om5454
01-22 12:28 AM
I was going thru your question, I am kind of in the same boat. My PD is Jan'04 in EB3. Filed 485 for self and wife in Jul'07.
Did you get answer to your question ?
Did you get answer to your question ?
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willwin
06-10 01:57 PM
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
I don't follow. Are you saying that DOS is disclosing VISA bulletin to IV (core members) even before the actual date of bulletin???
Pls take part in the call campaign and contribute funds to be able to find relief.
I don't follow. Are you saying that DOS is disclosing VISA bulletin to IV (core members) even before the actual date of bulletin???
gondalguru
07-11 02:11 PM
EB2 India and EB2 China will have same cut off dates. I recall reading the USCIS explanation (in one of those AILA - USCIS conference) regarding distribution of unused EB2 ROW numbers and they mentioned that they have to keep EB2 I-C same till those catagories become current.
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coolmanasip
08-23 03:05 PM
If implemented, would this cause audits/additional reviews of already approved I-140s? My 140 was approved in January 2007 in EB2 - Exceptional Ability/Advanced Degree. Hope this does not cause any issues for people like me....
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gbof
02-08 08:32 PM
you need to stop getting answers from others and solve this problem amicably with you wife. There is nothing better than a one-one discussion with her.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Please, do understand proper communication is not possible in circumstances like this and that is th root cause of frustrations ( I know it because I am still going through this). Also with a baby to think or ask for job require lot of intelligent planning at home.
Marrying is like buying a company, you have a moral obligation to account for any liabilities she may have.
Understand, she may have been the sole income earner in India for her parents. It doesnot hurt for you to send say 200-300 dollars every month. 700 dollars every month from your check is not that big deal (350 for each family). Don't make it a long term solution.
You have filed 485, what stops your wife from getting a job here?? Does she want to stay at home, watch TV and enjoy life? if she thinks that way, let her know, if she wants to send money to her parents long term, she needs to get out of house, find a job
Your wife should also have the heart to not burden you with financial requests. If she can get a job here, she should. If she earns money, its her's and its upto her how she spends that. If you can afford to tell her that, do it.
These are somethings that you folks should have thought by now and discussed. If not, then you know now
Please, do understand proper communication is not possible in circumstances like this and that is th root cause of frustrations ( I know it because I am still going through this). Also with a baby to think or ask for job require lot of intelligent planning at home.
vvicky72
07-15 10:28 AM
Thanks.
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Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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diptam
08-10 02:27 PM
Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"
If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)
My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?
If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)
My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?
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ragz4u
03-09 11:57 AM
is it over now? All I get is buzzzzz
Yes it is, the hearing is now scheduled for next Wed
Yes it is, the hearing is now scheduled for next Wed
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akp
07-20 12:37 PM
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
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arnab221
12-15 12:19 PM
Kill 2 birds with the same stone . Nice . Weigh loss + Green card Gain
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Munna Bhai
07-06 12:11 PM
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
This is too confusing, it looks like USCIS is going crazy.
more...
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ANGEL
07-29 07:58 PM
hello there,
i was not around for few days,just read your post.KABAYAN!I am also from the Philippines.I am not a derivative from my wife's visa,I am under the sched a category being sponsored by the hospital where my wife is working.i just had my ds230 filed and GOD knows how long is the wait this time.once visa numbers become available,you and your family will be first in line at least.your PD is 2005 so the chances of getting ahead in line is good,just make sure all is flawless,i mean requirements and all.good luck to all of us.where in pinas are you at?
i was not around for few days,just read your post.KABAYAN!I am also from the Philippines.I am not a derivative from my wife's visa,I am under the sched a category being sponsored by the hospital where my wife is working.i just had my ds230 filed and GOD knows how long is the wait this time.once visa numbers become available,you and your family will be first in line at least.your PD is 2005 so the chances of getting ahead in line is good,just make sure all is flawless,i mean requirements and all.good luck to all of us.where in pinas are you at?
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franklin
07-16 01:59 AM
...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
Feel free to pm or email if you need anything or have questions.
I don't want to sound like a know-it-all, but we are more than willing to help out however we can.
Drona, from SoCal, was up for the rally and integral in helping out as well.
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darslee
07-07 12:18 PM
We are 6th year H1B, but we only have a PD date of 27th July 2006.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
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arnab221
06-10 01:09 PM
The best way is this .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
more...
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test101
07-06 02:11 PM
I do not see a reason for what they are doing. The Original July VB was in Archived Bulletins as of july 2nd. The revised one is placed in the current visa Bulletins. So why the changes? is there any diference?
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Blessing&Lifeisbeautiful
08-08 05:46 PM
Hi Angel
If you need any help whatsoever, ps let me know.
bump
If you need any help whatsoever, ps let me know.
bump
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485Mbe4001
08-04 01:13 PM
FYI ..sorry to be blunt...your profile contains significant factual errors, please correct those first...just trying to help you as you are trying to help us. together we shall overcome.:p
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
drirshad
06-10 08:19 AM
I was watching one of these stand up comedy:
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
The guy says, why do the diamond companies come out with logos like
Diamonds are forever, just say Diamonds - that will shut her up.
The EB-GC is like the diamond for us buddies, it will sure shut us up.
We already have lost a decade of our lives in this grinding be it another, ain't got anything better to do.
tdasara
07-05 11:17 PM
Can anyone post the email of the reporter?
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