dealsnet
11-10 05:47 PM
Same sex marriage couples cannot sponser for GC?
But they can get Insurance coverage and family benifits from the state.
May be USCIS to prevent malpractice by the people to get the GC.
I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.
I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.
I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.
I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.
-Nola
But they can get Insurance coverage and family benifits from the state.
May be USCIS to prevent malpractice by the people to get the GC.
I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.
I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.
I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.
I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.
-Nola
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trueguy
07-23 12:56 PM
You can apply for ITIN even if your spouse is not in US. I have done it ealrier but the only condition is she shouldhave visited US on dependent visa last year for your to claim?
-Udaya.
My wife never been to US and I am married for 2 years now. I have been filing my return as Single.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
-Udaya.
My wife never been to US and I am married for 2 years now. I have been filing my return as Single.
Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.
Not sure how true is that and I don't know if I should give it a try or not.
Thanks.
unitednations
03-24 06:24 PM
Can you throw some light... I am scared. Looks like you got some insider info.
Not insider information but I do have access to a lot of rfe's and issues that are going on in the EB community:
USCIS revoking approved I-140's
USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together
department of labor auditing just about every eb2 labor
vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)
Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa
companies closing down because fines/penalties from department of labor are too much.
random visits from department of labor and ICE to employee homes
IRS auditing per diems
It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.
Not insider information but I do have access to a lot of rfe's and issues that are going on in the EB community:
USCIS revoking approved I-140's
USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together
department of labor auditing just about every eb2 labor
vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)
Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa
companies closing down because fines/penalties from department of labor are too much.
random visits from department of labor and ICE to employee homes
IRS auditing per diems
It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.
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sjpg
07-18 11:02 AM
I was in a similar boat as you when i filed my I485. I was forced to file 140 premium by itself as they stopped accepting starting july 2 07. So we shipped 140 on 29th june 07.On 5th july 07 my attorney shipped 485 with a FedEx acknowledgement of 140 doc acceptance and entire photo copy set of 140 documents
more...
venkygct
06-10 02:16 PM
Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)
dagabaaj
02-13 03:37 PM
It takes a lot of balls to lead and very few have it. I joined IV with with very little expectation and have been primarily circumspect of what can be done. But have I lost hope no. Lets look at the +ve side of this debate. There is pent up frustration and general disdain for the system so far. So lets all collectively make an effort to address the situation. What will happen is anybody's guess!!!! We will eventually get what we deserve.
To the core team once again, please keep momentum. We will help in whatever capacity you need.
To the core team once again, please keep momentum. We will help in whatever capacity you need.
more...
satishku_2000
06-15 12:05 AM
Great points. Is it possible for the primary applicant to continue on H1 and the secondary/dependant applicant apply for EAD?
I have the same issue now , my h1b 6 years end in 2007 december , h1 extensions are granted only if the labor is pending for more than a year or dates are not current for 485 ...
So I guess we are better of being on EAD rather than on H1B because of all the bad publicity associated with it now a days and kind of restrictions they are planning to bring on H1B.
Even the dual intent is gonna be removed if the bill passes in its current form. Looks like senate is trying revive that unwanted baby called CIR ....
Even if CIR fails , the chances of enacting 1035 on its are very high So in a nutshell its better to get to the 485 queue and wait so that they will start some preprocessing on 485 applications after year at least.
All of us know that dates will move back and we have to get ready for that ..
I have the same issue now , my h1b 6 years end in 2007 december , h1 extensions are granted only if the labor is pending for more than a year or dates are not current for 485 ...
So I guess we are better of being on EAD rather than on H1B because of all the bad publicity associated with it now a days and kind of restrictions they are planning to bring on H1B.
Even the dual intent is gonna be removed if the bill passes in its current form. Looks like senate is trying revive that unwanted baby called CIR ....
Even if CIR fails , the chances of enacting 1035 on its are very high So in a nutshell its better to get to the 485 queue and wait so that they will start some preprocessing on 485 applications after year at least.
All of us know that dates will move back and we have to get ready for that ..
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walking_dude
10-04 04:19 PM
They don't allow unpaid Commercial Advertising on these sites. Posting IV flyers can be construed as Commercial, even though IV itself is non-profit. I don't want them to ban my IP!
I think the best approach is to provide links to IV posts/forums, to drive the traffic here.
Flyers are ready - we can post flyers
I think the best approach is to provide links to IV posts/forums, to drive the traffic here.
Flyers are ready - we can post flyers
more...
krishnam70
03-05 12:22 PM
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
This is an excellent idea and a great opportunity to show case our skills. How about IV offering as non-profit organization our expertise ( from members) to help with this and reduce cost and improving efficiency of this program for USCIS - FREE OF COST.
I am aware there might be many issues with data security etc here but at least we could propose this. As a fellow member suggested this should be a report that needs to be published every few months or so to make it transparent and traceable.Ooops wait, will it show the true picture of how efficient USCIS is if they do this? :D
I dont see it going anywhere, this is just stalling. They already have that kind of information if the statement from O'man office is any indication or they lied to the office. Either way we need to highlight this with the O'man's office first and then follow it up with Local senators and highlight it. This needs to go big way.
Getting them to give one off statement is not going to solve anything besides it might be only a starting price and might increase or are they charging the same $5000 every time somebody asks them for an update.
- cheers
kris
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
This is an excellent idea and a great opportunity to show case our skills. How about IV offering as non-profit organization our expertise ( from members) to help with this and reduce cost and improving efficiency of this program for USCIS - FREE OF COST.
I am aware there might be many issues with data security etc here but at least we could propose this. As a fellow member suggested this should be a report that needs to be published every few months or so to make it transparent and traceable.Ooops wait, will it show the true picture of how efficient USCIS is if they do this? :D
I dont see it going anywhere, this is just stalling. They already have that kind of information if the statement from O'man office is any indication or they lied to the office. Either way we need to highlight this with the O'man's office first and then follow it up with Local senators and highlight it. This needs to go big way.
Getting them to give one off statement is not going to solve anything besides it might be only a starting price and might increase or are they charging the same $5000 every time somebody asks them for an update.
- cheers
kris
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pcs
04-08 08:13 AM
Please check Q&A ( I think Q&A no. 18) in immigration-law.com . It has been detailed & you can do it. Also keep sharing your info / experience as it will be of use to some other like you.
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ashkam
06-19 04:12 PM
One change I noticed.
Now people can continue in the old system if the I-140 was approved or pending before the first day of the fiscal year subsequent to the the bill being enacted. So if the bill is passed right away, you need to have filed your I-140 before Oct 1 2007.
Buehler : Thanks for the find. Can you quote it please, if possible?
Now people can continue in the old system if the I-140 was approved or pending before the first day of the fiscal year subsequent to the the bill being enacted. So if the bill is passed right away, you need to have filed your I-140 before Oct 1 2007.
Buehler : Thanks for the find. Can you quote it please, if possible?
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srkamath
07-15 09:28 PM
It is very simple.
Old Vertical spillover system
EB2 ~ 44 k
EB3 ~ 89 k
NEW, Horizontal spillover system
EB2 ~ 89 k
EB3 ~ 44 k
The above will be definitely true for FY2009. It might be a little less for FY2008 as they changed the system mid-year. EB2 will become current by end of FY2009 to 2010. Without legislative action, EB3 will get max relief then - vdlrao is correct.
Old Vertical spillover system
EB2 ~ 44 k
EB3 ~ 89 k
NEW, Horizontal spillover system
EB2 ~ 89 k
EB3 ~ 44 k
The above will be definitely true for FY2009. It might be a little less for FY2008 as they changed the system mid-year. EB2 will become current by end of FY2009 to 2010. Without legislative action, EB3 will get max relief then - vdlrao is correct.
more...
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raju123
07-03 03:31 PM
Don't waste time by calling National Call service center. They all are dumb !! They don't know anything. They just read the on line status of our case, which 8 year kid can do.
According to the first guy I talked to, one has already been assigned upon the start of processing of the case.
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
According to the first guy I talked to, one has already been assigned upon the start of processing of the case.
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
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rajuram
11-19 11:46 PM
I tend to agree. Anything that can give us positive publicity will work.
The flower campaign was a huge success. The holiday season is here and I was thinking about a potentially new and innovative campaign idea. Greeting cards with a recorded audio message to be sent to the Director of USCIS. The message would be unique to the individual sending it. Should include something like "Dear Sir - I wish you a happy and safe holiday season. My name is "xyz". I am a legal immigrant stuck in the green card backlog for "xyz" years. Please help us. This message is just an idea - it could be anything agreed upon by consensus.
Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???
The flower campaign was a huge success. The holiday season is here and I was thinking about a potentially new and innovative campaign idea. Greeting cards with a recorded audio message to be sent to the Director of USCIS. The message would be unique to the individual sending it. Should include something like "Dear Sir - I wish you a happy and safe holiday season. My name is "xyz". I am a legal immigrant stuck in the green card backlog for "xyz" years. Please help us. This message is just an idea - it could be anything agreed upon by consensus.
Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???
more...
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logiclife
02-11 10:55 PM
All your questions about Immigration Voice�s funds and financial disclosure are answered here:
Youtube:
http://www.youtube.com/watch?v=HVuvN1GFUVw
Same thing on Yahoo if the link above does not work:
http://video.yahoo.com/video/play?vid=f6b1eb0d95421b683e7fabcd5d6f2ef3.1863489
Thanks for listening.
Youtube:
http://www.youtube.com/watch?v=HVuvN1GFUVw
Same thing on Yahoo if the link above does not work:
http://video.yahoo.com/video/play?vid=f6b1eb0d95421b683e7fabcd5d6f2ef3.1863489
Thanks for listening.
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newuser
07-11 11:23 PM
You do not have to pay fees, if you had filed your I-485 with the new fees. If you 485 was filed based on July 07 VB or earlier, then you still have to pay fees. The July fiasco as we all know, there are a extension till Aug 17 to file I-485 with the old fees, these applicants still have to pay fees for AP renewal even if filed between Aug 1 through 17
If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.
If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.
more...
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nonimmi
04-11 05:00 PM
This month also didnt improve EB3 (I) condition!!
Does this mean more and more will convert to EB3 whose PD is 2001-2004?
Does this mean more and more will convert to EB3 whose PD is 2001-2004?
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boreal
07-01 05:45 PM
I loved Fragomen. Very responsive and are working over weekends to expedite applications..
I highly recommend them.
I second this. Fragomen is excellent, working over the weekends too..couldnt believe my ears this morning when they called me and asked me to come over to sign the completed applications for me and my wife. I kinda resigned myself to the fact that these big firms will take a while to process these applications and wasnt expecting anything from them atleast till the third week of July.
Just amazing firm...
I highly recommend them.
I second this. Fragomen is excellent, working over the weekends too..couldnt believe my ears this morning when they called me and asked me to come over to sign the completed applications for me and my wife. I kinda resigned myself to the fact that these big firms will take a while to process these applications and wasnt expecting anything from them atleast till the third week of July.
Just amazing firm...
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tamoul
10-19 01:06 PM
Chanced upon this forum while searching for something this week. Kudos to you all, your drive is amazing!
Count me in. Will be there tomorrow at 10AM.
Count me in. Will be there tomorrow at 10AM.
Tshelar
05-18 08:29 AM
Sent to Sen. Bond, Sen. McCaskill and Rep. Akin.
desi3933
02-25 10:06 AM
Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems.
I am definitely in for such a initiative.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems.
I am definitely in for such a initiative.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
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