GreenCardLegion
02-25 12:07 PM
I am game for this! Good Idea
wallpaper Build Your Nissan Titan on the
tinamatthew
07-21 01:31 PM
I am new to this forum, so I am joining this tread.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Yes that is correct
Q2. If so, would I have to worry about getting the I-485 approved?
I woudln't worry. You have a valid i-94 and have maintained status all this time
Q3. If not, should I filed for I-485 at all?
You have nothing to loose by filing
Q4. Any suggestions or possiblities to consider?
Did you hand in your first i-94, when leaving the country after overstaying for 10 years?
Thank you.
Hope this helps.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Yes that is correct
Q2. If so, would I have to worry about getting the I-485 approved?
I woudln't worry. You have a valid i-94 and have maintained status all this time
Q3. If not, should I filed for I-485 at all?
You have nothing to loose by filing
Q4. Any suggestions or possiblities to consider?
Did you hand in your first i-94, when leaving the country after overstaying for 10 years?
Thank you.
Hope this helps.
addsf345
05-11 01:43 PM
You can call this also as jealous. There are too many people from the other countries will have to wait because not having people to mass migrate to US. Arguments can be made in way. So be sympathetic. Your issue may not an issue for me. Do not call it as jealous
What they are saying not jealous. According INA priority date in case substitution is the day I-140 is applied. Somehow the original labor date was assigned as priority date . This might be an error but is causing problems and Inconvenience and injustice to some innocent people. You can call it as jealousy. That is alright but they have an issue which they need to fight. However small number may be it can benefit these guys.
If you do not support them that is OK. The moment you start using the word jealous, anti-immigrant etc. it stops the discussion.
I also looked around for subLC, could not get one and had the same state of mind. I was not willing to take risk for it, like leaving my current job etc. so I know first hand the exact state of mind.
regarding ur post: the point u r missing is the lcSUB was legal till middle of july 2007. It is not any more. At this point, it is like crying over something which is stopped 2 years back.
if you think from a balanced mind, that "visa recapture" and "end of discrimiation based on country of birth" can end woos to all of us.
As far as your argument for under representated countries, yes they do have visa lotterry and for your kind knowledge, india is not listed for this.
Lastly, would appreciate if you can update your profile and make some educated arguments.
What they are saying not jealous. According INA priority date in case substitution is the day I-140 is applied. Somehow the original labor date was assigned as priority date . This might be an error but is causing problems and Inconvenience and injustice to some innocent people. You can call it as jealousy. That is alright but they have an issue which they need to fight. However small number may be it can benefit these guys.
If you do not support them that is OK. The moment you start using the word jealous, anti-immigrant etc. it stops the discussion.
I also looked around for subLC, could not get one and had the same state of mind. I was not willing to take risk for it, like leaving my current job etc. so I know first hand the exact state of mind.
regarding ur post: the point u r missing is the lcSUB was legal till middle of july 2007. It is not any more. At this point, it is like crying over something which is stopped 2 years back.
if you think from a balanced mind, that "visa recapture" and "end of discrimiation based on country of birth" can end woos to all of us.
As far as your argument for under representated countries, yes they do have visa lotterry and for your kind knowledge, india is not listed for this.
Lastly, would appreciate if you can update your profile and make some educated arguments.
2011 Nissan : Titan Crew cab LE
Deepika
06-19 09:31 PM
I have a similar problem. In all my documents i just have one name as given name from childhood no surname or initials.
In passport given name is : XXX
And surname is : blank
In my H4 stamping they made it
Given name : FNU (First name unknow)
Last Name : XXX
So in my medical record and I-94, I-797 in US i use FNU XXX. I am planning to apply with this name itself as i feel it may take a while and is not safe to go to indain embassy and have a name change with this short time.
I plan to have my husbands name as my last name later.
Can i do it after filing for 485 or getting GC. Do reply.
In passport given name is : XXX
And surname is : blank
In my H4 stamping they made it
Given name : FNU (First name unknow)
Last Name : XXX
So in my medical record and I-94, I-797 in US i use FNU XXX. I am planning to apply with this name itself as i feel it may take a while and is not safe to go to indain embassy and have a name change with this short time.
I plan to have my husbands name as my last name later.
Can i do it after filing for 485 or getting GC. Do reply.
more...
PlainSpeak
04-15 09:47 AM
Now you are telling the real reason :)
2 yrs wait?? Its been 4 yrs and yet to file 485
Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda
Whether i am a minority and whether i am a majority does not make any difference.
If you want legal speak then ...
Giving GC to STEM graduates is not the right way. If US needs to keep these educated people in US then US needs to make sure these educated people get an H1B without any issues and then they are on the path to GC like everyone else because H1B is a dual intenet visa. Jumping from a F1 visa to a GC visa is not correct as F1 visa is not a immigration intenet visa
If you want plain speak then ...
Why should STEM graduates have it easy when a H1B has to struggle and wait in liner to get a GC.
I would agree to this only is the requirement is made so that only PHD and scientist who have atleats acouple of research papers published be given GC and not every Tom, Dick and harry who completes 4 years engg degree in india from a 2 bit university and whose parents have money and uses this money to pay for 2 years MS.
2 yrs wait?? Its been 4 yrs and yet to file 485
Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda
Whether i am a minority and whether i am a majority does not make any difference.
If you want legal speak then ...
Giving GC to STEM graduates is not the right way. If US needs to keep these educated people in US then US needs to make sure these educated people get an H1B without any issues and then they are on the path to GC like everyone else because H1B is a dual intenet visa. Jumping from a F1 visa to a GC visa is not correct as F1 visa is not a immigration intenet visa
If you want plain speak then ...
Why should STEM graduates have it easy when a H1B has to struggle and wait in liner to get a GC.
I would agree to this only is the requirement is made so that only PHD and scientist who have atleats acouple of research papers published be given GC and not every Tom, Dick and harry who completes 4 years engg degree in india from a 2 bit university and whose parents have money and uses this money to pay for 2 years MS.
chandler_vt
04-30 08:24 AM
If less than 20,000 MS H1B applications were received on April 2, what will be the rules of the lottery? Will all those whose applications were received on April 2 be guaranteed a H1? In this case,will lottery apply for April 3 and April 4?
If an application is received on April 2 and there are enough h1s available then clearly that application wont be subjected to a lottery. Lottery is only applicable to applications received on the same day when there are not enough h1s available.
If an application is received on April 2 and there are enough h1s available then clearly that application wont be subjected to a lottery. Lottery is only applicable to applications received on the same day when there are not enough h1s available.
more...
shree19772000
12-19 03:59 PM
Contributed $20......
2010 Nissan Titan LE King Cab
gc_check
04-14 08:11 AM
Even if you assume there are 3000-5000 labor subs that chocks up the queue, it might have benefited the ones with a 2003 PD like yourself. But for others (beyond 2003) , it is not much of a help. A visa recapture would benefit the community at large.
Even if you consider 3000-5000 labor subs, not many of those are "sold" labors, many of them are legal ones. labor subs were all legal until some companies started selling those.
Hi.. I'm not discussing whether labor subs is legal or not. Prior to July 2007, the law & regulations allowed to utilize the labor cert, that was certified for a Alien with a diff Alien, provided skill, edu... etc matches. Though it is legal, the amount of mis-use led to sunset of the program after many many years of existence.
My argument is that Labor Sub, does impact PD movement significantly, Also most people I know with PD prior to 2002 , except very few unlucky ones most got their GC. Also in July 07 rush, many who had already filed 485 with PD 2003 and early 2004 also got approved.
I know there were lots of approvals from Backlog Elimination center, but unless you work for a very good company, I doubt you will still be stuck with the employer from 2000 just for the sake of GC. When the dates were current, many moved to other companies, If you were here in US during late 2000 and 2001, that was not nice year for IT / Tech. Now where did all these old PD's pop from. Definitely sub has a big role to play. As I said in my earlier post, nothing can be done abt. this.
Visa recapture and visa increase seems to be the only option that might help.... and most member now know what it takes to get there... $$$$ and more $$$$$ to lobby, etc...
Even if you consider 3000-5000 labor subs, not many of those are "sold" labors, many of them are legal ones. labor subs were all legal until some companies started selling those.
Hi.. I'm not discussing whether labor subs is legal or not. Prior to July 2007, the law & regulations allowed to utilize the labor cert, that was certified for a Alien with a diff Alien, provided skill, edu... etc matches. Though it is legal, the amount of mis-use led to sunset of the program after many many years of existence.
My argument is that Labor Sub, does impact PD movement significantly, Also most people I know with PD prior to 2002 , except very few unlucky ones most got their GC. Also in July 07 rush, many who had already filed 485 with PD 2003 and early 2004 also got approved.
I know there were lots of approvals from Backlog Elimination center, but unless you work for a very good company, I doubt you will still be stuck with the employer from 2000 just for the sake of GC. When the dates were current, many moved to other companies, If you were here in US during late 2000 and 2001, that was not nice year for IT / Tech. Now where did all these old PD's pop from. Definitely sub has a big role to play. As I said in my earlier post, nothing can be done abt. this.
Visa recapture and visa increase seems to be the only option that might help.... and most member now know what it takes to get there... $$$$ and more $$$$$ to lobby, etc...
more...
map_boiler
04-19 06:20 PM
...hope it helps.
Great job IV team! Thanks!!!
Great job IV team! Thanks!!!
hair King Cab. Nissan Titan 4x4
reedandbamboo
09-11 05:12 PM
is "UTTER LACK OF ACCOUNTABILITY" on USCIS's part. That will be in the final version.
more...
MahaBharatGC
12-03 05:10 PM
Just couldn't believe how much the IO knows about. They are just so mechanical in actions and they do not even know the basic understanding of various bulletins. :mad:
I pity on your experience and it just shows how important to record keep every communication you make!!!!
Best of Luck & JaiHind!
I guess My interview didn't go as expected.
1) I reached the office an hour early.
2) After waiting,they did security check and let us in
3) Then the lady who was assigned my case, came and took us into her room
4) Oath, etc
5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
12) She said she will look at DOS bulletins
13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
15) She said, you would think so..but they accept many times..so we are told to verify all the time
16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.
17) We had no choice and we were over the interview. we were little disappointed though
18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo
19) I went back an hour later with the print out
20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)
21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in
22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)
23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
then she asked, I am sure you didnt come back for I-94 alone, did you get any document?
24) We showed her the memo.
25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today
26) We waited for 2 hrs and then she took us inside.
27) Asked our passports (to stamp...really)
28) Then she looked into the computer to get the visa #.
29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.
32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.
hmmm....still keeping fingers crossed..this is nothing short of a car race.
:confused:
I pity on your experience and it just shows how important to record keep every communication you make!!!!
Best of Luck & JaiHind!
I guess My interview didn't go as expected.
1) I reached the office an hour early.
2) After waiting,they did security check and let us in
3) Then the lady who was assigned my case, came and took us into her room
4) Oath, etc
5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
12) She said she will look at DOS bulletins
13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
15) She said, you would think so..but they accept many times..so we are told to verify all the time
16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.
17) We had no choice and we were over the interview. we were little disappointed though
18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo
19) I went back an hour later with the print out
20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)
21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in
22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)
23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
then she asked, I am sure you didnt come back for I-94 alone, did you get any document?
24) We showed her the memo.
25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today
26) We waited for 2 hrs and then she took us inside.
27) Asked our passports (to stamp...really)
28) Then she looked into the computer to get the visa #.
29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.
32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.
hmmm....still keeping fingers crossed..this is nothing short of a car race.
:confused:
hot 2009 Nissan Titan Bristol, TN
lipstickonuscis
09-18 08:58 AM
Its ridiculous this dicussion about EB2 and EB3. Our strength lies in numbers, the more we divide ourselves the less consequence we have.
more...
house 2004 Nissan Titan King Cab
chanduv23
04-11 12:14 PM
I heard from a friend who has a brother working in one of the lawyers affiliated with the AILA that USCIS has issued an internal memo to "go slow" on all EB 3 petitions including EB 3 I. That is very confusing to me given that EB3 I is U on the May VB. Has anyone else heard about this? if so can the IV core take measures against this discriminitory move.
Well - at the end of the fiscal year - their goal is to exhaust the quota. They have to exhaust the quota and they figured out that they have old EB2 approvable cases. As long as they exhaust quota it literally means there is demand - there is nothing much we can do - we are just stuck.
I request the entire community to unite and do something for ourselves. Admin fixes in form of preadjudication and recapture in form of legislation. Unless we do something for ourselves, as time passes - things will get more tough for us.
Well - at the end of the fiscal year - their goal is to exhaust the quota. They have to exhaust the quota and they figured out that they have old EB2 approvable cases. As long as they exhaust quota it literally means there is demand - there is nothing much we can do - we are just stuck.
I request the entire community to unite and do something for ourselves. Admin fixes in form of preadjudication and recapture in form of legislation. Unless we do something for ourselves, as time passes - things will get more tough for us.
tattoo Red Alert 2011 Nissan Titan SV King Cab 4x4 with Almond interior Red Alert
needhelp!
06-09 12:29 PM
Just got back to from DC and back to work. In a nutshell, it was amazing to relive the 2007 experience and reconnect with the dedicated IV members and Core team.
More updates coming..
More updates coming..
more...
pictures 2007 Nissan Titan King Cab LE
gcvision07
07-17 10:08 PM
Thank you very much IV core team.
You have done a great job in the past few days to get every one out of this fiasco.
Thanks to all the members of IV who have helped in acheiving this great success.
You have done a great job in the past few days to get every one out of this fiasco.
Thanks to all the members of IV who have helped in acheiving this great success.
dresses 2011 Nissan Titan SV King Cab
Prasad_FL
07-17 10:11 PM
I am new a new member of this website. You did excellent job and thanks a lot for your sincere efforts and coordination. I am inspired and contributed $100
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makeup Titan crew cab 4x4 with
GCBy3000
07-08 10:39 AM
Earlier I did not send and clicked NO to the poll. But how I have sent after IV supported it.
Order # FNK1822590
Deliver on:
Tuesday
Jul. 10, 2007
Order # FNK1822590
Deliver on:
Tuesday
Jul. 10, 2007
girlfriend 2005 Nissan Titan LE Reno, NV
swamy
11-18 06:18 PM
Can we not bring up Barbara Bush please? I realize you guys are from Texas but Barbara?Puhlease! If you Texans need further quotes, we can lend you Walking_Dude from Michigan - he can dig up awesome ones.
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eyeswe
02-26 03:15 PM
I like your idea. And I do support it in spite I not being in similar situation.. However with a little bit experienece I have with similar work flow improvement projects I would like to point out that the impact on labour/cost has to be thought through. My understanding is the agency has not been using Visa numbers because they are heavily loaded. Now if you ask them to do this pre-adjudicataion for all cases that will impose a sever load on them. I may be completely wrong here - it could be another department, another agency so this may not be an issue at all.. but if possible think through this as we submit a proposal.. If needed (now gals and guys don't beat me up!) we could even pay them (So they could hire people) to get this pre-adjudication done?
Comments, retorts welcome.. no abuses pls we are all learning here!
Comments, retorts welcome.. no abuses pls we are all learning here!
ras
05-10 04:18 PM
Here comes this potatoeater asking for another division based on substitution labor folks and non-substitution folks.
gcfordesi
07-05 12:42 PM
ORDER ID:
ESANCA0EG93G
RECIPIENT INFORMATION:
Name: Emilio Sanchez
Company: USCIS
Address: 20 Massachusetts Avenue, NW
Washington, DC 20529
Card Message: All the best for future Employment Based
visa estimates
Day Phone: 202-307-1565
Evening Phone:
E-mail:
DELIVERY DATE:
Tuesday, July 10, 2007
DELIVERY TYPE:
Express Delivery
ESANCA0EG93G
RECIPIENT INFORMATION:
Name: Emilio Sanchez
Company: USCIS
Address: 20 Massachusetts Avenue, NW
Washington, DC 20529
Card Message: All the best for future Employment Based
visa estimates
Day Phone: 202-307-1565
Evening Phone:
E-mail:
DELIVERY DATE:
Tuesday, July 10, 2007
DELIVERY TYPE:
Express Delivery
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