romeshtrisal
09-20 07:40 PM
I filed I-485, I-131, I-765 for myself, my spouse and my 10 year old daughter. The papers were received at NSC on 30th July, 07. Three days back we received all the receipt notices with receipt date shown as Aug 1 and notice date shown as sept. 10. All fine so far.
I then went to USCIS site to check on-line status, but here was the surprise. It gave the correct status of all the receipt notices, except that of I-485 and I-131 for my daughter. When I key in her receipt nos., I get the message that these nos. don't exist and I should enter the correct no.
Now what is that? How come my and my spouse's record is entered but not of our daughter's inspite of the fact that we have her receipt notices with a proper receipt no.
Can someone suggest what could be the reason and what course of action I need to take so that the situation is corrected. Help please
I then went to USCIS site to check on-line status, but here was the surprise. It gave the correct status of all the receipt notices, except that of I-485 and I-131 for my daughter. When I key in her receipt nos., I get the message that these nos. don't exist and I should enter the correct no.
Now what is that? How come my and my spouse's record is entered but not of our daughter's inspite of the fact that we have her receipt notices with a proper receipt no.
Can someone suggest what could be the reason and what course of action I need to take so that the situation is corrected. Help please
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desi3933
07-09 11:01 AM
The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
dtekkedil
07-06 12:50 PM
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
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coolcat
06-12 11:13 AM
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
Filed on June 1st. Still waiting for receipt.
Filed on June 1st. Still waiting for receipt.
more...
GCDream
07-20 08:48 AM
I pledge $100
santhu
07-03 04:13 PM
Hi Everybody
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
more...
Edison99
02-01 02:10 PM
asdcrajnet, very sorry to hear but good luck with your new efforts and live peacefully!!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
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OLDMONK
07-02 10:31 AM
Jul 2, 2007 9:01 AM
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Signed: R Mickels.
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Signed: R Mickels.
more...
TeddyKoochu
09-24 08:34 AM
my dear friend come back in reality..... to put it least harshly... �khayali pulav banana band karo� (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
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belmontboy
07-20 02:43 PM
Guys, Please don't fight.
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
more...
seahawks
10-08 03:24 PM
I think "speaking change" versus working together to bring about change is where we all need to think. All of us have our own priorities and including me sometimes miss the point and sit in the sidelines. Make no assumptions, if we can't come together or put in hours of work specifically to support IV, everything will just remain a dream. We need to start taking initiatives and working towards a common goal to fix the broken system. We may disagree on things here and there and IV cannot support or take every position dear to us as an organization. We need to think as a community for the community and not purely my case or your case:)
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delax
07-27 01:48 PM
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
more...
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h1b_slave
06-18 02:39 PM
My lawyer sent I-485 docs to Vermont Service Center, which they received on 5th June but No Receipt or No Checks cashed yet.
Has anybody who sent to Vermont received any update ?
Anybody in same boat ?
Thanks
Has anybody who sent to Vermont received any update ?
Anybody in same boat ?
Thanks
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NKR
04-25 08:28 PM
Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.
Yes, he will recover it and say that he never got paid so he can keep all that to himself.
Yes, he will recover it and say that he never got paid so he can keep all that to himself.
more...
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godspeed
07-24 03:12 PM
sriwaitingforgc ,
i guess so, everything is random here
i guess so, everything is random here
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manderson
10-05 10:34 AM
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
more...
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sayonara
09-07 11:28 AM
Since they got transferred to CSC, they start with WAC.
Hope that helps..
Hope that helps..
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amits
07-20 12:08 PM
Aman, Hats off to you!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
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bigboy007
08-13 03:29 PM
That's great, I guess Texas is moving now..:)
i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?
i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?
test101
07-09 10:41 AM
I found this in the one of the forums.. please people contact the report have people hear us.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
vina92
12-10 09:38 PM
I am a physician working in underserved areas in MN. I am greatly appreciated
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
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