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  • GCOP
    11-08 03:23 PM
    The main reason for EB-3 Problem is LIFE ACT (245i act of year 2000) which allowed approximately 345,000 people to file for Adjustment of Status (Green cards). There was no separate quota approved by congress for these applicants, which resulted in using the regular quota ( limited 3000 + numbers of EB-3 India) since year 2001 to 2008...... and still in progress.
    As per the DOS data, Total of 111,876 EB immigrant visas have been issued to EB-3 (India) from year 2001 to 2008, BUT EB-3 (India) Priority Date is still in year April 2001 (as most of these visa numbers were/ are being issued to 245i applicants and their relatives at US Consulates abroad.
    We have no problem with 245i applicants or their relatives BUT those visa numbers should not be counted against the EB Visa quota.





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  • immigrationmatters30
    04-29 09:13 AM
    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)



    Well, he has one now (or at least some sort of frame work)
    http://immigrationvoice.org/media/SenateDraftProposal.pdf

    Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!





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  • delhirocks
    06-25 12:51 PM
    Regarding your 1st issue...My lawyer advised me to attach the scan copy with 485, but definately have the originals in hand in case there is a RFE.

    I don't want to take a chance, so Iam asking my parents to send it through 2nd day fedex as well. It will cost me maybe another Rs 2-3000, but what the hell..

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.





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  • ganesha
    07-31 06:09 PM
    http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/56_days.jpg

    USCIS - Redesigning USCIS.gov (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a4e522e97ccc2210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)



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  • InTheMoment
    05-02 11:25 PM
    janakp,

    Almost 100% of your posts have this putting_cold_water on_ones_enthusiasm flavor to it.

    Know that there is a skill in even lettting your "pearls of wisdom" be delivered in a non-negative but effective fashion.

    For once learn it !





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  • la_guy
    01-10 06:47 PM
    Find the link below...

    http://numbersusa.com/interests/legislation_proposed110.html

    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&


    I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.



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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.





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  • gc28262
    03-25 03:52 PM
    thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.

    Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.



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  • p1234
    10-05 11:44 PM
    Congrats!

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...

    after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D





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  • canmt
    10-26 11:07 AM
    Submitting AR-11 does not help but it is required. I did submit AR-11 still went to my old address. But my EAD/AP approvals came to my new address bcoz of change of address submitted through USPS. USCIS sent me all the confirmation that I have successfully changed my address for EAD/AP petitions, but still managed to send them to my old address.

    I hope it helps.

    sathyaraj:

    * Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?

    * Did you get any confirmation from USCIS on both occasions?

    * Did you call USCIS customer service and update them with your new address after sending them AR-11?



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  • redcard
    08-20 09:22 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?

    You have been current for a long time based on your profile.. did you check what is the status of your I485 application





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  • validIV
    03-17 04:36 PM
    I don't remember immi status even coming up during mortgage appli!

    It comes up on the loan application when it asks if you are a US Citizen.



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  • vin13
    10-26 01:31 PM
    My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
    Does she need French transit visa ??

    I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.





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  • garybanz
    03-09 11:35 AM
    thanks all for suggestions
    His company is filing for LCA today and will see where it takes

    It's probably going to be too little too late to just file an LCA now.

    I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.



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  • qualified_trash
    11-07 03:52 PM
    Gcneeded,

    Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.

    If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!

    RR
    actually, they should need no supporting docs on subsequent visits (my parents came the first time with supporting docs). the second time, just the ticket and that was after 9/11 so...........

    GCneeded seems to be inordinately concerned about supporting docs etc......





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  • jkays94
    05-30 11:14 PM
    My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?

    I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.



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  • setpit_gc
    06-05 04:56 PM
    I got another soft LUD today (06/05/2009)





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  • coopheal
    04-23 09:12 PM
    I understand the 10-day rule, but when does the clock start?
    The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.

    LT

    As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.





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  • sammyb
    02-26 10:48 AM
    Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...

    So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'

    hope this helps ....

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.





    needhelp!
    10-10 05:41 PM
    time to move on...





    eb3_nepa
    02-18 11:17 AM
    Your reasoning is nearly correct. But you are missing Two points:
    1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
    2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

    Am I making much sense ?

    My point here is:

    Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.

    Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.



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