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Ahimsa

08-10 11:11 AM

good point which has been overlooked.

thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.

Please also note:
Gor GC waiters, the child tax credit will not be available for kids under age 1.
In Oct 2004, my kid was 6 months when she landed in US.
When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
This year 2006, I could include her after getting her an ITIN.
In short, child taxation issue is there only for one year at the maximum.

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indio0617

03-09 10:09 AM

both amendments J-1 and removal cap for Nurses (India) will pass

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pappu

09-09 12:05 AM

Withiin 2 hours of posting this message, late in the night we have got 8 people contributing $100 each. Thanks for the spirit. I am sure with everyone's help we will reach our target sooner and can easily commit our resources for the rally.

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amits

07-19 12:59 PM

Thanks, kvsagar123!!
We need more supporters and contributers like you!!

I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.

I will make couple of friends to join IV and contribute.


July 19th : signed up for 50$ recurring contribution

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Junky

09-10 09:53 AM

:D:D:D:D:D
Looks like last night's particle accelerator experiement sent us back in time!:D

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JunRN

05-15 09:58 PM

Thanks for the reply. I hope that this time it gets approved. I think the best approach to this is to show the timeline of your petition and I-485, with accompanying evidence for each point in time.

I guess that the supervisor of the IO processing your case did not even bother to review the MTR. As I understand (correct me if wrong), MTRs go to the same IO who denied your case but it has to be reviewed and approved by the Supervisor.

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r_mistry

01-14 11:13 AM

How can we find out the current processing date for AP ?

You can check the dates on this link,

https://egov.uscis.gov/cris/jsps/ptimes.jsp

Hope this helps,

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pdakwala

03-08 01:07 PM

Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration

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pmpforgc

03-07 09:22 AM

Not a single person on this thread criticizing will ever go back however much painful the greencard wait is. This is a ugly truth.

Life in USA is far better than India and will always be until India controls its population, curroption and poverty.

Unless india address issues of Population Growth ( now it is hard to walk in many places in big cities), Morality of the Peoples (govt can not do any thing about this, we as a people always take shortcuts aslong as it does not affect us personally !!!) Broken Judicial system ( Recent statement of supreme court tells they have enough court case to deal per judge for next few decades !!) Purity of air, water,milk, Increasing corruption and detoriation in quality of education (because of priviatization we have engineering , pharmacy and other technical education colleges in every village, 95% of them dont have faculty, labs etc and only care for profit, you can graduate as long as you pay fee for admission and pay fee for their annual due) (that is why our 90% of engineers are UNEMLOYABLE) THERE ARE many other issues to list here but all we know

If you go to our home country for short visit, you will probably like it , if you stay there more than three months and try to settle there again, you will start comparing all above to US and might feel that you made wrong choice of abondoning your GC process

Also in money we make in some big cities in our home country we can not buy a decent home to live in as real estate prices are so INFLATED and there is no body which regulates real estate in India. Prices double evey day. I dont know how local middle class which hardly make 2-3 lac per year can afford such properties.

After living long time in other country, it will be hard to adjust with people there. You will always face morality issue, duplicity in the people (what they talk and what they act, it is hard to trust) also artificial and selfish nature of so called social relations in home country (of which all we are proud of some how ) I find people and social relation here more frank and trust worthy (they are more open and close to reality) then our social structure where evry one try to take advantage of other some how under the so called social relations

So think three time about all these issue of long term before you try to abondon your GC process. All these isssues you will be facing in our home country no matter how much money you make. On long term your choice might hurt you. If you are fed up with immigration issues here try to open up other avenues for you along with this country.

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eb3july2003

04-17 07:55 AM

I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006

2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007

3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011

5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)

6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)

Wish the very best to everyone else waiting on the GC line.

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nixstor

06-10 12:24 PM

Just to summarize what's going to happen with VB in final Quarter.

Two words: Nothing Positive

CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.

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ameryki

01-20 08:44 PM

But I don't have 4 weeks. I have to travel on january 29th.
Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.


I am not a lawyer...but I have read in threads here that people have had their friends or family mail them the AP approval prior to coming back and had no problems getting in. I think this will be your best option.

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GCAmigo

02-23 07:18 PM

What is LUD

Lost Until Death!

~GCA

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Milind123

09-13 04:38 PM

GCNaseeb, Appreciate your contribution. Read your signature. It says
"Contributing to US Economy since a Decade; still No Green Card."

People, This is exactly why we are going to the rally on Sept 18th. Are you one of the people who carry a similar signature if not in your IV posts but in your mind? I do. And I don't like it, and I would like that changed.

Please contribute; unless you pull the trigger, we are not going to find the third person.

As I was writing this post, sunty took the 2 fire. 2 more to go.

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Mouns

04-30 02:31 PM

Nothing works for me. No visual / No audio. Nothing... :mad:

I had to clear my cache, 'Save the link As' and then launch it from outside my browser. I have a visual, nothing is happening. No sound at this point.

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ashutrip

06-17 02:02 PM

not sure why is this question imp , but it's nov 2006 .....
nov 2006 still pending!!!
Man, mine is march 2007.....guess I will miss the bus......cuz as per my lawyer dates will retrogress in october big time

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sam2006

09-15 01:23 AM

thanks Zappy pvhemanth :)

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sri1309

08-13 07:45 PM

Guys,

We saw the September bulletin..
We knew what to expect..
But we were all a little hopeful to see some miracle happen.
And we were doing this every month.

NOW comes the count down we all were waiting for the last few months. Oct bulletin. In that, most of us are expecting some good news.. But what if it moves 3 months forward.. What if it moves 2 years forward. Then it will stop there for next 1 year, while we check every month.. Then it moves back.. Do we want this..
Its not going to make much difference to most of us here.
THIS IS THE TIME TO ACT NOW. We must all do some campaign may be flowers, may be cards, or I donno.
I have written today to all the six members or reps to help us, but a bunch of mails will not help. JUst imagine if all the people in waiting sent the letters. Imagine 100,000 mails going to each of them, or 100,000 flower bouquets going to all.
Please please, lets act now. These small fixes cannot help us. If they want to put any quota limit, that should be at the main entry level whatever the non-immigrant category. Not at the other point when people start applying for GCs and suffocate here. We dont deserve this.
Please Lets act now., ONce again.. We did it in the past and it helped..
We need to do it again... Together we can do it. Together ONLY we can do it..

EB2 guys and others who got approved.. Please dont forget what you went thru. Please put more efforts and help all in case you can .

Sri.

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bigboy007

06-03 01:35 AM

I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

Here it goes :

There are two important sections of Student visas.

this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====

(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";


================================================== =====

what does (c) in Student visas do :

214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

As stated in US code of Law this is what it is :

================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

================================================== ======

By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

This is how : when (d) of the above Student visa section is applied this is how it turns :

This is from US code of rules pertaining to 8 U.S.C. 1184(h)

(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

================================================== ======

Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

*******************

But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.

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nixstor

04-30 03:07 PM

SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before @001 pd's.:mad:

Aytes said " We are moving towards processing based on the shift in priority dates"

what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status

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satyasaich

03-09 01:33 PM

Requesting All the moderators

For those who follow NPR news, there is diane Reem show tomorrow on NPR radio and the subject is immigration reform.
It will be a good chance to make some sensible calls, but requesting to make a limited number of calls with clairty in questions, probably one at a time

Certainly a good chance (not to miss) so that our concerns can be heard across the country


If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines

Again, not too sure if I understood it right

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