franklin
09-19 11:26 PM
I am at the final stage,
my attorny just sent back my DS-230, and just got wait for the dates to br current.
so i can get the last bit at the embassy sorted, and yes i am doing CP, its my only option. and yes i do have all the rellevant experice and qualifications, i never would have got my i140 other wise.
it carnt stay at AUG 02 for ever. it will move, just got to see what happens.
Whether or not you have passed LC and 140 makes no difference on the wait time. I still say about 4 more years unless there is a change in the law. Sorry, I'm rather unfamiliar with the CP side of applications.
And Sunny1000 - no, you haven't missed anything
my attorny just sent back my DS-230, and just got wait for the dates to br current.
so i can get the last bit at the embassy sorted, and yes i am doing CP, its my only option. and yes i do have all the rellevant experice and qualifications, i never would have got my i140 other wise.
it carnt stay at AUG 02 for ever. it will move, just got to see what happens.
Whether or not you have passed LC and 140 makes no difference on the wait time. I still say about 4 more years unless there is a change in the law. Sorry, I'm rather unfamiliar with the CP side of applications.
And Sunny1000 - no, you haven't missed anything
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spicy_guy
05-20 05:39 PM
Pappu,
Looking at the poor response, I am wondering if we should post it on other immigration forums to gain further momentum?
I strongly suggest this. Posting this on other forums would help a lot.
Looking at the poor response, I am wondering if we should post it on other immigration forums to gain further momentum?
I strongly suggest this. Posting this on other forums would help a lot.
thomachan72
05-31 04:50 PM
These amends that are imp to us were introduced on a day (last day before mem day recess) when senate was not planning to debate / vote on any amends to the CIR. That is why these were asked to lie on table.
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Macaca
09-15 08:38 AM
The mind is a
dangerous weapon,
even to the possessor,
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how to use it
Michel de Montaigne
dangerous weapon,
even to the possessor,
if he knows not discreetly
how to use it
Michel de Montaigne
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ArunAntonio
02-13 02:45 PM
Folks,
Please Ignore people who are obviously here to create confusion and to discourage and bring down the general morale. It causes a drain on the energy of the *Volunteer* Core Members. We should never lose sight of the fact that this is the one and only Forum that has our goals as the Priority and it is the *Volunteer* Core Members who have taken the initiative to try to get something done. The very fact that we have this Forum and that we have a coordinated effort to try to get some thing done to address our issue is worth the money that I have contributed and will continue to contribute.
What will I do with a few extra 100's when I have no security?
Folks please understand and support the effort. Be Positive and keep the energy effort and drive UP.
Please Ignore people who are obviously here to create confusion and to discourage and bring down the general morale. It causes a drain on the energy of the *Volunteer* Core Members. We should never lose sight of the fact that this is the one and only Forum that has our goals as the Priority and it is the *Volunteer* Core Members who have taken the initiative to try to get something done. The very fact that we have this Forum and that we have a coordinated effort to try to get some thing done to address our issue is worth the money that I have contributed and will continue to contribute.
What will I do with a few extra 100's when I have no security?
Folks please understand and support the effort. Be Positive and keep the energy effort and drive UP.
alias
11-10 04:50 PM
Are we/employees really supposed to know all the steps involved in the approval of GC process (Perm, 140/EAD/485 etc.)?
I work for one of the fortune 100 companies, to my surprise, none of my European colleagues is aware of all the GC process. All they do is just provide documents what ever the HR department asks for. They don’t pay from their pocket for GC (ideally correct). None of them has clue about priority date etc….they get communicated by the HR department about their GC process.
So putting your case in perspective. I am assuming that the HR department would just hand over the GC to the employee. Neither the HR (I think) nor the employee (definitely) would worry about the PD being current.
Ideally if a law firm is point of contact for a petition, what would they do? Would they go back to USCIS and tell them that the GC is approved by mistake? I don’t think so but some one can confirm if they had experience otherwise.
I agree we are not suppose to know the details and that's exactly why we have attorneys. HR follows intructions from their attorneys on immigration matters. I work for one of the BIG three in Detroit. I had no clue about PD related laws and stuff; it's my attorney who pointed it out to my HR and my HR came to me and said you need to talk to so and so (attorney), you have a special case....
I work for one of the fortune 100 companies, to my surprise, none of my European colleagues is aware of all the GC process. All they do is just provide documents what ever the HR department asks for. They don’t pay from their pocket for GC (ideally correct). None of them has clue about priority date etc….they get communicated by the HR department about their GC process.
So putting your case in perspective. I am assuming that the HR department would just hand over the GC to the employee. Neither the HR (I think) nor the employee (definitely) would worry about the PD being current.
Ideally if a law firm is point of contact for a petition, what would they do? Would they go back to USCIS and tell them that the GC is approved by mistake? I don’t think so but some one can confirm if they had experience otherwise.
I agree we are not suppose to know the details and that's exactly why we have attorneys. HR follows intructions from their attorneys on immigration matters. I work for one of the BIG three in Detroit. I had no clue about PD related laws and stuff; it's my attorney who pointed it out to my HR and my HR came to me and said you need to talk to so and so (attorney), you have a special case....
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waitingGC
02-11 05:12 PM
This is really a very disappointing news. However, now we all know clearly that our issues are closely related to illegal alliens. We are on the same boat as that of illegals. CIR will probably take forever to happen. Maybe 2 to 3 years if we are lucky. My PD is just 3 months away (China EB2). I guess my PD will become current within 2 to 3 years even without immigration reform. I would not put my hope on this immigration reform now. I will just plan to wait for 2 to 3 years. It's kind of a relief for me.
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Dhundhun
06-27 05:29 PM
But the way TSC is going they might be able to approve it with his/her photo from last year :)
They go by photo not older than 30 day. Probably if they don't follow their rule ...
It would be a breach of security related matter.
They go by photo not older than 30 day. Probably if they don't follow their rule ...
It would be a breach of security related matter.
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Totoro
05-03 05:07 PM
Hi Totoro,
please be so kind and explain me what exactly shall I say to the SSN Office about why I apply for SSN non-work. If they ask me to proof that I need a SSN to get Economic Stimulus Payment, what shell I do??
How is posible to get a SSN non-work to get Economic Stimulus Payment if you didn't work. How can you make tax return without to work. ?? Sorry for all this question but I really don't understand. But i'm shure that you will be very nice and you will explain me how it's work.
Thank you,
lelica
As long as you qualify for the stimulus payment, you can get a non-work SSN. You qualify as long as you are in the income levels specified, were a resident of the US in 2007 (substantial presence), and were in the US legally (have a valid visa). If you did not file a tax return, then you cannot apply for the SSN.
As far as the Social Security Act is concerned, the law states that they MUST give you a SSN if you qualify for any federally funded benefit. The question is: Is the Economic Stimulus Payment a federal funded benefit. The information in my original post makes a very strong case that it is.
Please post your experiences here, even if you are denied. Remember, the folks in the local SSA offices are bureaucrats, not lawyers, or judges, so don't expect much cooperation. However, if they deny you application, simply write them a short letter saying that you disagree and that you are requesting a "reconsideration."
please be so kind and explain me what exactly shall I say to the SSN Office about why I apply for SSN non-work. If they ask me to proof that I need a SSN to get Economic Stimulus Payment, what shell I do??
How is posible to get a SSN non-work to get Economic Stimulus Payment if you didn't work. How can you make tax return without to work. ?? Sorry for all this question but I really don't understand. But i'm shure that you will be very nice and you will explain me how it's work.
Thank you,
lelica
As long as you qualify for the stimulus payment, you can get a non-work SSN. You qualify as long as you are in the income levels specified, were a resident of the US in 2007 (substantial presence), and were in the US legally (have a valid visa). If you did not file a tax return, then you cannot apply for the SSN.
As far as the Social Security Act is concerned, the law states that they MUST give you a SSN if you qualify for any federally funded benefit. The question is: Is the Economic Stimulus Payment a federal funded benefit. The information in my original post makes a very strong case that it is.
Please post your experiences here, even if you are denied. Remember, the folks in the local SSA offices are bureaucrats, not lawyers, or judges, so don't expect much cooperation. However, if they deny you application, simply write them a short letter saying that you disagree and that you are requesting a "reconsideration."
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Jaime
07-07 11:15 PM
I think you will have some benefit out of this bill, albeit, indirectly. This Bill will exempt a lot of folks with advanced degrees from US and non-US universities. All advanced degree holders from US univs. (STEM and non-STEM) will be exempt. So, a person with an MBA flus a 4 year bachelors from a US univ. will be exempt. Also, folks with non-US STEM advanced degrees who have been working in the US in a related field for 3 or more years will be exempt as well. The family members of such folks are exempt as well. Consequently a lot of folks currently waiting in the pipeline may no longer be counted against the quota, thus reducing the clog in the pipeline. ANother benefit out of this bill is that it increases the quota from 140K to 290K. There fore, you will definitely see some positive movement in priority dates for people in your and other similar situations (this is the indirect benefit I was referring to). It is very hard to say at this point how much the positive movement would me. It will all depend on how many people will be exempt from the quota.
Just to clarify. You say that "a person with an MBA plus a 4 year bachelors from a US univ. will be exempt" but you don't really need the 4 year bachelors from a US university. The MBA from a U.S. university is enough to be exempt, even if your bachelor degree is from outside the U.S.
Just to clarify. You say that "a person with an MBA plus a 4 year bachelors from a US univ. will be exempt" but you don't really need the 4 year bachelors from a US university. The MBA from a U.S. university is enough to be exempt, even if your bachelor degree is from outside the U.S.
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ram04
09-24 11:13 PM
yes I 140 has been approved in Feb o7.
Let me wait for actual denial letter.
It seems that is the best option at this point for me.
- Thanks
Let me wait for actual denial letter.
It seems that is the best option at this point for me.
- Thanks
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qplearn
12-01 01:59 PM
If you get an MBA from Sloan or Wharton or Harvard or Berkeley, nothing like it. I know of few people who have not done very well after getting MBAs from these schools. If you want to continue writing comp. programs, then of course there is no need for it. But how many people want to do it forever?
But I agree with Tito to some extent. Especially, if the degree is from even a slightly lower ranked school like Arizona or Northwestern, the returns are not there, and there is a great deal of evidence in that direction.
Having actually studied this data (and being in the business of teaching) gives me some perspective.
But it's still just my 2 cents.
But I agree with Tito to some extent. Especially, if the degree is from even a slightly lower ranked school like Arizona or Northwestern, the returns are not there, and there is a great deal of evidence in that direction.
Having actually studied this data (and being in the business of teaching) gives me some perspective.
But it's still just my 2 cents.
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qvadis
03-20 08:33 PM
The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.
But it also doesn't say the opposite.
In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.
But it also doesn't say the opposite.
In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
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admin
03-17 03:51 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
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TomPlate
07-05 09:15 AM
I am going to file today.
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kar_thik
01-29 04:04 PM
The post which contains the link is not working. Appreciate if you can repost the link which you had sedn to President Obama. Also is there any further update? did you get any positive response.
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chantu
06-28 06:57 PM
If you e-file then you provide information for both. First I-485 EAD and then OPT card
If you do paper filing only I-485 EAD.
Depending on how you have applied, furnish information.
I have summarized my experiences, which is enriched by others in the following thread http://immigrationvoice.org/forum/showthread.php?t=18737. You may find some useful information.
Thanks Dhundun for your help!
If you do paper filing only I-485 EAD.
Depending on how you have applied, furnish information.
I have summarized my experiences, which is enriched by others in the following thread http://immigrationvoice.org/forum/showthread.php?t=18737. You may find some useful information.
Thanks Dhundun for your help!
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jayram123
07-18 04:50 PM
Is it not all about the bottomline?
Can any one of you as a single person make a difference? NO
Can WE as a group make a difference? YES and we have proved that.
Are WE focused as a group? Yes. In its entirety? No, and we will probably never be since we are a group.
This mess was not created by the guy with a PD of 2007 but by USCIS. So, you can hate USCIS all you want but what did the guy with PD2007 do. He just got lucky. He got lucky, plain and simple. Why should anybody feel bad about someone else's luck?
Come on guys, at least some of us are seeing the end of the light. Don't think I am PD 2007. My PD is Dec 2003. This is my fourth employer I am pursuing my GC with. I started working in 1997 and my first labor was filed in 1997. For various reasons I had to switch. I have seen all different cases. People who came in 2004 and got their GC by 2005. Is it fair? No, but it isn't the guy's fault. It is USCIS's and that's what we are trying to change. One issue at a time.
This was a can't miss opportunity caused by the USCIS foul-up. Nobody could miss out on pursuing this. Now that we are done with that, I am sure core will focus on other important issues like BEC victims etc.
Hope that helps. Peace!
Can any one of you as a single person make a difference? NO
Can WE as a group make a difference? YES and we have proved that.
Are WE focused as a group? Yes. In its entirety? No, and we will probably never be since we are a group.
This mess was not created by the guy with a PD of 2007 but by USCIS. So, you can hate USCIS all you want but what did the guy with PD2007 do. He just got lucky. He got lucky, plain and simple. Why should anybody feel bad about someone else's luck?
Come on guys, at least some of us are seeing the end of the light. Don't think I am PD 2007. My PD is Dec 2003. This is my fourth employer I am pursuing my GC with. I started working in 1997 and my first labor was filed in 1997. For various reasons I had to switch. I have seen all different cases. People who came in 2004 and got their GC by 2005. Is it fair? No, but it isn't the guy's fault. It is USCIS's and that's what we are trying to change. One issue at a time.
This was a can't miss opportunity caused by the USCIS foul-up. Nobody could miss out on pursuing this. Now that we are done with that, I am sure core will focus on other important issues like BEC victims etc.
Hope that helps. Peace!
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immique
03-21 11:49 PM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
javadeveloper
10-29 02:06 PM
Did anyone received AP even though they didn't write Name & A# on back of the photos?
:confused: Anyone??????
:confused: Anyone??????
NolaIndian32
02-22 07:12 PM
I am up to 281!
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