indianabacklog
08-06 07:09 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
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ivar
04-10 09:40 AM
All the best pal....welcome to the club !:rolleyes:
Now that i am a part of this immigration struggle once again, i will make a small donation to IV.
Now that i am a part of this immigration struggle once again, i will make a small donation to IV.
gimme_gc_asap
06-19 10:55 PM
Be cool my babies....
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
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anilkumar0902
11-01 12:05 AM
PVGanesh,
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
more...
gcsomeday
12-07 04:46 PM
Houston Texans suck. Go VY.
txh1b
09-14 12:16 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
more...
apnair2002
05-25 06:25 AM
fax sent
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hoolahoous
11-01 11:58 AM
part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
more...
rpulipati
09-08 01:03 PM
internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
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nolud
02-11 03:33 PM
I received a letter from uscis/DHS on Jan 28.
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
more...
nogc_noproblem
05-28 02:35 AM
Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).
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HV000
03-08 10:39 PM
By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
more...
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tinamatthew
07-21 02:00 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
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jonty_11
05-05 05:57 PM
I think this kind of question can be best answered by USCIS.....
So when u call next ask this...
So when u call next ask this...
more...
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franklin
07-17 06:10 PM
I don't want to sound like a broken record, but please contribute!
Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
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Ramba
06-18 06:15 PM
485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
more...
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jliechty
August 3rd, 2005, 09:09 AM
The 300D and D50 would be too limited in my humble opinion, such that if you plan to buy a body and keep it for a while, you'll run into their "issues" after a little while. Definitely consider 350D or D70(s), along with as good of a lens as you can afford. The 18-70 DX kit lens for Nikon cameras is good from what I've seen from it, but the Canon 18-55 kit lens is sometimes said not to be quite so good. I don't know what to recommend on the Canon side, but there are plenty of folks here who can help you out on that. :)
For what it's worth, I got into photography with an old manual film camera when I was about 9. Then, a few years ago for a very short time, I used a Kodak P&S digital, before getting disgusted with it and going back to film. Finally, this spring my wallet suffered major damage with a used D1 and a couple of lenses (24-85 zoom and 90mm macro). College (this fall) will probably put an end to my photographic acquisitions for a while, but now that the Luminous Landscape did an article on video cameras, I have even more stuff to dream / drool about. Must... hide... credit card... now..! :D
For what it's worth, I got into photography with an old manual film camera when I was about 9. Then, a few years ago for a very short time, I used a Kodak P&S digital, before getting disgusted with it and going back to film. Finally, this spring my wallet suffered major damage with a used D1 and a couple of lenses (24-85 zoom and 90mm macro). College (this fall) will probably put an end to my photographic acquisitions for a while, but now that the Luminous Landscape did an article on video cameras, I have even more stuff to dream / drool about. Must... hide... credit card... now..! :D
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drona
07-11 11:40 PM
He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
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ragz4u
06-22 02:26 PM
IV core team itself is not active these day.
Read my other post about what IV core is doing currently. Also, just FYI, we had a conference call last nite which went form 9.00 PM to 11.15 PM EST. And this was not the only call this week.
We have already started looking beyond the CIR and so has QGA. Aman and Shilpa went to an important House Related event in DC and met with some of the house representatives (in person) whose names you see in immigration articles every single day!
So, in a nutshell, I am happy to see the initiative by Ghost to take IV further. Please support him instead of trying negate it!
Do not forget that the only other option to fighting for our rights is to keep quiet and suffer daily for years. There is not a single person in the core team and nor many members in IV who are willing to give up before a good fight.
Read my other post about what IV core is doing currently. Also, just FYI, we had a conference call last nite which went form 9.00 PM to 11.15 PM EST. And this was not the only call this week.
We have already started looking beyond the CIR and so has QGA. Aman and Shilpa went to an important House Related event in DC and met with some of the house representatives (in person) whose names you see in immigration articles every single day!
So, in a nutshell, I am happy to see the initiative by Ghost to take IV further. Please support him instead of trying negate it!
Do not forget that the only other option to fighting for our rights is to keep quiet and suffer daily for years. There is not a single person in the core team and nor many members in IV who are willing to give up before a good fight.
hopelessGC
08-18 10:19 AM
This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
Just my opinion.
Good Luck.
I second that.
Just my opinion.
Good Luck.
I second that.
GlobalCitizen
08-21 01:16 PM
Gurus,
I need help please!
My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.
I need help please!
My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.
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