GooblyWoobly
09-12 09:57 PM
welcome to the world of retrogression. it is only going to get worse from here on out.
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!
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chanduv23
07-09 11:40 AM
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
That is right. I am in same boat. My previous employer says - "if you want to come back to the company, we can start the GC process new and fresh for you, but if you are not on our payroll, we will have to withdraw the 140 because we do not want to get into ability to pay issue"
My only concern is AC21 letters not getting into your file and USCIS issuing a NOID or a denial.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
That is right. I am in same boat. My previous employer says - "if you want to come back to the company, we can start the GC process new and fresh for you, but if you are not on our payroll, we will have to withdraw the 140 because we do not want to get into ability to pay issue"
My only concern is AC21 letters not getting into your file and USCIS issuing a NOID or a denial.
natrajs
08-25 11:36 AM
Hi all,
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
Take all the options available to you ( congressman, ombudsman, senator, calling USCIS and infopass appointment)
You may also ask your attorney to send a letter USCIS through AILA - liason office.
Best wishes, I hope you get your GC this time.
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
Take all the options available to you ( congressman, ombudsman, senator, calling USCIS and infopass appointment)
You may also ask your attorney to send a letter USCIS through AILA - liason office.
Best wishes, I hope you get your GC this time.
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Devils_Advocate
07-29 03:33 PM
LOL why is this ancient thread back up and WHY is it in red fonts??
and WHY did Rip Van Winkle decide to post after 2 years??
The trauma of getting a GC is getting to folks, i think IV should have a free psychiatric counselor section along with the free lawyers as well;)
and WHY did Rip Van Winkle decide to post after 2 years??
The trauma of getting a GC is getting to folks, i think IV should have a free psychiatric counselor section along with the free lawyers as well;)
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Hassan11
02-09 08:31 AM
I filed an apeal for my first PERM too and preparing to file another one (through another company - you can't file another PERM via the same company while your first PERM is in appeal). Your's is there for longer than mine. I heard 4 to 6 months would be the time. Please let us know when and how yours is resolved.
Styrum: Why did you file an appeal on your first perm and why are you planning to file another appeal? Maybe I am not understanding something here. was your first LC denied? (on what ground?) why your second LC denied?? Please explain. it seems that we are on the same boat but my appeal have been there longer (now over 6 months)
does anybody here has any idea how long the appeal on the LC decision takes?? any information will be greatly appreciated.
Styrum: Why did you file an appeal on your first perm and why are you planning to file another appeal? Maybe I am not understanding something here. was your first LC denied? (on what ground?) why your second LC denied?? Please explain. it seems that we are on the same boat but my appeal have been there longer (now over 6 months)
does anybody here has any idea how long the appeal on the LC decision takes?? any information will be greatly appreciated.
shimul99
10-23 09:11 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
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sanjay
07-06 11:11 AM
Even my papers were filed on 2nd july before revision of VB. My questions:
Since VB is revised, my application would be rejected and sent back to Attorney's office. But when? How much time does it take USICS to send these application back?
What if it goes beyond October bulletin? If by chance (which I doubt), my dates become current then how would I be able to file my papers again, since medical reports are still with USICS, they had not returned it yet?
Any ideas?
Since VB is revised, my application would be rejected and sent back to Attorney's office. But when? How much time does it take USICS to send these application back?
What if it goes beyond October bulletin? If by chance (which I doubt), my dates become current then how would I be able to file my papers again, since medical reports are still with USICS, they had not returned it yet?
Any ideas?
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mrsahaayam
03-15 09:50 PM
Thank you for all quick replies.
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
more...
Madhuri
07-02 02:15 PM
If this is true, it is really scary for people who are solely on EAD and no longer hold H1 status.
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
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xyzgc
10-16 03:45 PM
Who the hell r U kidding? By calling urself "BharatPremi" u r making a BIG fool of urself. If u r really a patriotic Indian why the hell did u apply for ur GC? Just work for those 6 H1B yrs and get the hell out of this country. Dont make a fool of urself and others by saying things like "at this moment" hez a citizen of another country blah blah blah...I know a few friends who just love India and would wanna go back after earning dollars for those 6 yrs H1B lets u work for. I appreciate such ppl...not ppl like u who try to "show off" that they r citizens of another country by shouting slogans and at the same time apply for permanent residencies with other countries...SHAME ON U PPL! U r a disgrace not only to US but to India and to the whole world as well.
and who the HELL r u kidding Mr Terrorist Sympathizer?
and who the HELL r u kidding Mr Terrorist Sympathizer?
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oliTwist
04-13 09:16 PM
lets see how this trend goes...
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ufo2002
09-15 12:59 PM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
more...
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h1b_forever
04-15 12:40 PM
Many in this community have endured and suffered at the hands of rogue employers at one time or the other.
It is time we came together and shut them down. It is better for the community and the world in general.
It is time we came together and shut them down. It is better for the community and the world in general.
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gg_ny
04-25 09:07 PM
on the contrary, the point based system completely eliminates the need of a lawyer, with the canadian and australian system u just need to do the work urself online and the balls starts rolling then, it'll be interesting how they react to this
Maybe for the educated few (in the crowd of thousands with different eligibilities). And imagine a few millions with no or dubious papers getting on the line in next few years. Just because one can apply for PR with Canada and Australia easily, it cannot be assumed that the process would be similar for US. I do not know about Australia, but comparted to Canada, I am pretty sure there would be more people wanting to come to US and the restrictions are going to be more. Three things are inescapable here for anything to do with the feds: tax, lawyers and lawyers. Any immigration reform in which the lion's share does not go to the lawyers will not reach even the banks of Potomac.
Maybe for the educated few (in the crowd of thousands with different eligibilities). And imagine a few millions with no or dubious papers getting on the line in next few years. Just because one can apply for PR with Canada and Australia easily, it cannot be assumed that the process would be similar for US. I do not know about Australia, but comparted to Canada, I am pretty sure there would be more people wanting to come to US and the restrictions are going to be more. Three things are inescapable here for anything to do with the feds: tax, lawyers and lawyers. Any immigration reform in which the lion's share does not go to the lawyers will not reach even the banks of Potomac.
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lazycis
06-12 11:50 AM
I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.
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bindas74
03-17 10:39 PM
You all are right that we should not divide ourselves on EB2 and EB3 basis. But it is true that there is no hope for EB3 unless the point is raised for it in IV drive. EB3 is a hopeless case. People are so frustated since they are unable to decide about their future. Let's do something for it too.
I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....
I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....
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eb2dec2005
09-22 02:13 PM
My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
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va_dude
02-23 09:21 AM
The way i see it, they've asked for past emp letter with tax forms and some w2s.
None of those would indicate that you were on the bench.
The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.
None of those would indicate that you were on the bench.
The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.
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GC_Optimist
08-31 08:13 AM
Is it possible to get Drivers license extended based on 485 receipts and EAD card. ?
kshitijnt
05-14 07:06 PM
What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
lazycis
12-06 07:55 PM
Has anybody filed lawsuit against uscis for EAD delays till now ? And what is the process for this, do we need a lawyer ?
You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
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