desi3933
11-03 01:15 PM
Questions for everyone to research and post the answers------
......
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
______________________
Not a legal advice.
US citizen of Indian origin
......
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
______________________
Not a legal advice.
US citizen of Indian origin
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satdal
11-26 09:13 PM
Our receipt date is 9/10. No FP notices yet. Got EADs and APs well in time.
I opened SR for myself on 10/11 and my wife on 10/16. Exactly after 45 days, today I got 2 letters from them. There is no logic in what I see in them. Here are they:
Response to my SR: Our review indicates that this case is actually within our processing time. We regret any misunderstanding.If you don't recv a decision or notice of other action within our current processing time, check our website or call cust service. All returned documents will be re-mailed.
xmo217.
Response to spouse's SR: The status of the service request is :
Biometrics must be taken at the ASC in your area. When an appt. becomes available you will be notified by mail when and where to report. Please allow 4 months to receive your appt for biometrics.
Finally the real twist ..... We had an infopass appt at Dallas center last week.The IO asked me the purpose of the visit and I had informed her about our cases. She looked at our cases and said that our files are not yet opened. I was confused and upon my request to explain in detail, she said our files were not assigned to anyone and are with TSC. She suggested me to call USCIS Natioanl Cust serv and ask them to send a request for the files to be opened. I have never come across/read such a scenario. I got further confused and was wondering how come we got EADs and APs when our files were not "opened". There was no clearcut answer for that. She advised me to call them and quote that we visited Infopass and they advised us to call USCIS asking our files to be opened. I am not sure if this works or not.
But the greatest relief came at the end of the appt ....both of us got cleared in the background check. I am assuming that background check and name check are one and the same. Friends,Correct me if I am wrong.She said as of Oct 18th, we were cleared.
Looking at all these things, I am not sure how the process is taking place !
I haven't called USCIS yet as I thought that I would wait till 45 days are over since I opened SRs for FPs. Now it's over and I just got the responses for the SRs today.
SATISH.
I opened SR for myself on 10/11 and my wife on 10/16. Exactly after 45 days, today I got 2 letters from them. There is no logic in what I see in them. Here are they:
Response to my SR: Our review indicates that this case is actually within our processing time. We regret any misunderstanding.If you don't recv a decision or notice of other action within our current processing time, check our website or call cust service. All returned documents will be re-mailed.
xmo217.
Response to spouse's SR: The status of the service request is :
Biometrics must be taken at the ASC in your area. When an appt. becomes available you will be notified by mail when and where to report. Please allow 4 months to receive your appt for biometrics.
Finally the real twist ..... We had an infopass appt at Dallas center last week.The IO asked me the purpose of the visit and I had informed her about our cases. She looked at our cases and said that our files are not yet opened. I was confused and upon my request to explain in detail, she said our files were not assigned to anyone and are with TSC. She suggested me to call USCIS Natioanl Cust serv and ask them to send a request for the files to be opened. I have never come across/read such a scenario. I got further confused and was wondering how come we got EADs and APs when our files were not "opened". There was no clearcut answer for that. She advised me to call them and quote that we visited Infopass and they advised us to call USCIS asking our files to be opened. I am not sure if this works or not.
But the greatest relief came at the end of the appt ....both of us got cleared in the background check. I am assuming that background check and name check are one and the same. Friends,Correct me if I am wrong.She said as of Oct 18th, we were cleared.
Looking at all these things, I am not sure how the process is taking place !
I haven't called USCIS yet as I thought that I would wait till 45 days are over since I opened SRs for FPs. Now it's over and I just got the responses for the SRs today.
SATISH.
shivapb80
06-05 11:25 AM
in fact i think this memo is very favourable.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
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poreddyp
07-24 03:45 PM
EAD filed on June 30.
Received receipt on 7/2
Waiting for FP notice.
Received receipt on 7/2
Waiting for FP notice.
more...
gc_chahiye
08-31 04:41 PM
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
ItIsNotFunny
07-17 10:31 AM
Date moved from October 03, 2006 to October 06, 2006.. :-(
I am more concerned about I-765 EAD dates for NSC. Did it move? June 18 bulletin it shows as March 26, 2007.
I am more concerned about I-765 EAD dates for NSC. Did it move? June 18 bulletin it shows as March 26, 2007.
more...
singhsa3
12-28 10:41 AM
I am but with an approved I-140
See http://immigrationvoice.org/forum/showthread.php?t=16245&highlight=independence
See http://immigrationvoice.org/forum/showthread.php?t=16245&highlight=independence
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saggi13
02-18 10:03 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
more...
Macaca
09-21 11:47 AM
Don't judge each day by
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
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kc_p21
02-25 06:15 PM
I did see LUD on 2/24/09 for my I485 application. But there is no activity on my wife's application even though they had received it on the same day.
more...
dineshksharma
07-14 03:50 PM
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
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vin13
06-24 05:12 PM
In the 2006 CIR was passed by Senate and it failed in Congress.
The strategy was adding poison pill. They deliberately added so many poison pill that
even EB folks were opposing the bill.
I respect your opinion. CIR failed in 2006. But if Democrats do bring the CIR up again and it fails again, it doesnot look good upon them either. So the hope is that they will check the feasibility of passing. And, we(EB folks) may have a chance to piggy back with the Undocumented and latino lobby.
The strategy was adding poison pill. They deliberately added so many poison pill that
even EB folks were opposing the bill.
I respect your opinion. CIR failed in 2006. But if Democrats do bring the CIR up again and it fails again, it doesnot look good upon them either. So the hope is that they will check the feasibility of passing. And, we(EB folks) may have a chance to piggy back with the Undocumented and latino lobby.
more...
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johnamit
08-15 12:22 PM
could you please share who received your app? Mine reached at 8:26AM on 2nd July too.
Thanks
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
Thanks
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
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Macaca
02-01 09:46 AM
Some paras from Increased Immigration Fees Denounced (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/31/AR2007013102016.html?nav=hcmodule).
Sen. Edward M. Kennedy (D-Mass.) joined a chorus of immigrant advocacy groups in condemning the Bush administration's plan to charge legal immigrants significantly more money to obtain green cards, adjust their residency status and bring relatives to the United States.
Under the plan, announced yesterday by Emilio Gonzalez, director of U.S. Citizenship and Immigration Services, the government would charge $905 -- up from $325 -- to apply for a green card or to adjust residency status. Immigrants with green cards would have to pay $595 to become naturalized citizens, a $265 increase. The cost of bringing a foreign fiance to the United States would more than double, to $455.
USCIS has long been plagued by an application backlog, slow processing by poorly trained personnel and an inability to track applications for people. The agency receives no money from Congress and passes on most costs to applicants. A highly critical 2004 Government Accountability Office report said that the agency's fees did not cover its costs.
Gonzalez said the increase would pay for better facilities, more workers and more training so that applications can be processed faster and by a more courteous and professional staff. He said the improvements would help USCIS cope with a guest-worker program should Congress approve some type of comprehensive immigration reform.
The fee increases will be published today in the Federal Register, beginning a two-month comment period. USCIS expects to process nearly 5 million applications in the 2008-2009 fiscal year.
Sen. Edward M. Kennedy (D-Mass.) joined a chorus of immigrant advocacy groups in condemning the Bush administration's plan to charge legal immigrants significantly more money to obtain green cards, adjust their residency status and bring relatives to the United States.
Under the plan, announced yesterday by Emilio Gonzalez, director of U.S. Citizenship and Immigration Services, the government would charge $905 -- up from $325 -- to apply for a green card or to adjust residency status. Immigrants with green cards would have to pay $595 to become naturalized citizens, a $265 increase. The cost of bringing a foreign fiance to the United States would more than double, to $455.
USCIS has long been plagued by an application backlog, slow processing by poorly trained personnel and an inability to track applications for people. The agency receives no money from Congress and passes on most costs to applicants. A highly critical 2004 Government Accountability Office report said that the agency's fees did not cover its costs.
Gonzalez said the increase would pay for better facilities, more workers and more training so that applications can be processed faster and by a more courteous and professional staff. He said the improvements would help USCIS cope with a guest-worker program should Congress approve some type of comprehensive immigration reform.
The fee increases will be published today in the Federal Register, beginning a two-month comment period. USCIS expects to process nearly 5 million applications in the 2008-2009 fiscal year.
more...
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amit_p27
06-19 03:30 PM
Eb3/nsc/india
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vc_gc
04-02 03:33 PM
done. Good luck all.
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helloh1
01-26 07:08 PM
hey Dhundhun and everybody else.... thanks for ur precious advice. This forum is really helpful for people like me who do not have much experience with US rules.
Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.
Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.
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akred
07-14 09:21 AM
I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
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JA1HIND
01-26 07:26 PM
hey Dhundhun and everybody else.... thanks for ur precious advice. This forum is really helpful for people like me who do not have much experience with US rules.
Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.
Alright "helloh1" all I can tell you at this point is "Good luck"
Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.
Alright "helloh1" all I can tell you at this point is "Good luck"
tonyHK12
10-28 10:10 AM
There is no freedom and especially education in India. in US even if you are a 60 year old you can join a university but in India things are different
What do you mean? My father was an engineer and he started his Bachelor of law at age 58 in 1996 in India, after retirement. regular college, which only 10% pass out off.
Again never compare Canada with India, India is Unique and I am not putting my Motherland on Trash, You are in a way doing that, by comparing it with Canada and USA.
I'm only comparing the economy and education not the culture.
STOP religious Conversion and propoganda all over the world all the countries will live happily.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
What do you mean? My father was an engineer and he started his Bachelor of law at age 58 in 1996 in India, after retirement. regular college, which only 10% pass out off.
Again never compare Canada with India, India is Unique and I am not putting my Motherland on Trash, You are in a way doing that, by comparing it with Canada and USA.
I'm only comparing the economy and education not the culture.
STOP religious Conversion and propoganda all over the world all the countries will live happily.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
ramus
06-23 05:48 PM
Guys, before creating new thred please take a min and see if there is already any thred with the same subject.. There are already 2 threds with same subject..
To your question:- If you have AAA membership then they will do it for free.
Please think about contributing small amount to IV..
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
To your question:- If you have AAA membership then they will do it for free.
Please think about contributing small amount to IV..
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
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