somegchuh
12-18 04:53 PM
2,
I completely understand your pain. I have been here since 1998 and have a EB2 PD of 2002. And the dates are back to 2000. It seems like I can never get the ducks in a row. First my case gets stuck in PBEC. It take me 4+ years to get out of it. Then the RD at NSC is not current. When the RD turns current the PD retrogresses. Off course not to mention that I am waiting for name check to clear. The process is not linear. Some ppl are able to get thru it all in a very short time and some are stuck for years and years.
I have gone thru some of the depression that you talk about. The only way out for me to realize was that either I take it or leave it. That's how I view the whole process. If I am going to take it then I need to have a plan for what I am going to do with my GC. I know one thing for sure, I am going to take a long vacation as soon as I get it :) Just getting too old and tired for the same old same old.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I completely understand your pain. I have been here since 1998 and have a EB2 PD of 2002. And the dates are back to 2000. It seems like I can never get the ducks in a row. First my case gets stuck in PBEC. It take me 4+ years to get out of it. Then the RD at NSC is not current. When the RD turns current the PD retrogresses. Off course not to mention that I am waiting for name check to clear. The process is not linear. Some ppl are able to get thru it all in a very short time and some are stuck for years and years.
I have gone thru some of the depression that you talk about. The only way out for me to realize was that either I take it or leave it. That's how I view the whole process. If I am going to take it then I need to have a plan for what I am going to do with my GC. I know one thing for sure, I am going to take a long vacation as soon as I get it :) Just getting too old and tired for the same old same old.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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Maverick1
10-09 05:10 PM
"Sorry, we are closed now." ???
Heck, no !!! I want fries with that !!!
With transfat or without transfat ?
Heck, no !!! I want fries with that !!!
With transfat or without transfat ?
coolcat
06-18 11:15 AM
How long you guys think it will take to get EAD and AP for June1st fillers..
https://egov.uscis.gov/cris/jsps/ptimes.jsp has processing times for each of the service centers.
Late last week, they've posted the dates as of June 15th. Unfortunately the dates have gone back like crazy (especially NSC).
https://egov.uscis.gov/cris/jsps/ptimes.jsp has processing times for each of the service centers.
Late last week, they've posted the dates as of June 15th. Unfortunately the dates have gone back like crazy (especially NSC).
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h1techSlave
06-29 07:58 AM
The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.
As per I-9 form
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
As per I-9 form
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
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narendra_modi
02-09 11:54 PM
Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW
hahaha...who said that..I am here with you sitting with you guys - in the heart of capital of the world ....I don't need any entry permit ....And in India, no body can dare me even touch to me..they know the consequences ....Sooner or later you will see me in New Delhi's PM chair..believe it or not ..Let them indict me in Godhara & post Godhara & world will remember that day as a turning point of Indian politics !!!
hahaha...who said that..I am here with you sitting with you guys - in the heart of capital of the world ....I don't need any entry permit ....And in India, no body can dare me even touch to me..they know the consequences ....Sooner or later you will see me in New Delhi's PM chair..believe it or not ..Let them indict me in Godhara & post Godhara & world will remember that day as a turning point of Indian politics !!!
rc0878
09-23 09:42 AM
Quick question for thosewho have already recieved their receipt notice????
What does the priority date column say on your receipt notices? I mean does it show the actual priority date or is blank????
I am happy to announce that I have received the EAD cards today (just like rc0878 had suggested). I should not have doubted the encouragement and estimation of the experience here.
So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
Let me know if someone wants to ask any other information.
thanks again. :D
What does the priority date column say on your receipt notices? I mean does it show the actual priority date or is blank????
I am happy to announce that I have received the EAD cards today (just like rc0878 had suggested). I should not have doubted the encouragement and estimation of the experience here.
So, I received the EAD cards dated Sept 18th, expiry is one year from the issue date i.e. Sept 17th, 2008 (unlike someone else's cards which were valid for only 3 months).
Let me know if someone wants to ask any other information.
thanks again. :D
more...
morchu
05-08 02:36 PM
:) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
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EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
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Suva
03-25 05:52 PM
My PD is Dec 2004. I am hoping in 2010.
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arun_ramani
02-01 02:36 PM
Contributed $100 for Advocacy day. I will also inform few of my friends who can also contribute.
Best Wishes,
Arun
Best Wishes,
Arun
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FrankZulu
08-26 01:14 PM
CPO today. Case at local office. Had 1 interview where all documents for status and taxes were checked for the past 12 years. Never had a problem or gap in status and IO was surprised why the case came to local office. I was atleast happy that the interview is the worst thing that can happen and I am done through that.
After 3 infopass appts, 2 SRs in all have the CPO in hand.
Good luck all.
Was your Employer (GC Sponsoring) in any kind of trouble in past?
After 3 infopass appts, 2 SRs in all have the CPO in hand.
Good luck all.
Was your Employer (GC Sponsoring) in any kind of trouble in past?
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Mount Soche
01-14 09:21 PM
I'm just sharing what my attorney told me about AC21. He says that he always has his clients inform the USCIS (not that one has to but that's what he does for his clients). He says that apparently before the USCIS adjudicates the I-485, they tend to issue an RFE, just to make sure you're working or have the job offer etc. So an RFE isn't unusual or a problem, it's just routine. Also, he says to make sure that the old company makes the job fit. He said to check the codes from the labor cert. approval to see if the new job falls within the same category as the old. I certainly will use AC21 when I find a new job and I wish everyone luck whatever you decide to do.
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StarSun
02-04 09:46 AM
$49,200 to go.
Thank you members for contributing.
Thank you members for contributing.
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gc_maine2
04-21 08:12 PM
Sorry to see this news, May his SOUL rest in peace.. my prayers are for his family... This is a very shocking news.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
more...
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delhirocks
07-04 11:13 PM
Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
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ski_dude12
08-20 12:40 PM
My words exactly...
He should be happy that his case is atleast being looked at unlike others who really have no clue when it will be picked up.
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
He should be happy that his case is atleast being looked at unlike others who really have no clue when it will be picked up.
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
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capriol
09-13 03:10 PM
Create a new thread for TSC.
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
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perm
07-09 09:56 AM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
In for chicago. let me know doshhar. you'll still need 98 more
I can gather 100+ people from Chicago..
In for chicago. let me know doshhar. you'll still need 98 more
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rcr_bulk
09-10 10:32 AM
I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..
rdehar
10-08 02:48 PM
This should be #1 priority of IV.
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
GCDream
07-20 08:48 AM
I pledge $100
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