chanduv23
12-21 01:13 PM
Recently a friend of mine visited us in Houston and the purpose of his visit was that he surrendered his passports after getting his American Citizenship and waiting for the surrender certificate. He has been waiting for 2 months and still no luck. I am wondering why processing a surrender certificate takes such a long time?
I think that there is no proper process or people are not implementing it properly.
There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.
As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?
I think that there is no proper process or people are not implementing it properly.
There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.
As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?
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missourian
05-29 05:34 PM
Just I got the success message, it's working!!!
drirshad
06-05 05:06 AM
Things seems to be so messy that Ron has very cleverly avoided any speculation about the coming up visa bulletin.
http://www.immigration-information.com/forums/showthread.php?t=5185
Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.
Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.
This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.
If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.
If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.
Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.
We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.
Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.
It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.
Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.
The July visa bulletin should be out around Monday, July 14th. Let's see what happens.
http://www.immigration-information.com/forums/showthread.php?t=5185
Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.
Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.
This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.
If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.
If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.
Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.
We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.
Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.
It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.
Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.
The July visa bulletin should be out around Monday, July 14th. Let's see what happens.
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kpatel_29
12-20 02:33 PM
NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..
more...
gcisadawg
02-28 10:06 AM
"A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008."
It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?
It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?
Naveen
05-18 04:57 PM
Look at it this way -- An additional quota means more regular EB visa's to go around which will help all. Asking to give 20k more GC's for US Graduates will sound more easy on the ears than asking for a general 20k increase.
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raj3078
08-22 10:21 AM
It would be interesting to know....Wonder how credible their claim of State Dept official discussed with them about Visa Bulletin dates?
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H4_losing_hope
02-29 05:43 PM
I have sent the letters to both WH and to my state congressman who happens to be a co-chair of India Caucus.
Thanks for joining in the campaign :)
Thanks for joining in the campaign :)
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miguy
06-19 03:36 PM
when did you file your 485?
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Macaca
09-01 10:02 PM
Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
more...
JA1HIND
01-27 03:50 PM
You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
Thank you once again for your recommendation and trust me I am cloud 9 while reading suggestion by you & "mbartosik"....I just took a close look at my previous documents including pay stubs, signed contracts and my last detail email explaining how much I paid for GC (pay stubs clearly explains) and how much I paid & how I paid for the balance amount...which I sent to HR Manager & cc to CEO ..
Shame on me I couldn't even remember how much I paid until I saw my last email it was not 7K, the total amount I paid was $7.5K..
I checked with my current employer(since he is my friend too) & see if there will be any side effects by doing this..& he pretty much said I am at benefit side to for sure win the case since its clearly mentioned in pay stubs, your contract, & your last email which can be add on as supporting documents to help your case winning but I may have to also prepare myself if I had clean record since day one (year 2001) have pay stubs etc., in some cases DOL would be interested to know details from scratch and see if my records are straight even before knocking employer 2 door..
I know for the fact that I was out of my project when I came to US back in 2001 for 5 months and during that time I was not given pay stubs (it was pretty bad IT market at that time...)and later got into another project & if questioned by DOL for missing pay stubs then I may have to be prepared to answer any such questions.....and it might put me in trouble and
(2) second item I may have to think about it, after giving my resignation to this 2nd employer I continued to work at the same client on behalf of new employer and that it self is against the contract that I signed which my current employer reminded to me at that time and even now...& and based on that it might back fire on me from 2nd employer and asked me to decide if its worth of fighting or let it go........
any comments or suggestions please!!
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
Thank you once again for your recommendation and trust me I am cloud 9 while reading suggestion by you & "mbartosik"....I just took a close look at my previous documents including pay stubs, signed contracts and my last detail email explaining how much I paid for GC (pay stubs clearly explains) and how much I paid & how I paid for the balance amount...which I sent to HR Manager & cc to CEO ..
Shame on me I couldn't even remember how much I paid until I saw my last email it was not 7K, the total amount I paid was $7.5K..
I checked with my current employer(since he is my friend too) & see if there will be any side effects by doing this..& he pretty much said I am at benefit side to for sure win the case since its clearly mentioned in pay stubs, your contract, & your last email which can be add on as supporting documents to help your case winning but I may have to also prepare myself if I had clean record since day one (year 2001) have pay stubs etc., in some cases DOL would be interested to know details from scratch and see if my records are straight even before knocking employer 2 door..
I know for the fact that I was out of my project when I came to US back in 2001 for 5 months and during that time I was not given pay stubs (it was pretty bad IT market at that time...)and later got into another project & if questioned by DOL for missing pay stubs then I may have to be prepared to answer any such questions.....and it might put me in trouble and
(2) second item I may have to think about it, after giving my resignation to this 2nd employer I continued to work at the same client on behalf of new employer and that it self is against the contract that I signed which my current employer reminded to me at that time and even now...& and based on that it might back fire on me from 2nd employer and asked me to decide if its worth of fighting or let it go........
any comments or suggestions please!!
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Vsach
07-27 08:01 PM
You are being a jerk and don't encourage others to be:mad:
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CaliHoneB
05-30 07:24 PM
Voted Yes!
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roseball
08-23 10:00 AM
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
more...
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coolman
10-02 04:16 PM
Our papers(I-485) reached NSC on July 19th 2007.We are yet to get our receipts.Anyone in the same boat??
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easygoer
12-03 11:52 AM
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
WhiteStallion is right. I received ref on my EB2 due to combination of degrees. However, once filed with single degree as Master's it was approved
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
WhiteStallion is right. I received ref on my EB2 due to combination of degrees. However, once filed with single degree as Master's it was approved
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himu73
10-01 08:51 PM
I read on USCIS website update on Sept 28 that CSc is assisting TSC to enter the applications. My transfer notice states that application is still under TSC/ But I am also not sure which center will finally process
ANYONE else in this queue.
ANYONE else in this queue.
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fromnaija
02-20 06:42 PM
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
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sanju
07-19 10:58 PM
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
If your current employer is not ready to file H-1, you can find another "potential" employer and file a new H-1 from the another "potential" employer. Tell the new employer that 'premium filing' is a pre-condition for you to join them.
Everybody on this thread has advised you not to go B1 route because it WON'T work and it WILL complicate the situation.
Hope this helps.
If your current employer is not ready to file H-1, you can find another "potential" employer and file a new H-1 from the another "potential" employer. Tell the new employer that 'premium filing' is a pre-condition for you to join them.
Everybody on this thread has advised you not to go B1 route because it WON'T work and it WILL complicate the situation.
Hope this helps.
venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
GCwaitforever
05-08 02:40 PM
To all the sufferers, please pursue your case with vigor at every opportunity.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
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