laborlabor
02-22 09:46 PM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
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tammman
10-15 04:50 PM
My wife has EAD but didnt use it yet and she is on L1 and her AP had an RFE today and she has ticket booked for INDIA on dec6th...if her AP doesnt get approved before she leaves can she travel ?
People were mentioned about it needs to approved before u come back to USA ?
Please suggest.
People were mentioned about it needs to approved before u come back to USA ?
Please suggest.
desi3933
02-18 06:21 PM
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
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b2visahelp
07-09 04:41 PM
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
more...
Vsach
07-01 12:50 PM
Dear ALL,
Please share the insights, my son will start applying soon.
Thanks
Please share the insights, my son will start applying soon.
Thanks
DDash
09-22 11:46 AM
....
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
more...
manishcp
09-21 07:00 PM
Thanks for information.
Manish
Manish
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qasleuth
05-06 11:02 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.
more...
chi_shark
03-11 11:06 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
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rani77
03-17 07:57 AM
I saw your post completely. It looks like that is a no go but you can try two things open a MTR and file an 140 in EB3 .Also parallely start another new case from scratch . You PD is Aug 2006 which may not seem a big advantage now but in a couple of years of time it will be. This may also cost a bit more so apart from financial aspect it doesnt hurt more to do these do things parallely. You got to take the call. Also make sure that you hire a good /well know attroney , your case typically indicates that the attorney made the wrong decision in filing
more...
nb_des
04-14 11:51 AM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.
I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.
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naushit
02-12 08:36 AM
Chris,
My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"
Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?
Just my 2 cents.!
Regards,
-N
Our cases are assigned to IO more that 60 days ago. No LUD's sofar.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"
Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?
Just my 2 cents.!
Regards,
-N
Our cases are assigned to IO more that 60 days ago. No LUD's sofar.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
more...
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chanduv23
09-04 04:18 PM
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
If 485 gets denied because of 140 revocation after 180 days, it is erroneous and has to be resolved through MTR. H1b is very useful in such cases as you can continue to work while you seek resolution through MTR. If on EAD it gets risky because you cannot work when MTR decision is awaited.
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
If 485 gets denied because of 140 revocation after 180 days, it is erroneous and has to be resolved through MTR. H1b is very useful in such cases as you can continue to work while you seek resolution through MTR. If on EAD it gets risky because you cannot work when MTR decision is awaited.
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cheg
08-21 02:59 PM
Congratulations! All the best to you and your family! You saved a lot of money by filing your gc petition yourself. Very smart! Enjoy!:)
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BPforGC
10-15 12:28 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
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anurakt
01-20 10:27 AM
I have no answer for this, I guess someone in this forum who is a US graduate can help us.
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gcwait2007
12-25 05:55 PM
Your PD does not have to be current (it changes from month to month), if it was current at some time in the past, that will be enough.
Fight for your rights!
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
Fight for your rights!
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
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linuxra
01-13 12:53 PM
Hi anybody can have any idea,My employment record and everything is good
no way related to their things will it affect my gc
no way related to their things will it affect my gc
WaldenPond
02-24 11:57 AM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.
I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.
Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.
In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.
I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.
This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.
The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.
I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.
Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.
In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.
I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.
This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.
prem_goel
02-04 04:12 PM
Attorney's please advise. My sister has an active job offer where we would like to explore this opportunity if any of you can help us in handling it. I need to know if this is possible under the law and if you can help us? Please reply and I'll contact your office.
Much thanks in advance.
Much thanks in advance.
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