wikipedia_fan
04-09 03:11 PM
Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.
Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW
I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.
Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW
wallpaper 1999 Honda Civic Si - Coupe Du
snathan
06-16 11:21 PM
what about 221(g)?
I would say all issues related to re-stamping. I am not sure how any particular issue can be addressed. Lets see...
I would say all issues related to re-stamping. I am not sure how any particular issue can be addressed. Lets see...
gapala
07-19 08:53 PM
I would urge you to change the title as most of your problems are due to your own decisions and not due to agency.
back to your post
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
That is correct. Every visa has an intent and purpose that is why there are several types of visas. If the intention is to immigrate, absalutely they will not issue B1 no matter what the applicant say during the interview.
Consular processing is a long shot, best bet is as someone else said in the post
Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
IF the dates retrogress, you may have to talk to prospective employers who will sponsor H1B and then bring her back to US on H4.
I will pray and hope that you will get GC soon and your spouse be able to join you.
And last, Be little considerate in the forum and little deplomacy to express the ideas will help communion with fellow IV members smooth. I do get a feel of "arrogance" reading your posts and does not fit the status co and not very useful to get ideas to solve your problems.
back to your post
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
That is correct. Every visa has an intent and purpose that is why there are several types of visas. If the intention is to immigrate, absalutely they will not issue B1 no matter what the applicant say during the interview.
Consular processing is a long shot, best bet is as someone else said in the post
Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
IF the dates retrogress, you may have to talk to prospective employers who will sponsor H1B and then bring her back to US on H4.
I will pray and hope that you will get GC soon and your spouse be able to join you.
And last, Be little considerate in the forum and little deplomacy to express the ideas will help communion with fellow IV members smooth. I do get a feel of "arrogance" reading your posts and does not fit the status co and not very useful to get ideas to solve your problems.
2011 1999 Honda Civic Si - Coupe Du
Siboo
07-27 03:06 PM
I am July 2 filer...
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
It is not late now.
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
It is not late now.
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
more...
tabletpc
01-04 02:12 PM
Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
rkotamurthy
10-11 05:21 PM
I was in the same boat -stuck in DBEC upto July 20th. I just scrapped thru and filed AOS Just-in-time.
For all those stuck in BEC and missed the July 2nd- Aug 17th window, please be assured that IV has not forgotten about you. One of the items IV has always been pushing for is "ability to file AOS (I-485) when Visa number is not available".
Please remember - Not doing anything about your GC situation is not an option
For all those stuck in BEC and missed the July 2nd- Aug 17th window, please be assured that IV has not forgotten about you. One of the items IV has always been pushing for is "ability to file AOS (I-485) when Visa number is not available".
Please remember - Not doing anything about your GC situation is not an option
more...
vinzak
12-21 12:07 PM
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
2010 1999 Honda Civic Si Coupe
emulux
12-29 01:38 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
more...
sbabunle
03-18 11:28 AM
Lawsuite may not work in all occasions. If visa's are not available how can USCIS approve a petition? The law say a VISA should be available in order to approve a GC.
hair 1999 Honda Civic Si Coupe
chanukya
06-03 05:39 PM
Let's make it to Rank 2 or 3 in Batlle Royale.
spread the word ....outside IV also....
spread the word ....outside IV also....
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delax
08-05 09:30 PM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
hot Advan Honda Civic Si Coupe
tabletpc
01-06 01:24 AM
Venky08,
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
more...
house 1999 Honda Civic Si Coupe
adibhatla
01-12 11:49 AM
�Permit to re-enter (valid for two years. This document guarantees the holder�s return only if his stay outside the USA has not exceeded two years),
Can't this be construed as AP doc.??
Can't this be construed as AP doc.??
tattoo 1999 HONDA Civic Si Coupe
eilsoe
02-03 03:33 AM
Ah.. finally placed my vote... :)
and it was NOT on myself, ask kirupa to check if ya don't believe me :P
and it was NOT on myself, ask kirupa to check if ya don't believe me :P
more...
pictures 1999 Honda Civic Si Coupe
h1bmajdoor
09-03 09:50 AM
To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
dresses 1999 Civic Coupe (EM1)
desi3933
06-19 10:33 PM
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
Pay stubs are for the current job, whereas GC is for the future job. You will need EVL fom employer. I suggest that you talk to YOUR attorney and he/she will tell you that.
However, you can get EVL on the pretext of visa stamping, Drivers License renewal etc. Making your next move tactfully.
Somehow, I do not see any good reputation for Desi Consulting Company on these forums. I worked for non-Desi company, so I am not aware of all these politics.
Not a Legal advice.
----------------------------------
Premanent Resident since May 2002
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
Pay stubs are for the current job, whereas GC is for the future job. You will need EVL fom employer. I suggest that you talk to YOUR attorney and he/she will tell you that.
However, you can get EVL on the pretext of visa stamping, Drivers License renewal etc. Making your next move tactfully.
Somehow, I do not see any good reputation for Desi Consulting Company on these forums. I worked for non-Desi company, so I am not aware of all these politics.
Not a Legal advice.
----------------------------------
Premanent Resident since May 2002
more...
makeup 1999 Honda Civic 2 Dr Si Coupe
seeking_GC
11-05 01:12 AM
If you look at the pending data by USCIS, there is a huge bump >4K in March 2005 so for Eb2I to cross that will be a significant milestone.
girlfriend 1999 Honda Civic Si Coupe
shivapb80
06-05 12:15 PM
Thanks wahwah. I am quite sure that this memo is good for us. But I am waiting for some laweyers e.g. Oh or Murthy to confirm that. I am keeping my fingers crossed. In the meantime if someone comes across an updated AFM then please let us know.
hairstyles EM1 -1999-00 Civic Si Coupe
redcard
09-15 08:34 AM
What kind of job is that that pays $$$ an hour? LOBBYING ? :)
working for Halliburton ?? or being an immigration advisor :)
working for Halliburton ?? or being an immigration advisor :)
insbaby
12-13 06:07 PM
All,
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
nogc_noproblem
06-05 05:24 PM
I also would like to hear from others about this question.
Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?
"The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?
"The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused: