grinch
02-13 11:13 AM
Uh no,
this is what the rules are, sorry man.
this is what the rules are, sorry man.
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ImmiLosers
11-22 12:26 AM
I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!
solaris27
07-12 08:33 AM
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
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InTheMoment
05-26 07:13 PM
Actually entire state of NH is within 100 miles of Canada and the coast.
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
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desi485
03-15 11:11 PM
I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.
You are a frustrated fool.
I have a friend who despite eligible for eb2, his employer filed in eb3 without his knowledge. He only came to know about this after 3 years after his labor got approved and got I-140 approved. The employer didn't provide him any papers for labor cert but somehow he got hold of his I-140 notice approval. He changed his job now and filed eb2 with new employer. I see no reason why he should not do interfile.
You are frustrated because of retrogression. Why don't you curse others, not those little less fortunate, from so called retrogressed countries? I have seen people in my organization coming from ROW countries and getting complete GC in less than 15 months. You should really get frustrated with country quota, not with your fellow sufferers.
think before you act like a fool. Say honestly that you never tried any legally available shortcut in your life.
You are a frustrated fool.
I have a friend who despite eligible for eb2, his employer filed in eb3 without his knowledge. He only came to know about this after 3 years after his labor got approved and got I-140 approved. The employer didn't provide him any papers for labor cert but somehow he got hold of his I-140 notice approval. He changed his job now and filed eb2 with new employer. I see no reason why he should not do interfile.
You are frustrated because of retrogression. Why don't you curse others, not those little less fortunate, from so called retrogressed countries? I have seen people in my organization coming from ROW countries and getting complete GC in less than 15 months. You should really get frustrated with country quota, not with your fellow sufferers.
think before you act like a fool. Say honestly that you never tried any legally available shortcut in your life.
srkamath
07-20 01:32 PM
........ If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.....
Might this because, more people than normal reported their numbers on during this period? Most of these folks were surprised by EB2 retrogression...just a thought.
However, i must say that your point sounds plausible.
Might this because, more people than normal reported their numbers on during this period? Most of these folks were surprised by EB2 retrogression...just a thought.
However, i must say that your point sounds plausible.
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vandanaverdia
09-10 03:16 PM
You have to think twice before you travel out of the country. You cannot travel out of the country freely because you are stuck at some or the other stage of the green card process.
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mpelland
03-02 04:00 PM
i am going to have to sadly bow out of this . got a lil done but don't have the time. have fun everyone
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JalwaeJana
11-12 02:12 PM
Guys
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
So are we having a conference call or have we decided that we should individually write letter that has already been drafted.
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Winner
04-07 10:45 AM
it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
more...
amsgc
07-13 11:25 PM
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
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rajuram
11-11 09:31 AM
It does not hurt to start planning now and get some bill moving as soon as he gets into office. May be if something can get attached to the 2nd stimulus package.
REMEMBER WE SHOULD MARKET HOW IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES. IT IS ALL ABOUT MARKETING.
I'd like to point out that Obama is the President-elect. He doesn't become the president until Jan 20 when he takes the oath. Right now the situation is exactly like it was before the election.
REMEMBER WE SHOULD MARKET HOW IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES. IT IS ALL ABOUT MARKETING.
I'd like to point out that Obama is the President-elect. He doesn't become the president until Jan 20 when he takes the oath. Right now the situation is exactly like it was before the election.
more...
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sheela
10-18 06:54 PM
Well,
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
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RNGC
09-19 04:36 PM
Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.
I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....
but I am just curious to know why there was very little TV coverage for this event.....
I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....
but I am just curious to know why there was very little TV coverage for this event.....
more...
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angelina
09-26 12:44 PM
This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B
Yes they can subtly change things and then say that it was just a mistake.
Dirty politics
Yes they can subtly change things and then say that it was just a mistake.
Dirty politics
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singhsa3
03-03 05:09 PM
Folks,
Please help me in refining the message: I plan to send to some major media.
*****************************
Dear Sir/Madam,
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660
Yours truly,
Please help me in refining the message: I plan to send to some major media.
*****************************
Dear Sir/Madam,
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660
Yours truly,
more...
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485Mbe4001
07-11 03:35 PM
thanks. now wonder EB3 -I is screwed. I just need to apply in EB2.
Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.
Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.
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bigboy007
06-11 11:12 AM
no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.
Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.
Folks, Please do not get extra alarmed ont his stupid proposal.
Its better to be prepared rather ignore it. I understand what you are saying but it doesnt hurt to oppose.. if one doesnt oppose you never know.
Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.
Folks, Please do not get extra alarmed ont his stupid proposal.
Its better to be prepared rather ignore it. I understand what you are saying but it doesnt hurt to oppose.. if one doesnt oppose you never know.
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mallu
02-15 02:08 PM
Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Project_A
07-19 07:37 PM
I submitted latest I-94 copy only; I do not have copies of all of my previous I-94's. Is it OK as long as we submitted copies of prior visa approvals?.
Thanks
Project_A
Thanks
Project_A
waitingGC
01-16 06:21 PM
I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.
Until now, it was pending approval. Now Immigration Voice is a non-profit for sure and this means that we do not pay taxes on the income. This also means that no volunteers can get paid compensations for the work done.
Immigration Voice will file the tax return as a non-profit and hopefully, that will remove doubts from some members/visitors that all the money is spent only on advocacy(lobbying) and website maintenance and no one is personally profiting from this effort.
This is a big relief for us and now its time to file taxes.
I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.
Until now, it was pending approval. Now Immigration Voice is a non-profit for sure and this means that we do not pay taxes on the income. This also means that no volunteers can get paid compensations for the work done.
Immigration Voice will file the tax return as a non-profit and hopefully, that will remove doubts from some members/visitors that all the money is spent only on advocacy(lobbying) and website maintenance and no one is personally profiting from this effort.
This is a big relief for us and now its time to file taxes.
I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.