susie
07-15 12:12 PM
I thought about posting my case details and now the complaint has been filed feel it is only fair to share with others as my case could set a presidence for others
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
wallpaper funny cats dogs Brings you
desi3933
08-03 06:27 PM
EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!
Hi Pani_6 -
In your letter, the subject line is "Employment Based (EB-3) green card applicants waiting over a Decade"
How it be a decade, when your PD is 2001 or later? Even for EB-2, the wait time is 4-5 years.
Your letter should be based on facts and not on emotions (that, usually, tends to cloud the good judgment)
Good Luck! I hope you get GC soon.
Hi Pani_6 -
In your letter, the subject line is "Employment Based (EB-3) green card applicants waiting over a Decade"
How it be a decade, when your PD is 2001 or later? Even for EB-2, the wait time is 4-5 years.
Your letter should be based on facts and not on emotions (that, usually, tends to cloud the good judgment)
Good Luck! I hope you get GC soon.
eb3retro
03-12 06:35 PM
Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
r u sure, u r eb3, cos, in USCIS world, u need to be atleast 50 years old or waited in the 485 sstage for more than 10 years to get a GC in eb3? did u port pd or country interchangeability etc? either ways..congratulatiosn to u. hope you are not kidding around, cos ur case, is a kind of ray of hope for other eb3 veterans here.
2011 Funny cats and dogs
bala50
09-13 09:03 PM
Here is my shot. Thank you ALL
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
more...
gcseeker2002
09-13 05:47 PM
What can we do about it ? I knew 3-4 guys who ported from EB3 to EB2 and even got their 485 approved because of this, during August.
ssa
09-10 04:33 PM
USCIS currently has no accountability at all. Nor do they seem to have any clue about how many cases they have in the queue. Just see EB2-I dates for all the 12 VBs for the 2008 fiscal year: It started at 1 APR 2004 then retrogressed back steadily till it eventually became "U" just to jump back to 1 Aug 2006 for the last 3 months! Now after one whole year of processing and approving some 20-30K green cards for EB2-I it is starting at 1 APR 2003, a full year back from where it began last year!! Meanwhile they have handed out thousands of green cards to PDs in 2006 when the rule clearly states they have to clear older PDs first! Care to explain, USCIS?
I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?
I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!
Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!
I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?
I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!
Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!
more...
anilnag
02-23 02:09 PM
At NSC I am seeing the following entry
-----
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
-----
What does 4 months mean?
It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.
-----
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
-----
What does 4 months mean?
It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.
2010 funny cats and dogs. funny
485Mbe4001
08-18 12:23 PM
you can modify the letter posted by mirage to include your details. i had updated it to the following.
I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.
-- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
-- number of unallocated EB visas from 1996-2007
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.
-- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
-- number of unallocated EB visas from 1996-2007
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
more...
DDLMODES
07-06 10:42 AM
Check OH Law Firm post.
I'm afraid that the fire has alerady started.
With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....
Just what we needed ...
:(
I'm afraid that the fire has alerady started.
With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....
Just what we needed ...
:(
hair funny cats and dogs with
ameryki
01-03 08:00 PM
hi applied for 485/ ead and ap on Aug 1st to NSC. I received Ead cards and finger printing complete. But no RN's for any of the 3 applications and no AP yet :-(. Can't even find out AP file number since lawyer used money order to file.
more...
Saburi
02-18 04:26 PM
Sorry to say this but i do not think EB3 India or any other Catagory will move much in this coming April 2009 Bulletin, Reason for this is if there was any possible movement then this would have atleast moved by 1 month in the past 4 months.
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
hot Posted in Funny Cats amp; Dogs
chi_shark
03-06 02:14 PM
There is no need for people to call USCIS. The PD date movement is based on demand. Even for a worst case scenario, USCIS should use 3300 visas for EB3-I. By Aug 2009, if they have only used 1000 visas, then DOS will move the PD for EB3-I by a couple of months.
Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.
I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.
did m c not know about nostradamous? jk
Now my prediction. We will see PD current for all categories except for EB3-I/EB2-I/EB2-C in by August 2009. EB3-I would reach 2003 Jan. EB2-I and EB2-C will reach 2006 Jan.
I have no real basis for my prediction. Like Michael Crichton would say, no body can predict the future. We can only guess about what would happen in the future. Some of that guess is a calculated/informed guess; still it is just a guess.
did m c not know about nostradamous? jk
more...
house of funny cats and dogs
jonty_11
07-06 01:07 PM
This is going to drag forever. Now, the USCIS will surely get investigated, as they approved some applications without FBI check complete....bunch of idiots in fact. I wonder when Chertoff will resign.....
chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....
chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....
tattoo The Truth about Cats and Dogs!
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...
pictures funny pictures of cats
Marphad
07-06 02:41 PM
Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.
dresses funny cats and dogs pics
skv
06-18 01:13 PM
goes to automated voicemail:mad: :mad: :mad: :mad: :mad:
B'cox, they are receiving lots of call recently due to PD movement. :-)
Hope they will respond, if you had left a voice mail.
B'cox, they are receiving lots of call recently due to PD movement. :-)
Hope they will respond, if you had left a voice mail.
more...
makeup funny pictures of dogs with
Suva
07-19 02:30 PM
I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
girlfriend Videos funny Cats Dogs
485Mbe4001
06-11 01:48 PM
i wanted to aviod posting this, but please include a bit of realism in your optimism. Full disclosure: i am EB 3-I
We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.
After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.
a) we have no estimate of the per country breakdown of pending applications.
b) we have no idea how many EB2 India applied in July 07
c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
This affects ROW as well as the retrogressed countries as the per country quota is still fixed.
We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.
I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.
VISA BULLETIN FOR July 2008
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....
VISA BULLETIN FOR JULY 2007
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.
After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.
a) we have no estimate of the per country breakdown of pending applications.
b) we have no idea how many EB2 India applied in July 07
c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
This affects ROW as well as the retrogressed countries as the per country quota is still fixed.
We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.
I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.
VISA BULLETIN FOR July 2008
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....
VISA BULLETIN FOR JULY 2007
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
hairstyles Rear gear for cats and dogs
husamymd
01-03 04:30 PM
I am a July 27th filer, got email that AP approved Dec 20th. Not recieved it physically yet.
anilsal
12-18 05:35 PM
Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
SkilledWorker4GC
07-15 10:48 AM
Please update the total once you contribute. The total so far is $1140.00
No comments:
Post a Comment