roseball
07-09 03:55 PM
Yes, you are right that we cannot sue anyone for working harder. I agree with that part too.
I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....
From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....
I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....
From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....
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dummgelauft
08-21 12:51 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
pappu
07-23 09:08 PM
Employment Letter is Required. I would even go to the extent of emphasising to put original letter instead of a photocopy. Do not take chances. The application can be rejected/RFE can be issued in the absece of initial evidence. Read the new memo and educate yourself rather then blindly believing members or lawyers. Ignorance of law is not an excuse if you were to challenge a denial notice. When all information is available, make yourself educated. and BTW get a good lawyer to file your application so that each and every small detail can be taken care of.
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snram4
04-10 03:34 PM
One of the main reason for EB3 in 2001 is From 2000 to 2003 they increased H1b from 65 to 180K. Most people came those time was BA, BSC and B TECH. So most would have applied by EB3 and also from 2000 more than 60% of H1bs were Indians. It may take a few more years to clear 2001 to 2003. But there could be some spill over from Eb2 in 2 years time. So from 2012 Eb3 may move fast. Still 7 to 10 years waiting period may not change unless some bil or CIR is passed. But it should be noted that H1B Cap applications received this year is around 13500. So past 2 years slow down will make PD to improve.
We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf
On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"
Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.
Question:
Are this Numbers are total VISA demand recorded at DOS?
Anybody other Views?
We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf
On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"
Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.
Question:
Are this Numbers are total VISA demand recorded at DOS?
Anybody other Views?
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natrajs
06-06 03:42 PM
After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.
Congrats and Best Wishes
Congrats and Best Wishes
kpchal2
07-18 09:53 AM
can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6
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nojoke
10-20 12:15 AM
I don't get it why our folks blindly follow the dems, and somehow think Obama is our savior when in fact it's contrary. Obama can talk so smoothly that you'll leave feeling that he's for you even if he was saying the opposite. Time to wake up and look at the facts. Go Mccain.
Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama
Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama
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anilsal
12-12 09:37 AM
Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?
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bheemi123
10-03 01:31 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
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sripk
03-22 07:22 PM
I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!
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nojoke
09-18 12:05 AM
Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
I heard that he was asked by lehman to help them out and he politely refused.
I hope this recession/depression doesn't spread to Asia. India will be our refuge if this affects job market here.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
I heard that he was asked by lehman to help them out and he politely refused.
I hope this recession/depression doesn't spread to Asia. India will be our refuge if this affects job market here.
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rpuja
07-28 04:08 PM
please let me know how to close the thread. I do not want divide IV.
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tonyHK12
02-10 10:41 AM
I have about 9500 miles in Delta.
As StarSun mentioned, we need a volunteer to maintain a spreadsheet of miles, accomodations for matching. Can someone take this up?
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
As StarSun mentioned, we need a volunteer to maintain a spreadsheet of miles, accomodations for matching. Can someone take this up?
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
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kumar1
12-11 12:05 PM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
Compare that with US consulate and DOS VISA bulletin and GC process...
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
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fromnaija
01-19 10:59 AM
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.
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virald
07-18 09:38 AM
Do you know if these applications were send back right away or they are still holding it?
Where did you get this information, can you please post the source?
From Greg Siskind's blog
His Comments --
I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
AND
I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.
Where did you get this information, can you please post the source?
From Greg Siskind's blog
His Comments --
I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
AND
I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.
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GCBy3000
12-27 09:44 AM
I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
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alisa
01-21 11:13 AM
Assuming everyone stays the course, under these timelines
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
Ok. So thats a 10 percent decrease in accumulation rate.
Lets add another 10 percent decrease to that. These will be 10 percent that commit suicide, suffer a lay-off, or just pack up and go back.
So, the accumulation rate decreases to 15600, the initial backlogs from 2001, and 2002 also decreased to 80 percent their currently assumed values. Following are the results. Good news. Wait time decreases. Bad news, you still have to send your dependents back as we are not counting them.
The timelines are now less than 20 years.
For India. (ROW wait times are less than 5-10 years anyway according to this model)
YApp YC(New) YC(Old)
2001 2011 2013
2002 2015 2018
2003 2016 2020
2004 2018 2022
2005 2020 2024
2006 2021 2026
2007 2023 2028
2008 2024 2030
2009 2026 2032
2010 2027 2034
In anycase, there is a point to this exercise.
I don't want to pull numbers out of my ass. I want to make a good faith effort in estimating what the wait times would be with things being the way they are. A reasonable model should show that for Indians, the situation is hopeless. For others, the situation is painful. The current model shows that. I just want to give this some time, and get the best feedback and incorporate that in it.
Maybe, then I will be able to convince people (especially from India) to get active, and stop being ignoramuses asking innocently 'Oh! Is the situation really that bad?'
If anyone has any ideas on modelling EB-2 vs EB-3 for India, that would also be helpful. Given some data, simple math should give us good enough estimates.
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
Ok. So thats a 10 percent decrease in accumulation rate.
Lets add another 10 percent decrease to that. These will be 10 percent that commit suicide, suffer a lay-off, or just pack up and go back.
So, the accumulation rate decreases to 15600, the initial backlogs from 2001, and 2002 also decreased to 80 percent their currently assumed values. Following are the results. Good news. Wait time decreases. Bad news, you still have to send your dependents back as we are not counting them.
The timelines are now less than 20 years.
For India. (ROW wait times are less than 5-10 years anyway according to this model)
YApp YC(New) YC(Old)
2001 2011 2013
2002 2015 2018
2003 2016 2020
2004 2018 2022
2005 2020 2024
2006 2021 2026
2007 2023 2028
2008 2024 2030
2009 2026 2032
2010 2027 2034
In anycase, there is a point to this exercise.
I don't want to pull numbers out of my ass. I want to make a good faith effort in estimating what the wait times would be with things being the way they are. A reasonable model should show that for Indians, the situation is hopeless. For others, the situation is painful. The current model shows that. I just want to give this some time, and get the best feedback and incorporate that in it.
Maybe, then I will be able to convince people (especially from India) to get active, and stop being ignoramuses asking innocently 'Oh! Is the situation really that bad?'
If anyone has any ideas on modelling EB-2 vs EB-3 for India, that would also be helpful. Given some data, simple math should give us good enough estimates.
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CR1
04-15 10:42 PM
I have been here about a year and am on an L1 with my wife and two children who are on L2s. We are thinking about starting the GC process. While I am sure this topic has been discussed many times before in this forum, what are the pitfalls, and how long does the process usually take? My understanding is it's relatively straightforward for L1s, however I have seen a number of posts talking of converting from L1s to H1s, so I am little confused as to which is the best visa to be on to apply for GCs.
Many thanks.
Many thanks.
GCKaIntezar
01-18 09:14 AM
Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.
srkamath
07-12 08:26 PM
This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
Thanks for your response,
I did some more searching on the DQ issue... it seems like it is a term applicable only to consular processing. When a visa applicant has responded to something like an RFE by sending a form DS2001 AND has cleared all background checks - he/she is called "DQ".
The equivalent for AOS cases may therefore be
- Completed and signed I-485 + Fees
- All initial evidence sent such as medical etc.
- Background checks cleared (or 180 days have passed)
My guess is DQ does not mean pre-adjudicated (I hope so...)
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
Thanks for your response,
I did some more searching on the DQ issue... it seems like it is a term applicable only to consular processing. When a visa applicant has responded to something like an RFE by sending a form DS2001 AND has cleared all background checks - he/she is called "DQ".
The equivalent for AOS cases may therefore be
- Completed and signed I-485 + Fees
- All initial evidence sent such as medical etc.
- Background checks cleared (or 180 days have passed)
My guess is DQ does not mean pre-adjudicated (I hope so...)
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