CADude
07-23 05:27 PM
Will wait couple of weeks? worse come worse, will refile in Oct (by than USCIS will take some decision :))
My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.
My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.
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hara_patta_for_rico
07-09 07:05 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
senthil1
03-09 12:46 PM
Total H1B from India is around 52k in 2008. But china is less than 10k in 2008. This was the trend for past 5 years. Soon china EB2 and EB3 will be within acceptable waiting time will be less than 4 years and India waiting time will be 9 to 10 years.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
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abhijitp
07-24 12:16 AM
Pappu, Others:
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
more...
tawlibann
03-18 11:00 PM
:D
I agree. Let's forget about this misunderstanding. As to the current topic, here is also Greg Siskind's opinion (his blog) which I just found:
On the Visa Bulletin, DOS' Charles Oppenheim has the difficult job of trying to move the priority dates exactly enough to get the maximum number of visas issued in the fiscal year. In years past, hundreds of thousands of visas were wasted because of forecasting problems. It's one of the reasons behind last summer's mess. There is no grand conspiracy on Mr. Oppenheim's part to try and disadvantage any group or deliberately shortchange the immigrant community. So I'm going to assume that the moving around of the numbers was done with the goal of squeezing out every last visa of the 140,000 available.
There probably really isn't any conspiracy or wrongdoing on DOS's part with regard to the last bulletin, and I do hope they do their best to use visas efficiently so that everyone becomes Current sooner rather than later. Maybe they should just do a better job at explaining information and educating people, so that one group doesn't think they're becoming disadvantaged and start doing foolish things.
I agree. Let's forget about this misunderstanding. As to the current topic, here is also Greg Siskind's opinion (his blog) which I just found:
On the Visa Bulletin, DOS' Charles Oppenheim has the difficult job of trying to move the priority dates exactly enough to get the maximum number of visas issued in the fiscal year. In years past, hundreds of thousands of visas were wasted because of forecasting problems. It's one of the reasons behind last summer's mess. There is no grand conspiracy on Mr. Oppenheim's part to try and disadvantage any group or deliberately shortchange the immigrant community. So I'm going to assume that the moving around of the numbers was done with the goal of squeezing out every last visa of the 140,000 available.
There probably really isn't any conspiracy or wrongdoing on DOS's part with regard to the last bulletin, and I do hope they do their best to use visas efficiently so that everyone becomes Current sooner rather than later. Maybe they should just do a better job at explaining information and educating people, so that one group doesn't think they're becoming disadvantaged and start doing foolish things.
ashkam
07-24 12:31 PM
employment letter is not part of initial evidnece per the FAQ issue by USCIS on 07/23/2007. Only signatures and exact fee amounts are part of initial evidence. Sit back and relax now.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.
more...
ya3
03-08 01:07 AM
hmm... I may join... If I get time. We'll see :D
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
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Ramba
07-04 09:15 PM
Rambha:
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.
more...
masouds
02-15 04:24 PM
Are you sure this is the reason why they have per country limits :confused:
Or you dont want that way :D
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
Or you dont want that way :D
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
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RaviG
07-05 01:56 PM
Why don't IV put a sticker next to paid member Id? That might inspire people.
more...
logiclife
12-20 05:50 PM
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
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JunRN
05-28 07:45 PM
I was checked by immigration authorities when i was comming from San diego to Los Angeles. Near the check post there were signs to go slow for imigration checks. One border patrol car came besides me and waved his hand to pull towards the curb. I changed my lanes and also helped the border patrol to change his lanes towards the shoulder. He got down from his car and asked me what is my status I told H1B. I showed him my ID card and told him to check my status through my ID card. He returned my ID card and let me go. (I don't know why they let me go maybe my name is spanish and my last name is british)
Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.
J thomas
I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.
May I ask, do you happen to have out of state licence plate?
Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.
J thomas
I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.
May I ask, do you happen to have out of state licence plate?
more...
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rennieallen
03-05 07:41 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
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jsb
08-15 04:21 PM
What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?
more...
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ajthakur
07-14 06:30 PM
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
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jonty_11
06-06 04:50 PM
A friend of mine (from India) got his GC approval notice on 6/3. Here are the details:
LC PD - April 12 2003.
I-485 RD - June, 07, ND - July 16th 2007.
Filing Center - NSC
Received RFE 5/14/08.
Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
6/03 received email about card production ordered.
Congrats to all those lucky souls.
any idea on waht the RFE was?
LC PD - April 12 2003.
I-485 RD - June, 07, ND - July 16th 2007.
Filing Center - NSC
Received RFE 5/14/08.
Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
6/03 received email about card production ordered.
Congrats to all those lucky souls.
any idea on waht the RFE was?
more...
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singhsa3
03-04 10:58 AM
Folks,
I need some help from anyone willing.
There are too many media and I can't cover them all.
Please feel free to replace my name by yours and get the ball rolling.
We won't know unless we try. Don't be discouraged by skeptics, they do serve a purpose by making us think from all angles.
So please, if you can please this to local media and hope someone will take note of it.
So far I have covered,
WSJ
CNN
Foxnews
Realtor
Seeking Alpha
Left voicemails for WSJ and Realtor
I need some help from anyone willing.
There are too many media and I can't cover them all.
Please feel free to replace my name by yours and get the ball rolling.
We won't know unless we try. Don't be discouraged by skeptics, they do serve a purpose by making us think from all angles.
So please, if you can please this to local media and hope someone will take note of it.
So far I have covered,
WSJ
CNN
Foxnews
Realtor
Seeking Alpha
Left voicemails for WSJ and Realtor
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return_to_india
05-26 09:42 PM
..... theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
.....
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
.....
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
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rajuram
11-11 10:33 PM
With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...
nixstor
07-18 12:58 AM
Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.
amitga
02-08 03:26 PM
What a waste of numbers.
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