indyanguy
11-09 02:55 PM
NO point#1 is not true. in fact it is biggest misconception - I remember reading some where that if you have consumed all your 6 years on H1, your extension of H1B beyond 6 years is only based on pending AOS. So in this case, if your 485 is rejected, also your H1B. If you continue to work on H1B even after this, it is illegal.
(This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
(This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
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prashanthg
08-19 01:13 PM
Gurus,
Please tell us what these poll numbers mean.
How many eb3-I are pending? How many are going to get approved every year if there are no spill overs?
My priority date is Sep-2002. What time frame am I looking at here?
Please tell us what these poll numbers mean.
How many eb3-I are pending? How many are going to get approved every year if there are no spill overs?
My priority date is Sep-2002. What time frame am I looking at here?
pani_6
06-17 03:58 PM
Its cheap
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saileshdude
03-30 10:14 PM
More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status?
AILA should file a lawsuit regarding these denials. They expect people to follow all H/LCA/PERM and target employers/lawyers to send a message to other people but fail to follow their own laws themselves. A lawsuit causing hardship needs to be filed. I dont know why AILA has not taken any action against this practice.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status?
AILA should file a lawsuit regarding these denials. They expect people to follow all H/LCA/PERM and target employers/lawyers to send a message to other people but fail to follow their own laws themselves. A lawsuit causing hardship needs to be filed. I dont know why AILA has not taken any action against this practice.
more...
485Mbe4001
05-26 06:05 PM
IMO standalone bills like these have little chance of passing. This is just a placeholder so that its text can be used in the CIR. Such bills are used to gauge the public reaction and the senates direction on the issue. The bill needs a companion bill from the house which will be difficult considering the composition of the house. In the coming months you will see many immigration related bills being introduced. We can always hope and write a letter to the senators about this bill, it has a better chance if there are more co sponsors.
As prof Wadhwa mentioned the best option for us is to write to the lawmakers outlining our issue, education is the key. i write to my senators and congressman every 3-4 months (no email). You will always get a reply to your letter, sometimes the reply is not relevant to the issue you have mentioned:rolleyes: but every bit helps...I hope each member writes a letter, numbers generally make an impact.
As prof Wadhwa mentioned the best option for us is to write to the lawmakers outlining our issue, education is the key. i write to my senators and congressman every 3-4 months (no email). You will always get a reply to your letter, sometimes the reply is not relevant to the issue you have mentioned:rolleyes: but every bit helps...I hope each member writes a letter, numbers generally make an impact.
MetteBB
06-08 09:12 AM
well... since my entry is in there is really no need to wait till the 30th. It will surely win ;) :lol:
On a more serious note... there havent been alot of entries lately. Perhaps give ppl one more week and then end it?
/mette
On a more serious note... there havent been alot of entries lately. Perhaps give ppl one more week and then end it?
/mette
more...
r_ramji
03-14 02:22 PM
i seriously doubt if the folks out there in uscis analyse the way we do here in these forums. think for a minute... if they work so sincerely and intelligently, they wouldnt be working for 20$/hr. wish there were performance based payment schemes for these folks.
ofcourse if there is a software designed by us, its a different story ;)
ofcourse if there is a software designed by us, its a different story ;)
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trevor
01-14 02:39 PM
filed a WoM (writ of Mandamus) in New York..what a joke..FBI Name check delay for 5 years !!!!
Time to wake up FBI/USCIS
Time to wake up FBI/USCIS
more...
missourian
07-14 11:04 PM
Signed
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sanju
03-11 11:22 AM
Green.Tech,
I understand where you are coming from. And I am sorry that some of my recent posts were irresponsible.
Frankly, after mumbai attack I have been a different person. I come to this forum to learn and provide any information I can provide. But it bothers me to see few jerks like mirage who don't have any clue of how things work, and they just start posting on the forum "remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits" 30 times a day, as if that will be sufficient to remove country limits. And in more ways this uneducated style bothers me. I will try to ignore it and go my way.
I am right now going to speed dial that other side of me, good and informative side.
.
Sanju,
I am not condoning what 'mirage' said to you or any such irresponsible behavior on the forum BUT your complaints to the moderators would have carried more weight if you were behaving in a modest and civil way yourself. Of late, you leave no stone unturned to write flaming messages to piss off others on this forum. All this is super surprising to me because I remember you used to write really good and informative posts. It's like you suddenly lost it or that the other sanju was someone else!
Let's not all fight among ourselves. We have so many other better things to do!
Green.Tech
I understand where you are coming from. And I am sorry that some of my recent posts were irresponsible.
Frankly, after mumbai attack I have been a different person. I come to this forum to learn and provide any information I can provide. But it bothers me to see few jerks like mirage who don't have any clue of how things work, and they just start posting on the forum "remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits" 30 times a day, as if that will be sufficient to remove country limits. And in more ways this uneducated style bothers me. I will try to ignore it and go my way.
I am right now going to speed dial that other side of me, good and informative side.
.
Sanju,
I am not condoning what 'mirage' said to you or any such irresponsible behavior on the forum BUT your complaints to the moderators would have carried more weight if you were behaving in a modest and civil way yourself. Of late, you leave no stone unturned to write flaming messages to piss off others on this forum. All this is super surprising to me because I remember you used to write really good and informative posts. It's like you suddenly lost it or that the other sanju was someone else!
Let's not all fight among ourselves. We have so many other better things to do!
Green.Tech
more...
Googler
11-05 08:59 PM
You are right.. I got a call this Wednesday from the Presidents office of initiating an inquiry on my case and again a repeated call from them on Friday that FBI Name Check has been cleared. I forgot to mention this detail in my excitement.
Thanks,
Donald Bradman
Congratulations!
Do you mind sharing some details? It would be very helpful to know if they only helped because your case was extraordinary in some way.
How long have you been waiting for the namecheck to clear? What country are you from? What did you say about the adverse effects on your life?
Thanks,
Donald Bradman
Congratulations!
Do you mind sharing some details? It would be very helpful to know if they only helped because your case was extraordinary in some way.
How long have you been waiting for the namecheck to clear? What country are you from? What did you say about the adverse effects on your life?
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NKR
08-20 12:00 PM
If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)[/QUOTE]
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
more...
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willigetagc
08-19 02:04 PM
I understand your frustration. Believe me I have gone thru the same.
When I filed for my I-485 in 2000, the PD was current for me for 23 months in row when it got approved. Can you believe this? PD was current for whole 23 months while I-485 was pending.
One of my goals is to help my future legal immigrants. Being a US citizen gives me vote voice and power. I am open to suggestions. I would like to help my fellow legal immigrants.
I know, the wait time is long, but it is worth it every bit.
Good Luck to everyone.
Hmmm so you have been a victim of random processing too? The situation is a mess no doubt. But this random processing really hits where it hurts the most...
IF ONLY everyone who gets a GC approval or citizenship could work at the CIS for a year... a sort of community service.... All of the problems wrt the random processing will go away...
I am sure most people on this board can hit the ground running and don't require extensive training... unlike the present day IOs.
When I filed for my I-485 in 2000, the PD was current for me for 23 months in row when it got approved. Can you believe this? PD was current for whole 23 months while I-485 was pending.
One of my goals is to help my future legal immigrants. Being a US citizen gives me vote voice and power. I am open to suggestions. I would like to help my fellow legal immigrants.
I know, the wait time is long, but it is worth it every bit.
Good Luck to everyone.
Hmmm so you have been a victim of random processing too? The situation is a mess no doubt. But this random processing really hits where it hurts the most...
IF ONLY everyone who gets a GC approval or citizenship could work at the CIS for a year... a sort of community service.... All of the problems wrt the random processing will go away...
I am sure most people on this board can hit the ground running and don't require extensive training... unlike the present day IOs.
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Libra
01-30 05:08 PM
me too
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girijas
06-19 05:39 PM
I called the local senator's office (Maryland) and they couldn't give me a response. They claim that they don't have access to the information on a bill status if it is a federal bill. But if I call the representatives from California, the office asked me to call my local representative for information on bill status!
The only house bill with a Senate version is HR 6039 (26 co sponsors). However the corresponding senate version S.3084 only has 2 co sponsors.
The other two bills do not have a senate version
The only house bill with a Senate version is HR 6039 (26 co sponsors). However the corresponding senate version S.3084 only has 2 co sponsors.
The other two bills do not have a senate version
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immi_twinges
07-17 12:29 PM
As someone mentioned on the other popst..DREAM ACT is for the children of illegal immigrants...not for the legal ones...
Dream act is for illegals only.
We should not rest with the ability to apply for the EAD and AP. I bet you you will realize its no good in near future.May be your spouse can work. But it is very frustrating.
AOS is gray area... some thing must be done to fix this waiting time
Dream act is for illegals only.
We should not rest with the ability to apply for the EAD and AP. I bet you you will realize its no good in near future.May be your spouse can work. But it is very frustrating.
AOS is gray area... some thing must be done to fix this waiting time
more...
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NKR
03-13 02:51 PM
Folks,
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
You mirrored our feelings dude. You put it all together in a nice little poem. Good job.
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
You mirrored our feelings dude. You put it all together in a nice little poem. Good job.
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dallasmbs
07-18 10:07 AM
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 10.30 AM
Service Center: NSC
Rejected: Dont Know
Time Delivered To USCIS: 10.30 AM
Service Center: NSC
Rejected: Dont Know
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whiteStallion
07-02 06:26 PM
[quote=whiteStallion;259696]
Can't your friend sue his employer who
1] forced him to falsify his credentials,
2] made him spend money for H1,
3] reduced him to a stage where he has to now work in a grocery store?
Sorry for not making it clear enough...
This guy was not even eligible for a H1 in the first place as he did not know anything about IT... It was his decision to move to US and to lead an american life... so he cooks up a resume...claims to be a software engineer(with due help from his H1 filer consultant, I assume) and landed up here. He was in deep trouble when the Grocery shop closed down and he had to look out for another job... Last I know, he was taking QA training...
So its not a case of my friend being mistreated by his consultant but a case(I'm sure he is not unique within H1 community) where my friend, along with his Consultant took the whole H1B program for a ride....
So
1. He was not forced...he himself falsified it intentionally
2. He is not complaining...he is happy the way things has turned up for him...
3. What was he thinking when he came down here... Surely he cannot code a line in any language or do anything in IT ... He had to take up a non-IT job..
Can't your friend sue his employer who
1] forced him to falsify his credentials,
2] made him spend money for H1,
3] reduced him to a stage where he has to now work in a grocery store?
Sorry for not making it clear enough...
This guy was not even eligible for a H1 in the first place as he did not know anything about IT... It was his decision to move to US and to lead an american life... so he cooks up a resume...claims to be a software engineer(with due help from his H1 filer consultant, I assume) and landed up here. He was in deep trouble when the Grocery shop closed down and he had to look out for another job... Last I know, he was taking QA training...
So its not a case of my friend being mistreated by his consultant but a case(I'm sure he is not unique within H1 community) where my friend, along with his Consultant took the whole H1B program for a ride....
So
1. He was not forced...he himself falsified it intentionally
2. He is not complaining...he is happy the way things has turned up for him...
3. What was he thinking when he came down here... Surely he cannot code a line in any language or do anything in IT ... He had to take up a non-IT job..
richshi
10-18 11:05 PM
An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
This is different from the bill that was passed in Senate recently.
The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.
Unless you write, this bill is not going to pass - please do so immediately.
You can find out who your representative is and for instructions on how to contact him/her here:
http://www.house.gov/writerep/
Please post this message in all immigration groups you are member of.
PDF version: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t xt.pdf
HR 3828:
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.
(b) Elements of Plan- The plan shall include the following elements:
(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.
(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.
(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.
(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.
(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.
(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.
(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.
(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--
(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and
(2) the name check fee shall be fully refunded.
(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.
END
This is different from the bill that was passed in Senate recently.
The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.
Unless you write, this bill is not going to pass - please do so immediately.
You can find out who your representative is and for instructions on how to contact him/her here:
http://www.house.gov/writerep/
Please post this message in all immigration groups you are member of.
PDF version: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t xt.pdf
HR 3828:
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.
(b) Elements of Plan- The plan shall include the following elements:
(1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.
(2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.
(3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.
(4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.
(5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.
(6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.
(7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.
(c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--
(1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and
(2) the name check fee shall be fully refunded.
(d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.
END
anzerraja
07-19 07:06 PM
Thanks once again.
Will do
Will do
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