do anything good for legal immigrants. I hope he take some positive action on the comments we made on his website when he seek public opinion/ideas on how to deal with the broken legal immigration system
So either this is his plot to garner more subscribers for his website or some kind of news thro' AILA ,but he mentions it as a news from Hillary.
If this information stands true then EB3-I will be U for rest of the year.
It looks like majority of skilled indians who were in the US around April 2001 end up using the 245(i) provision and use the Bush amnesty. Else their is no other logic that the dates are not moving further to OCt 2001 for EB3-India.
Another reason could be the flood of H1Bs during the period of 2001 to 2004, labor substitution practices allowed until the July 2007.
Most of those labors came out of backlong centre prior to July 2007 and folks were able to file their I-140 and I-485 concurrent during July 2007 visagate.
Labor certification was pending 4 years in BeC and now who knows how many more years in the PD retrogression. Due to current economic conditions, dont see any ray of hope to change the plight of EB-3 india.
Obama gave some hopes during his campaign, but looks like politicians surrounding him will not let him do anything good for legal immigrants. I hope he take some positive action on the comments we made on his website when he seek public opinion/ideas on how to deal with the broken legal immigration system
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learning01
04-26 12:18 PM
I believe, that was the bone of contention when LK Advani visited USA in 2003 ( I think I read it in Times of India) when India sought the return of SS Tax and Medicare Tax collected from H1B holders who returned to India. I believe it amounts to USD 700 million to USD 1 billion.
US linked the discussion SS tax return to Indian Police and Military participation in peace keeping in Iraq after US war on terror in Iraq. US insisted that they will return the money to a similar SS system, if India institutes one. US could not win support from world nations (and India) because of this use of (I don't know the term), call it 'link it to something that cannot be done'. You know what I mean.
Many such policies need to be straightened out. It is a simple fact and nothing complicated about it. Don't collect SS tax and Medicare if the temporary worker is from a country to which US cannot repatriate the money, for whatever reason.
We all can visualize what difference the return of that 'sweat money' would have meant to the effort on the war on terror. Pure success.
When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.
The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.
OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.
I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.
That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!
US linked the discussion SS tax return to Indian Police and Military participation in peace keeping in Iraq after US war on terror in Iraq. US insisted that they will return the money to a similar SS system, if India institutes one. US could not win support from world nations (and India) because of this use of (I don't know the term), call it 'link it to something that cannot be done'. You know what I mean.
Many such policies need to be straightened out. It is a simple fact and nothing complicated about it. Don't collect SS tax and Medicare if the temporary worker is from a country to which US cannot repatriate the money, for whatever reason.
We all can visualize what difference the return of that 'sweat money' would have meant to the effort on the war on terror. Pure success.
When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.
The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.
OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.
I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.
That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!
bsbawa10
02-07 02:52 PM
First of all I am really sorry for all this happening to you. Unfortunately, this is happening more and more since the anti-dowry laws have been made which are so ridiculous. Females get the credit of being innocence from our society even if they are not. All they need to do is be 1. somewhat beautiful, 2. sob in society and 3. be young and everybody on the earth thinks that they are "poor , innocent girl" ..even if they are perfect culprits.
ronhira
07-06 02:06 AM
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
and hence a jesus is born. but let me ask you this - if nothing will come out of lobbying effort, then why is every tom dick and harry spending more and more money on lobbying. if lobbying won't work, what should we do.
wwbd - what would bawa do?
and hence a jesus is born. but let me ask you this - if nothing will come out of lobbying effort, then why is every tom dick and harry spending more and more money on lobbying. if lobbying won't work, what should we do.
wwbd - what would bawa do?
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