rb_248
07-07 10:36 AM
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
Congrats......this truly is your 4th of July.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
Congrats......this truly is your 4th of July.
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satyasaich
07-21 03:16 PM
What ever you have pointed out is very valid and no doubt, shows the injustice. However, considering the present situation following are my thoughts.
1. Let's call for an action item for all those IV members whose LCs are still in BECs
2. Try to present the case to USCIS in a truly meaningful way about the those individuals still waiting for LC approvals
3. Try to get an exception so that they can file 140+485 even after Aug17th.
(atleast this is not an impossible thing to USCIS to accept just few thousand when compared to hundreds of thousands)
I strongly believe in IV from day 1 and quickly take an action item first of all to come up with list of the individuals (as many as possible).
Then, let's approach USCIS (i don't know how to do it at this time, but open this for some good ideas) to get an exception for those cases still to come out of BECs
I know so many of us have already filed for 485 or busy to file before Aug17th, but PLEASE LET'S DO SOMETHING.
Personally even though i applied for 485, i'm all for it and justice MUST BE DONE
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
1. Let's call for an action item for all those IV members whose LCs are still in BECs
2. Try to present the case to USCIS in a truly meaningful way about the those individuals still waiting for LC approvals
3. Try to get an exception so that they can file 140+485 even after Aug17th.
(atleast this is not an impossible thing to USCIS to accept just few thousand when compared to hundreds of thousands)
I strongly believe in IV from day 1 and quickly take an action item first of all to come up with list of the individuals (as many as possible).
Then, let's approach USCIS (i don't know how to do it at this time, but open this for some good ideas) to get an exception for those cases still to come out of BECs
I know so many of us have already filed for 485 or busy to file before Aug17th, but PLEASE LET'S DO SOMETHING.
Personally even though i applied for 485, i'm all for it and justice MUST BE DONE
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
Macaca
09-15 09:05 PM
To feel today
what one felt yesterday
isn't to feel -
it's to remember today what was felt yesterday,
to be today's living corpse of
what yesterday was lived and lost
Fernando Pessoa, The Book of Disquiet
what one felt yesterday
isn't to feel -
it's to remember today what was felt yesterday,
to be today's living corpse of
what yesterday was lived and lost
Fernando Pessoa, The Book of Disquiet
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GCBy3000
07-06 02:39 PM
Though your feelings are ok, the reality is different.
1. yes there are lot of capbale people through out the world earning less than what an average person earns in US. Why any country should provide visas to them if the country does not gain anything from it. Better to know the supply Vs demand concept.
2. Being a very capable person, you choose to be on H4. US did not force it on you. Everyone has the option of going back to their home country or wait here till they get what they desire. You weigh both the options and decide which suits you better. If you decide to stay on H4 for 4-5 years, then at somepoint for some reason you thought it is better than going back. So be practical.
As someone said, one should feel deserved to get GC and not beg for it. Again I am sorry for your status. My wife with CA and CPA and she is on H4 for 5 years now. I know how frustrating it will be. Worrying will not help much. Accept the reality and think calmly which way you want to go in your life down the line in next 5 years. Take actions now for that which may end up in leaving this counrty or staying with current status until you get GC. You have to make up your mind to live a peaceful life.
This GC process will throw anyone into depression.
Good luck.
1. yes there are lot of capbale people through out the world earning less than what an average person earns in US. Why any country should provide visas to them if the country does not gain anything from it. Better to know the supply Vs demand concept.
2. Being a very capable person, you choose to be on H4. US did not force it on you. Everyone has the option of going back to their home country or wait here till they get what they desire. You weigh both the options and decide which suits you better. If you decide to stay on H4 for 4-5 years, then at somepoint for some reason you thought it is better than going back. So be practical.
As someone said, one should feel deserved to get GC and not beg for it. Again I am sorry for your status. My wife with CA and CPA and she is on H4 for 5 years now. I know how frustrating it will be. Worrying will not help much. Accept the reality and think calmly which way you want to go in your life down the line in next 5 years. Take actions now for that which may end up in leaving this counrty or staying with current status until you get GC. You have to make up your mind to live a peaceful life.
This GC process will throw anyone into depression.
Good luck.
more...
rayen
06-04 05:53 PM
rayen;
class of adm is basically the status into which u were put when u entered US thro a POE.
i think in ur case u can give "Parolee (AOS)" or "Paroled pending AOS"
see below link; looks like pple have sucessfully used those texts and gotten approvals.
http://boards.immigration.com/showthread.php?t=236993
Thanks a lot for your quick response.
Thanks again.
class of adm is basically the status into which u were put when u entered US thro a POE.
i think in ur case u can give "Parolee (AOS)" or "Paroled pending AOS"
see below link; looks like pple have sucessfully used those texts and gotten approvals.
http://boards.immigration.com/showthread.php?t=236993
Thanks a lot for your quick response.
Thanks again.
senthil1
09-12 05:35 PM
For President immigration is one of the important issue but not the top most priority. In that high skilled immigration is a part of the immigration. EB reform is just a very small for them compared many challenges in the country. But any President will not Veto any high skilled immigration bill if passed in congress. So congress needs to be satisfied in this issue. I think congress has more power in dealing with immigration.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
more...
amitjoey
06-23 05:05 PM
I called and the staff member said, she will pass the message
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ezee
08-21 02:37 PM
Are they asking for $20 money order or a stamped envelope again? I won't be surprised if these people are pocketing the extra money.
more...
waiting_4_gc
07-17 02:21 PM
Hi - Does anyone work with Vaman Kidambi, bridgeport, CT. Please let me know the feedback on this lawyer.
Yes, I did. He is our company's attorney. He is very good and experienced attorney but he is too slow.
If you are looking for experienced attorney, go with him but if you are looking for faster service then look for someone else.
Yes, I did. He is our company's attorney. He is very good and experienced attorney but he is too slow.
If you are looking for experienced attorney, go with him but if you are looking for faster service then look for someone else.
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sanju
04-10 04:05 PM
Sanjus is comparing apples to oranges. ie, comparing IV to Comcast?
Not comcast, Walmart.
.
Not comcast, Walmart.
.
more...
gconmymind
04-30 12:37 PM
and with all the pledged money at 10K, it should get us past $10.5K. Thanks all.
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chantu
07-15 09:58 AM
Do you mean to say i am EB-3 if Wage Level is II.? My 140 approval says different though.
Even I have the same concern?
Even I have the same concern?
more...
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gauravster
02-25 02:13 PM
This press release only shows that it is an administrative/executive fix. Either it is USCIS or DOS or the President, is what I do not know. But clearly, it is something not mandated by legislation, else USCIS/DOS would be breaking several laws by continuing to use the old bulletein.
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
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stuckinmuck
06-14 09:27 AM
Please check with your lawyer but as per my understanding, your wife needs to be in 'status' to be added as a dependent on the 485. Since she is on H1B, she is already in 'status'. There is a separate thread for documents required for 485. Check there.
Hi folks,
My labor and 140 got approved and PD is march 05.
After the good news, I can apply for 485, But I have
a question. My wife she came on H4 here and then converted
to H1B and get stamped also. Is it going to be a problem if I apply 485 for
her ( because of H1B) and if its not a problem guide me what are the necessary documents
for her.
Thanks in advance
Sai
Hi folks,
My labor and 140 got approved and PD is march 05.
After the good news, I can apply for 485, But I have
a question. My wife she came on H4 here and then converted
to H1B and get stamped also. Is it going to be a problem if I apply 485 for
her ( because of H1B) and if its not a problem guide me what are the necessary documents
for her.
Thanks in advance
Sai
more...
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purgan
02-11 10:54 AM
So no Sch A 90K visa recapture will happen?
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dreamworld
06-14 02:58 AM
Sure, though I am not back from a party... IT IS INDEED PARTY TIME FOR MANY :D
My question was more specific, with dates being current, can you apply for 485 on any day of next month July.
I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.
Please confirm.
Yes. If your visa is current in July. Then you have whole July to apply. Even if you deliver on Sundays. but i have no idea whether they accept application on Sunday's..
My question was more specific, with dates being current, can you apply for 485 on any day of next month July.
I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.
Please confirm.
Yes. If your visa is current in July. Then you have whole July to apply. Even if you deliver on Sundays. but i have no idea whether they accept application on Sunday's..
more...
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snathan
03-28 02:11 PM
ahhh now clear my frined eb2 he get greeen card now in last year. he spillover use good i am happy. now i get green card in a few years awway
If you are using HP laptop...and if you didnt restart for couple of days, there is a problem. The cursor will keep jump and you end up like this.
Remove your power card and battery. Then press the power button for 30 secods. If its your communication problem I really dont know how to reset you
If you are using HP laptop...and if you didnt restart for couple of days, there is a problem. The cursor will keep jump and you end up like this.
Remove your power card and battery. Then press the power button for 30 secods. If its your communication problem I really dont know how to reset you
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northstar
09-29 05:48 PM
I had recent experience with continental the flight got cancelled but the staff was good they immediately gave me tickets to Virgin Atlantic (which was earliest departure) but I had Advanced Parole and so could not take VA.
rockstart, what was the issue with Advance Parole, can you elaborate?
rockstart, what was the issue with Advance Parole, can you elaborate?
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Regal22
07-21 09:02 AM
Frankly speaking, i am not a sufferer from BEC, but i want to know more about this mess.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
hara_patta_for_rico
07-05 11:10 AM
Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
I dont know what all these exchanges with CS Reps is doing for others......but it is making me laugh like crazy....bet they dont have a clue about why our ass is on fire since Monday July2nd (early fireworks from USCIS for our benefit ...huh?)
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
I dont know what all these exchanges with CS Reps is doing for others......but it is making me laugh like crazy....bet they dont have a clue about why our ass is on fire since Monday July2nd (early fireworks from USCIS for our benefit ...huh?)
gneerajg
07-18 10:03 AM
What u can do ask your employer/attorney for the copy of the check cashed by TSC/NSC for I-140 and if u look at the back of it you will find the receipt no. That receipt no. is the same whenever u will get ur NOA so make the photocopy of front and back of the check and submit with your I-485 application and relax
Neeraj
:)
Neeraj
:)
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