mariner5555
12-16 06:21 AM
you need to look at the money that you must have earned/saved and then be happy about it. also the system sucks but they made it that way for a purpose. US doesnot want a flood of immigrants and hence these quotas. ofcourse because of the strict system they had to face a bigger problem i.e. illegal immigration. In the end you need to realise that the only country which has open arms for you is your home country.
my friend correctly told me ..if uscis tells me that I have to go back ..I will pack in a day and go back. we know english and have computer skills, we will get a job anywhere in the world.
also focus on the positives ..for eg I am happy that because of these delays I didnt run and buy a house in usa (which is one of the worst investments that a person can make).
my friend correctly told me ..if uscis tells me that I have to go back ..I will pack in a day and go back. we know english and have computer skills, we will get a job anywhere in the world.
also focus on the positives ..for eg I am happy that because of these delays I didnt run and buy a house in usa (which is one of the worst investments that a person can make).
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WeShallOvercome
10-08 03:09 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
pyaradesi
07-20 10:34 PM
I have my reasons to stay here which you will never understand.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
2011 Tom Felton and Jade Olivia
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
more...
cal97
11-07 05:54 PM
I took an infopass appointment today. The IO sent an e-mail to NSC after taking details like DOB, address etc. for me and my wife.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
GCmuddu_H1BVaddu
08-29 08:42 PM
so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
I am talking to you l
I am talking to you l
more...
JunRN
08-31 05:30 PM
One more week for me....I'm a July 31st filer...
2010 Baddie Tom Felton (Draco
Sachin_Stock
09-24 05:36 PM
cat got your tongue ?
Its an absurd analogy. If I stress it too much and try to derive some sense out of it, my bar on GMAT prep would actually go down south!
Its an absurd analogy. If I stress it too much and try to derive some sense out of it, my bar on GMAT prep would actually go down south!
more...
yetanotherguyinline
07-11 11:23 AM
Is this rally still on? On 14th? Then please update the first post on this thread which still says July 7th - it is confusing.
Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.
This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.
I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.
Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.
This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.
I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.
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gc_peshwa
11-17 03:37 PM
Done. For me all california legislators are heavily PRO-immigration. Its like convincing the "convinced"! Is there anything else you want us to do right now?
more...
obviously
07-09 05:06 PM
Please re-use... there are over 8 flyers READY TO USE in .pdf format !!!!
http://immigrationvoice.org/forum/showthread.php?t=3361
Good luck!
http://immigrationvoice.org/forum/showthread.php?t=3361
Good luck!
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sss9i
08-25 02:56 PM
Bump Up
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sankap
07-10 01:07 PM
Thanks for quoting that. Now, how do you define what's legitimate? Meaning, why can't you show that your self-employment is "legitimate?"
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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pathmaker
11-21 09:23 AM
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
more...
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CADude
08-06 06:42 PM
Working with approx 500+ applications with best possible way and answering your calls. What else you are expecting? :D :D
I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.
I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.
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ilikekilo
03-06 10:52 PM
And worst is the lottery...
If you did send a FOIA request and you got a reponse from USCIS please fax/email that letter to PAPPU..thanks mirage..
If you did send a FOIA request and you got a reponse from USCIS please fax/email that letter to PAPPU..thanks mirage..
more...
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rick_rajvanshi
07-22 01:19 AM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
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eyeswe
05-01 10:38 AM
Thanks for bringing this up. In the byzantine world of USCIS regs this probably got lost somewhere?
But i agree with the post above .. we are really stuck between a rock anda hard place on this issue..If we ask them to move all spouse visa numbers to Family , which is how it should be based on the legislations you are quoting, then our partners will have to wait for more number of years than EB categories. It does not matter that EB3 is now U. my feeling is in the long run EB is a better category than FB....
Also it could present more issue for all those aged out folks who are at least in EB where the gravy train seems to be inching unlike the FB train... And we don't even need to scenario plan the FB if all our spouse appln goes in to taht bucket.. But there is an advantage.. the primary applicant could get their GC cards faster (I am assuming) and this probably may be truer (if there is anything like that) for India and China, where usually the EB applicantion includes spouse/child visa reequest as well..
Very hard to choose.. Also what happens if the primary applicant gets the GC, but the spouse cannot.. On waht visa he/she will continue? May be that is the reason why they assumed all spouse visa application as EB?
But i agree with the post above .. we are really stuck between a rock anda hard place on this issue..If we ask them to move all spouse visa numbers to Family , which is how it should be based on the legislations you are quoting, then our partners will have to wait for more number of years than EB categories. It does not matter that EB3 is now U. my feeling is in the long run EB is a better category than FB....
Also it could present more issue for all those aged out folks who are at least in EB where the gravy train seems to be inching unlike the FB train... And we don't even need to scenario plan the FB if all our spouse appln goes in to taht bucket.. But there is an advantage.. the primary applicant could get their GC cards faster (I am assuming) and this probably may be truer (if there is anything like that) for India and China, where usually the EB applicantion includes spouse/child visa reequest as well..
Very hard to choose.. Also what happens if the primary applicant gets the GC, but the spouse cannot.. On waht visa he/she will continue? May be that is the reason why they assumed all spouse visa application as EB?
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chakri_28
08-13 03:35 PM
I got all my receipt numbers from the cashed checks. Checks cashed on August 9th.
Filed applications at NSC.
Received @ NSC on July 2nd.
Filed applications at NSC.
Received @ NSC on July 2nd.
saimrathi
07-10 02:42 PM
I wish there was a link to the coverage..
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
sayonara
08-30 04:38 PM
Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.
Congrats - Did u file on July 2nd?
Congrats - Did u file on July 2nd?
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