CADude
10-04 12:49 PM
No one want to waits anymore (it's already 93 days :mad: ) AND no one want to participate in any action to speed-up the process or put more pressure on USCIS to correct their behavior (USCIS will come back and screw your case :) ). Please tell me what you wants. :confused: Either please don't complain and wait till your Check Cashed :D OR organise and do your part, take some action to put pressure on USCIS. Choice is yours. :D
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saileshdude
09-12 02:36 PM
I felt the same too since I am also in the middle of H-1B transfer and my PD is current. But I spoke to my new employer's attorney and he mentioned that they are two seperate processes and should not delay things. In most cases they are considered seperate. There is always a chance. But that is rare. Even I felt that using EAD would have been better but my EAD expired and the new company decided to do H1. So things started moving with H1 and my PD became current.
I saw LUD on my previous H1. So don't know what's going on.
Its just that i think if IO see's that there is an H1 transfer application pending, he may delay the AOS with the current sponsor. I am just mentally preparing myself, havent seen any change in online status.
Looking back, it might have been better to just go with EAD, that way USCIS wouldnt even know I am changing jobs then :D
Hindsight is alwas 20/20
I saw LUD on my previous H1. So don't know what's going on.
Its just that i think if IO see's that there is an H1 transfer application pending, he may delay the AOS with the current sponsor. I am just mentally preparing myself, havent seen any change in online status.
Looking back, it might have been better to just go with EAD, that way USCIS wouldnt even know I am changing jobs then :D
Hindsight is alwas 20/20
miapplicant
09-24 08:41 AM
I just called USCIS and they asked me to wait for 90 days. Our application was recd on July 23rd by B.GERKENSMEYER at NSC. She said that NSC has is processing Dec 21, 2006applications now. Couldn't give me an answer when I told her that USCIS website is showing dates of Aug 9th, 2007 as of today.
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tanu_75
04-01 09:20 PM
Can we try and consolidate the predictions by Teddy, Rodnyb, GCwait2007 and others who did some major number crunching (not armchair predictors like me).
Teddy, based on what we know now especially the past few days, can you give your average, best, and worst case estimate for September 2011. Same for rodnyb and GCwait2007. Thanks!
Also importantly, if you could comment on the PD for EB3-I/C and EB-2 I/C in October 2011 once this year is over. Will we see it retrogress or current and what's your average case for the dates then.
Teddy, based on what we know now especially the past few days, can you give your average, best, and worst case estimate for September 2011. Same for rodnyb and GCwait2007. Thanks!
Also importantly, if you could comment on the PD for EB3-I/C and EB-2 I/C in October 2011 once this year is over. Will we see it retrogress or current and what's your average case for the dates then.
more...
rcr_bulk
08-25 03:27 PM
wrong calculation 5000/2500=2. It is 2 cents perminute. Have you used C# program?:)
Any way with vonage, one can call other friends in all other 60 counties and others part of us too..
Common :confused: Need a math teacher here!!
5000 mins = 2500 cents
1 min = ?
(1/5000)*2500 = 0.5 cent per min.
Any way with vonage, one can call other friends in all other 60 counties and others part of us too..
Common :confused: Need a math teacher here!!
5000 mins = 2500 cents
1 min = ?
(1/5000)*2500 = 0.5 cent per min.
whitecollarslave
03-25 03:05 PM
Just talked to a recruiter from a software giant.
She specifically wanted to know if I was on EAD and if yes, unfortunately they cannot hire EADs during the fourth quarter (now) due to hiring budget limitations that are typical during the fourth quarter.
Q: Why does budget come in to picture here?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
But she said once the fourth quarter passes, EAD hiring is not a problem.
Folks, we should not remain quiet about this. The regulations make it illegal for an employer to discriminate based on immigration status. We should politely and respectfully pursue the authorities regarding this matter.
I would encourage you to point out the USDOJ guidelines (posted earlier) to the "software giant" employer and also contact the OSC worker hotline.
Also, would it be wise for people to post name of the company who are known to have such policies? We got one - CapitalOne from earlier posts.
She specifically wanted to know if I was on EAD and if yes, unfortunately they cannot hire EADs during the fourth quarter (now) due to hiring budget limitations that are typical during the fourth quarter.
Q: Why does budget come in to picture here?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
But she said once the fourth quarter passes, EAD hiring is not a problem.
Folks, we should not remain quiet about this. The regulations make it illegal for an employer to discriminate based on immigration status. We should politely and respectfully pursue the authorities regarding this matter.
I would encourage you to point out the USDOJ guidelines (posted earlier) to the "software giant" employer and also contact the OSC worker hotline.
Also, would it be wise for people to post name of the company who are known to have such policies? We got one - CapitalOne from earlier posts.
more...
justin150377
07-09 08:48 PM
Imagine how insulted the soldiers will feel when they read the cards/notes with the flowers...they won't be pleased they were caught in the middle of a controversy. They have enough to deal with already. This will make the government look even worse.
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gc_chahiye
06-25 12:12 PM
............Expanding on my previous posts.
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.
Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.
thanks for the clear summary of things. One more clarification: (worst-case scenario) have you seen any case where the I-485 has been rejected because it was filed twice?
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.
Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.
thanks for the clear summary of things. One more clarification: (worst-case scenario) have you seen any case where the I-485 has been rejected because it was filed twice?
more...
atmercyofdol
07-14 12:28 PM
Anyone knows who sponsors that show?
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miapplicant
09-24 08:44 AM
Atleast your lawyer replies to you:) Our lawyer stopped replying to our e-mails since after mailing the AOS package in July. They don't even entertain phone calls.
more...
chanduv23
01-13 09:21 PM
wGpSCdeEkB4
Posted on http://iv-tristate.blogspot.com/
Posted on http://iv-tristate.blogspot.com/
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vikki76
10-05 02:56 PM
Hi vikki76, bpositive, dipika, caliguy, leoindiano:
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
more...
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coopheal
08-08 09:21 AM
I am the later...
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
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rajuseattle
04-06 12:23 AM
GC_info:
YOU can apply her AP with the instructions to deliver the AP to nearby US consulate in India. Upon AP approval, she can go and collect her AP from the consulate and come back using AP.
YOU can apply her AP with the instructions to deliver the AP to nearby US consulate in India. Upon AP approval, she can go and collect her AP from the consulate and come back using AP.
more...
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like_watching_paint_dry
06-15 10:28 AM
Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?
If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?
If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?
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SunnySurya
08-07 01:29 PM
Thats exactly what we need to figure out... I am working on it.
We have no idea how many are legally porting from EB3 to EB2. I am sure many are trying but the data is not available. I dont know how you will move forward without such information.
(Disclaimer: i am EB3 with US masters and no desire of porting to EB2)
We have no idea how many are legally porting from EB3 to EB2. I am sure many are trying but the data is not available. I dont know how you will move forward without such information.
(Disclaimer: i am EB3 with US masters and no desire of porting to EB2)
more...
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gc_chahiye
10-17 07:25 PM
gc_chahiye is correct - this is precisely why my lawyer advised me not to go with 2nd set of 485 + if one gets rejected the other one automatically gets rejected (when both are combined)
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
why would the second app be rejected automatically if the first one is rejected?
Combining them simply puts them all into a single file for USCIS to follow up on. They are still individual files, based on individual I-140s.
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
why would the second app be rejected automatically if the first one is rejected?
Combining them simply puts them all into a single file for USCIS to follow up on. They are still individual files, based on individual I-140s.
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gc_maine2
08-07 11:20 AM
Very well said. Thats what they do once they GC, there motto is " I want GC and Nobody else should get it". Sad very sad......
Ths poll should be changed to
Do you want to turn into an anti-immigrant when you get your greencard?
Yes I am in
No I am out
Shame on those who votes yes.
Ths poll should be changed to
Do you want to turn into an anti-immigrant when you get your greencard?
Yes I am in
No I am out
Shame on those who votes yes.
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arunmohan
01-07 02:32 PM
Group:
I am ready for anything GC, conditional GC or Citizenship which ever comes first. If it is required funding we can start a new funding drive. But we need to start actively. Still I beleive that we should ask for conditional GC first because USCIS itself can make a rule to give a conditional GC for people who are waiting for GC more than 5 years and staying legally in this country last 10 years.
We need to collect friends who are in same situation.
We should take advise from attorney if they can give some kind of help.
I am ready for anything GC, conditional GC or Citizenship which ever comes first. If it is required funding we can start a new funding drive. But we need to start actively. Still I beleive that we should ask for conditional GC first because USCIS itself can make a rule to give a conditional GC for people who are waiting for GC more than 5 years and staying legally in this country last 10 years.
We need to collect friends who are in same situation.
We should take advise from attorney if they can give some kind of help.
brshankar
08-07 11:56 AM
Yes, my GC is in Peril and thats exactly what I am trying to do...
Dude,
Looks like Rolling_Flood has not yet voted on this poll. I thought he will be the first Yes for this poll.
Are you guys planning to file separate lawsuits?
Dude,
Looks like Rolling_Flood has not yet voted on this poll. I thought he will be the first Yes for this poll.
Are you guys planning to file separate lawsuits?
BharatPremi
10-17 05:21 PM
Guys,
I need your opinion and advise on this.
Old file - First File:
-----------------
current employer:A
EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing
New file - Second File:
---------------------
Future Employer: B
EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
Note: Labor for both applications has similar codes except new filing is based
on "Seniority" and thus EB2.
Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Questions:
1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
my EB3 PD (current employment- 485 is filed under this) and for some
months if I see EB3 may not move ahead what would be the best startegy
out of following?
- PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
PD? I know OLD PD can be ported to NEW PD but what about reverse
condition?
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers.
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
PD 07/2*/2003).
Thanks in advance for any help or suggestions.
- BharatPremi
I need your opinion and advise on this.
Old file - First File:
-----------------
current employer:A
EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing
New file - Second File:
---------------------
Future Employer: B
EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
Note: Labor for both applications has similar codes except new filing is based
on "Seniority" and thus EB2.
Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Questions:
1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
my EB3 PD (current employment- 485 is filed under this) and for some
months if I see EB3 may not move ahead what would be the best startegy
out of following?
- PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
PD? I know OLD PD can be ported to NEW PD but what about reverse
condition?
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers.
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
PD 07/2*/2003).
Thanks in advance for any help or suggestions.
- BharatPremi
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