jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
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eb3_nepa
02-19 12:30 PM
Guys as someone else has posted earlier, there is NO basis for asking for this.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
dartkid31
05-25 12:06 PM
Canada has the stupidest immigration policy from the standpoint of policy maker if you ask me.
Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.
Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".
Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.
I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.
US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.
There is a simple solution to the labor over-supply problem you mentioned above. How about making it a requirement to have a job or job offer in your field before you are allowed to apply. That way, the over-supply problem is solved, and the exploitation factor removed as well. And to weed out the fake graduate degrees, they could require that the degree come from a US school. I think most lawmakers would agree with me, and thats why they have written similar language into the underlying bill, although only for STEM's. Your main arguement (over-supply) would be irrelevant if those conditions were applied.
Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.
Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".
Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.
I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.
US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.
There is a simple solution to the labor over-supply problem you mentioned above. How about making it a requirement to have a job or job offer in your field before you are allowed to apply. That way, the over-supply problem is solved, and the exploitation factor removed as well. And to weed out the fake graduate degrees, they could require that the degree come from a US school. I think most lawmakers would agree with me, and thats why they have written similar language into the underlying bill, although only for STEM's. Your main arguement (over-supply) would be irrelevant if those conditions were applied.
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uslegals
11-06 11:02 AM
Thanks bharatpremi - thats a pretty comprehensive scenario.! Very helpful indeed.!
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
My Infopass appt. is next week in baltimore. My EAD & AP are still pending for both me and my wife. 90 days was y'day.! USCIS recd. our EAD & AP applications on 8/7.
I have scheduled my appt. for tuesday morning. I could provide only my info (A# and receipt #) online - can i take my wife along too although she hasn't officially scheduled a appt for tuesday with me.? Do you know if they may object when we have filled ii only 1 person online but 2 show up for the appt.?
Thanks.!
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sledge_hammer
02-27 05:57 PM
It is evident to anyone following this thread who hijacked it. I was only responding to the OP when you came here with your crappy comments about how people should not enforce personal morals on drug traffickers.
Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion?
If your next post does not address the issue, then we all know who the real immature person is. Unless you have an answer, I will consider this case closed.
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion?
If your next post does not address the issue, then we all know who the real immature person is. Unless you have an answer, I will consider this case closed.
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
Gravitation
12-04 07:20 PM
I do not know in which city of India you took out your PPF.,
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I can attest to that. It's not unusual to have to pay bribe from 10-25% to get the PPF money. And even that takes weeks/months to complete. I've personally known relatives in India who had to do that. It's not even considered anything out of ordinary there. Good Luck R2I's.
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sgupta33
01-15 09:58 AM
^^^^
2010 Girls Generation for Viliv
anilsal
12-20 12:45 PM
Great news! I was never on H4 so it does not really affect me. But any good news for skilled immigration is good news.
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
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glus
09-26 07:35 AM
Hi,
I think at this point, you need to show that the original 2000 graduation date was final and true. I would try to get a letter from your school stating that you did graduate with B.S. degree in 2000 and 2000 was the graduation year. Try to get an official letter stating that. The letter could, if possible, explain why later dates appear on you degree transcript. However, it must underline that you graduated in year 2000.
I think at this point, you need to show that the original 2000 graduation date was final and true. I would try to get a letter from your school stating that you did graduate with B.S. degree in 2000 and 2000 was the graduation year. Try to get an official letter stating that. The letter could, if possible, explain why later dates appear on you degree transcript. However, it must underline that you graduated in year 2000.
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mbartosik
08-21 01:03 PM
My attorney, who I deal with directly (he is part of big immigration law firm), had sent my some papers ages ago that the firm represents both myself and my employer.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
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map_boiler
11-06 12:02 PM
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
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nozerd
04-13 11:45 AM
So why isnt EB3 India moving at all ?
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
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ivar
08-29 07:23 PM
Congratulations for your GC. your journey was painful, long and inspiring.
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rav18
06-24 03:30 PM
Check your PM. This is what i sent.
Can you please share the letter? I am looking for a sample format.
Thanks
Can you please share the letter? I am looking for a sample format.
Thanks
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hopefullegalimmigrant
07-25 03:29 PM
What not in hand may be (or always be) in head. What in head certainly may not be in hand
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
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reddymjm
01-04 02:41 PM
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
Yes
Yes
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trueguy
10-23 05:21 PM
My point is "we should do something about it". How can we get some attention from Lawmakers about this chaos.
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gauravsh
02-21 01:10 PM
This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
can you please tell were you working for a consulting company or a american company? Also in which city are you located?
Might be they are doing it at some particular location?
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
can you please tell were you working for a consulting company or a american company? Also in which city are you located?
Might be they are doing it at some particular location?
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prioritydate
07-25 01:39 PM
Have time to post something here? Heheee.... I am posting these message while my project is compiling and building.
Jimi_Hendrix
12-29 12:56 AM
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
pappu
03-25 09:49 AM
We support all bills and all legislations that help us. Whether its STRIVE act of 2007, or some new version in the House or the new version in the senate or any new name of a bill that helps us.
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