Desichakit
07-11 09:51 AM
This appears to be half the battle won for EB2 as it has to translated into actual approval. Also we must be mindfull of EB3 retrogression and must not lose sight of it in this Euphoria.
EB2-I-Jan08
EB2-I-Jan08
dsairam
09-10 02:50 PM
Landed on 03/1997 on H1B. Didn't file for GC until 2003 as plan was to work for 2-3 years, get into an MBA program, and then go back.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
MBA resulted in loans of $120K which in turn meant spending some more time in the US which resulted in buying a house which resulted in even bigger loan.
Now living the American "dream" on EAD.
indio0617
03-09 10:39 AM
Sure...
raj3078
09-28 06:48 PM
This is just Sad.....
more...
masouds
09-10 03:10 PM
Remember this is the October VB...so thisis waht is in store for teh next Fiscal year..Oct 08 to Sept 09....so be ready for another year of drudgery....
I'd wait for the official bulletin and their forecast for the next few months before becoming really upset. I have bad stomach as it is. No need to get upset unless absolutely necessary.
YMMV.
I'd wait for the official bulletin and their forecast for the next few months before becoming really upset. I have bad stomach as it is. No need to get upset unless absolutely necessary.
YMMV.
lskreddy
04-30 02:41 PM
Someone by Steve King is expressing his reasons why we should not let this happen as this is a 'backdoor' way to increase the number. What a start..
more...
Libra
09-10 08:36 PM
thank you 1 for contribution.
GCwaitforever
04-02 11:49 AM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
more...
diptam
08-10 01:52 PM
I talk in USCIS standards. They mentioned in last weekly report that they are compliant till 7/1/2007 but actually that was 6/29/2007.
Nothing happens in weekend - so i mentioned Aug 12th as Today's date :D
What are you smoking?? Its Aug 10 today..
Nothing happens in weekend - so i mentioned Aug 12th as Today's date :D
What are you smoking?? Its Aug 10 today..
indianabacklog
07-28 10:32 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
more...
makemygc
07-06 02:07 PM
I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.
Well...this is the same argument we gave when we first heard about the July VB rumour in june but no one belived. I hope badluck's lawyer brings us some good luck but this is hard to believe this time.
Well...this is the same argument we gave when we first heard about the July VB rumour in june but no one belived. I hope badluck's lawyer brings us some good luck but this is hard to believe this time.
nk2006
10-17 04:01 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
more...
![mortal kombat characters scorpion. That is all. ]. Tribute to](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_v8dIXhlpYZKeGR2i7KgVCFORJstXzscIlF-KD5ssKYpb0BOCyywSEAGBpnvd9tJRb0N5Tz-bygwLDV724yinT6xAsp9bmykdSzXg=s0-d "That is all. ]. Tribute to")
lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
sanagani
03-05 10:43 PM
Even though my priority date is 2005 dec under EB3 , i have one soft LUD on my and my dependentcaseon feb 10 amd one more soft LUD on primary applicant case on feb 27 09...
more...
Totoro
05-02 09:25 AM
Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.
Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.
"Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."
I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.
GCBy3000
07-18 12:09 PM
Where are the new members whom I see on other 485 related forums?
more...
xyzgc
02-09 09:49 PM
My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!
If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!
A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!
If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!
A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
needhelp!
09-11 06:11 PM
I am confused by your post.. who's side are you on? :D
Seeing ur quote I remember another quote..
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
Seeing ur quote I remember another quote..
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
she81
08-13 04:48 PM
I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
conchshell
08-13 04:44 PM
I started a thread couple of weeks back. It met an untimely death because of lack of participation from people. Just to revive your memory :
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
makemygc
07-06 01:01 PM
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said and this was posted couple of days back.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said and this was posted couple of days back.
--------------------------------------------------------------------------------
I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....
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