vindas
09-02 02:56 PM
Landed in US on 31st March 2002
Applied Labor ( RIR) in Sept 2003 in EB3
Got Labor approval in 2007
Filed I-140 in premium and got the approval in 15 days.
Filed I-485 in July 2007
Invoked AC 21 and changed employer in 2009
Got the 3rd EAD renewed
Still waiting with new hope every year
Applied Labor ( RIR) in Sept 2003 in EB3
Got Labor approval in 2007
Filed I-140 in premium and got the approval in 15 days.
Filed I-485 in July 2007
Invoked AC 21 and changed employer in 2009
Got the 3rd EAD renewed
Still waiting with new hope every year
manderson
09-25 10:38 PM
i think AC21 doesnt impose a limit on the number of hops ...
can u provide source where u saw this?
i never saw such a limit anywhere but i wouldn't be surprised if frequent job-hops raise red-flags during adjucation.
i am also interested in the post-AC21 continued employment issue (indianguy's original question)
thanks
can u provide source where u saw this?
i never saw such a limit anywhere but i wouldn't be surprised if frequent job-hops raise red-flags during adjucation.
i am also interested in the post-AC21 continued employment issue (indianguy's original question)
thanks
chakdepatte
01-07 09:43 AM
Approach ur credit uniion. they will eventually sell ur loan to BAC or the big banks.
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
my friends were on H1. I was on EAD but all I had to provide was my credit score, 6 months paychecks, company history and indicate that my green card is in process. lender was happy that green card is in process. she got terribly confused when I mentioned LC, 140 and EAD. Be careful with words you use becuase the lender or anyone at walmart or honda are not that educated about the pains of GC process and not that they are bad and dont want ur business.
I am also not surprised on reading this thread because our local citizen friends (bankers et al) get pi$$ed off to learn that I dont have a green card and we own homes becuase we are perfect candidates to walk off in a foreclosure with nothing to worry.
on a serious note - if on H1 and no EAD. think twice before buying a house. Job Markets are becoming unfriendly for H1 holders.
God be with you.
-Oye Chakdepatte
sunofeast_gc
07-23 06:15 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation.
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation.
more...
santb1975
06-17 03:14 PM
Wandmaker and Green.Tech - Thankyou for your leadership towards this funding drive
amsgc
06-05 10:25 PM
Lets make it happen folks!
more...
SDdesi
08-12 12:48 PM
here comes another one..... keep it coming....
we are just too far off from the reality..... arent' we
I am for any reasonable solution for the EB community my friend....
we are just too far off from the reality..... arent' we
I am for any reasonable solution for the EB community my friend....
singhsa3
09-11 04:53 PM
I just got red dot from someone. My freind why not you reveal yourself . I am just suggesting some ideas, if you don't like it please have courage to discuss in open.
more...
navkap
07-15 11:19 PM
Count me in ---- I am in southern CA (in beautiful Los Angeles Area)
bp333
03-04 11:11 AM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
more...
aerady
05-09 08:52 PM
Thanks for your reply. Infact I talked to the manager(Supervisor) at two DMV locations in Houston TX. First one only told me about this rule. At second place, since I insisted they showed me the rule in writing. I also expressed my frustration asking what kind of rule is this? They just washed hands saying they didn't make the rule and put the blame on texas legislature and parliament! Anyways will try your written rejection letter option.
Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?
Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?
conundrum
04-30 03:17 PM
the chair person has just asked the best question of the day, about EB2 person having to wait even though the DOL has approved their case
more...
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
ca_gc
12-27 08:17 PM
My case is not yet approved, I Filed on Aug 01 st, Vermont Service Center.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
I think , if your I-485 is approved while you are out of US, then you are not supposed to enter on H1. Till that time, you can use AP to enter US, if you prefer.
Can you really go for H1 stamping when you are coming back on AP.
As far as I know, you should not use H1 at port of entry while coming back, if you do that your green card will be aboundend. Gurus please currect.
If you are not coming back on H1, then why are you going for stamping?
I think , if your I-485 is approved while you are out of US, then you are not supposed to enter on H1. Till that time, you can use AP to enter US, if you prefer.
more...
Karthikthiru
09-09 12:32 PM
Just contributed another $ 100 for the Sept 18th rally. Already sponsored a ticket for a person for the rally. I cannot attend the rally because I have a son who will be joining pre-school from Sept 17. So I need to be in stay in Dallas for the first week or so from Sept 17th
Karthik
Karthik
InTheMoment
07-18 02:07 PM
Adjudication means the process of an adjudicator going thro' your file to see whether you are eligible for adjustment!
Here pre-adjudication means irrespective whether the PD is current or not or availabilty of visa numbers the adjudication process continues.
In other words even though visa numbers are "U" till October they would not simply warm their seats but do something !
See http://www.imminfo.com/resources/cissop.html
Here pre-adjudication means irrespective whether the PD is current or not or availabilty of visa numbers the adjudication process continues.
In other words even though visa numbers are "U" till October they would not simply warm their seats but do something !
See http://www.imminfo.com/resources/cissop.html
more...
gcadream
03-01 04:09 PM
There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.
So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.
Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.
In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!
There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.
So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.
Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.
In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!
w3313
03-31 01:06 PM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
I couldn't agree more, how come any immigration rules in britan should have any thing do with USCIS ? any time we have a problem with USCIS or in general US policy there are few people who want to jump in and comapre the rules and other stuff with rest of the world. This is not how an issue should looked at people came here because they thought this country encourages immigrants what I want see is let this country talk the talk and walk the walkif they don't want to give green cards or fix H1b porblems just say we no longer need any immigrants we have gained every thing we want from the immigrants and we are ok now when we need talent and work force we will call everybody , I am sick of this I could go on but .....
Their problems doesn't make me smile here. I want solutions to my problems.
I couldn't agree more, how come any immigration rules in britan should have any thing do with USCIS ? any time we have a problem with USCIS or in general US policy there are few people who want to jump in and comapre the rules and other stuff with rest of the world. This is not how an issue should looked at people came here because they thought this country encourages immigrants what I want see is let this country talk the talk and walk the walkif they don't want to give green cards or fix H1b porblems just say we no longer need any immigrants we have gained every thing we want from the immigrants and we are ok now when we need talent and work force we will call everybody , I am sick of this I could go on but .....
JDV
07-19 02:29 PM
Hi Folks,
I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
Regards,
I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
Regards,
bestofall
09-12 04:48 PM
for any IV core agreed plan
surabhi
07-18 05:45 PM
Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.
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